Cabildo de Tenerife

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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)

The present information is a summary of what is contained in articles 123 and following of Law 4/2017, on land and protected natural spaces in the Canary Islands:

What is it about:

It is the planning instrument that orders and designs, for immediate execution, or that executes, general systems, endowments and structuring equipment or for industrial, energy, non-accommodation tourist, cultural, sports, health or similar activities of a strategic nature, when it comes to meeting unexpected needs or urgent actions.

Prerequisites:

Projects authorised under this instrument must be of island interest and must serve a strategic interest to be demonstrated during the procedure.

On which land they can be authorised:

They can be carried out on any type of land regardless of its classification and urban qualification although they can only be implemented in rustic lands of Environmental Protection and Agricultural Protection when they are of public initiative. Moreover, in this case they can only be approved when there is no viable alternative on another land and the functionality of the work so requires.

Who can promote them:

Projects of Island Interest can be promoted by public or private initiative with the exception of those that affect rustic lands of Environmental Protection and Agricultural Protection that can only be of public initiative.

Procedure:

  • Unless the promoter is the Island Corporation itself, the procedure begins with the presentation of the application to the Island Council in the corresponding registry. The application must be accompanied by the legally established documentation.
  • Resolution on the island interest of the project within 3 months, understood to be rejected by administrative silence. In the case of a private initiative, it is also required a report from the municipalities on whose land the project is to be developed.
  • Instruction:
    • Public information and hearing to landowners during the period of 1 month.
    • Report of the Island Administration and of the affected municipalities.
  • Approval of the Project by the Plenary of the Island Council or, where appropriate, submission of the file to the Government of the Canary Islands for final approval when the affected municipalities express disagreement with the project.

Unless the initiative corresponds to the Island Council, the project shall be considered rejected for the course of a period of 6 months without resolution from the notification to the promoter of the concurrence of island interest.

Contact and Information

  • Address: Plaza del Cabildo, s/n
    38001, Santa Cruz de Tenerife
  • Telephone: 901 501 901
  • E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

About spatial planning

Spatial planning refers to the methods used by the public sector to organise the ways in which land may be used and activities carried out in an island's territory.

The purpose of spatial planning is to rationalize the activities that can be carried out in a territory from a perspective that is higher than the local level.

Spatial planning by the Council of Tenerife

The Island Council has direct and indirect competence in the following affairs:

  • Direct competence.- The Council prepares a Spatial Plan for Tenerife Island (PIOT) and submits it to the government of the Autonomous Region of the Canary Islands for final ratification. The Council of Tenerife's competence in in the processing and ratifying the PIOT incluyes:
    • Drafting and processing the Partial Plans for Spatial Planning and the Special Plans for Spatial Planning for matters over which the Council of Tenerife has authority.
    • Final ratification of Special Plans for Spatial Planning that implement the PIOT.
  • Indirect competence.- The Council is authorised to make sure that all Urban Planning complies with the Spatial Plan for Tenerife Island (PIOT). According to current legislation (*), urban planning includes the following instruments: General plans, partial plans, special plans, detailed studies and catalogues, as well as any cases that amend these.

The regional government routinely requests the Island Council to draft the PIOT and plans for spatial planning.

The procedure consists in ratification of the draft, either preliminary or temporary, as the case may be, prior to final ratification of a Plan. During the processing period, the Plans are published for the citizens to consult and make any allegations they deem convenient.

The Island Council is competent to give the final ratification of Special Plans for Spatial Planning to implement the PIOT. All other cases are ratified by the Autonomous Region's government.

* Legislative Decree 1/2000, of the 8th of May, which ratifies the revised text of the Spatial Planning Laws of the Canary Islands and the Canary Islands Nature Areas.

Go to the Spatial Plan for Tenerife Island and the plans by which it is implemented for further information Plan Insular de Ordenación de Tenerife and plans.

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