The Administrative Court No.3 of Santa Cruz de Tenerife has ruled in favour of Melisolfi Consulting, declaring the suspension and closure of works at the Arts Shopping Centre on El Camisón beach between Los Cristianos and Playa Las Americas null and void. The court also nullified the fine imposed by former Mayor of Arona, José Julián Mena, after a lengthy appeals process that began in 2021.
The ruling invalidates these administrative actions and orders a rollback to the point where the procedural error was identified. Additionally, the court has ordered the defendant administration to pay the incurred legal costs, capped at 1,500 euros.
Both the order to suspend ongoing work and the resolution to initiate sanction proceedings were issued without a technical report in the administrative file verifying that the construction was being carried out without the necessary permits.
In April 2021, the Arona City Council fined Melisolfi Consulting S.L. 190,000 euros for carrying out construction work without the correct authorisation, classified as a very serious infraction. The administrative file was resolved by Mayor José Julián Mena on April 9th, after the promoter's allegations were rejected.
On March 30th, the Provincial Prosecutor's Office of Santa Cruz de Tenerife filed a complaint, finding evidence of a possible urban planning offence in the construction of the shopping centre, which has remained closed following an investigation initiated in June 2020.
The building allegedly violates current municipal planning regulations by unjustifiably increasing the height and area of the shopping centre. These changes were adapted to the conditions outlined in the Los Cristianos Plan for Modernisation, Improvement, and Increased Competitiveness (PMM), which was never implemented after being withdrawn by the Canary Islands Government.
