What is it about
Article 79 of Law 4/2017, of 13 July, on Land and Protected Natural Spaces of the Canary Islands regulates the procedure for granting a municipal licence for acts and uses of public or social interest which are not covered by the general planning. This procedure includes a processing phase before the Island Council urged by the City Council in order to issue a declaration on the existence or not of prohibition in the island planning and on the concurrence of public or social interest in the action.
Initiation of the procedure (Who can promote them): The procedure for granting the licence for acts and uses of public or social interest without coverage in the planning is initiated at the request of any administration or by private application to the relevant City Council. The processing of the island phase of the procedure will begin after the reception by entry registration of the Corporation of municipal instance that, in view of the license application, obtains from the Council a declaration on the following two aspects (Art. 79 Law 4/2017):
- Existence or not of prohibition of the action in the insular planning.
- Concurrence or not of public or social interest in the requested action.
On which land can it be declared
The uses, activities and constructions subject to this procedure may only be authorised on rural land not categorised as environmental protection or agrarian protection (Art. 62 Law 4/2017).
Procedure (Art. 79 Law 4/2017):
The island phase of the procedure begins with the presentation of the municipal application addressed to the Island Council in the corresponding registry. The application must be accompanied by legally established documentation.
The Council shall issue the declaration within a maximum period of three months from the date of receipt of the municipal application, without counting in this period the time in which it is eventually suspended in accordance with the provisions of Article 22.1 of Law 39/2015 on Common Administrative Procedure of Public Administrations.
In the event that the Island Council does not expressly decide on the declaration within the maximum term, it will be understood that there is no public or social interest in the action.
Processing
- Technical report on planning determinations.
- Requirement of reports to the competent areas of the Council.
- Public information and hearing of landowners during the period of 1 month.
- Report stating the reasoned public or social interest of the proposed action.
Declaration of the Island Plenary so that, in view of the considerations involved, the reasoned public or social interest of the intended action is declared or that there is no public or social interest involved in the action.
Island Instruction to declare acts of use of public and social interest (PDF - 99 KB)
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