In a recent ruling, the Superior Court of Justice of the Canary Islands (TSJC) has upheld the suspension of the Cuna del Alma tourism project in Puertito de Adeje, in the south of Tenerife, dismissing the request made by the Adeje Council to lift the suspension. The project's construction was halted in November following concerns about the "imminent threat of environmental damage" posed by the presence of the ‘Echium triste’, a protected plant species, as per the resolution issued by the regional Government.
In an order dated July 27, 2023, the Canarian High Court justified its decision to maintain the suspension, asserting that a comprehensive analysis of the potential impact of the project on protected habitats and species had not been conducted. The TSJC emphasized that no assessment had been made regarding the potential damages. Consequently, the ongoing suspension is deemed necessary for the "protection of natural habitats".
The Regional Executive instructed the Cuna del Alma project's developer to cease construction more than ten months ago due to the discovery of the Echium triste (sad viper) in the area. This plant species is included in the Canary Islands Catalogue of Protected Species, which designates species deserving of special attention due to their scientific, ecological, cultural value, uniqueness, or rarity, even if they are not currently in danger of extinction or vulnerable.
Technicians from the government have confirmed the presence of a new population of this protected species in the area of Puertito de Adeje, and have identified the habitat as conducive to the optimal development of new specimens. Consequently, they have prohibited any action involving the uprooting, cutting, or transfer of these plants. Simultaneously, they requested cartography depicting the current and potential distribution of the sad viper, along with similar studies from the Ministry of Fight against Climate Change and Ecological Transition.
However, the TSJC's recent order noted that there is still "no study available on the presence of environmental values protected by state and regional regulations throughout the scope of project development." The court cited evidence of more than 65 protected species making use of the project area. Additionally, they referred to a "partial study commissioned by the Tenerife Cabildo" revealing a significant increase in the surface area of a habitat of community interest due to the construction work.
Given the lack of sufficient evidence and information, the TSJC concluded that there are not enough grounds to lift the ongoing suspension, which was requested by the Adeje City Council, despite the council's strong support for the project amidst criticism.
Notably, the company behind Cuna del Alma has faced charges from the Canary Islands Agency for the Protection of the Natural Environment (ACPMN) for failing to provide an environmental impact study for the urban project. Furthermore, the General Directorate of Heritage of the Government of the Canary Islands has sanctioned the company for the "significant alteration and destruction of an archaeological site" in the project area.
In light of the above, the TSJC ruled that the appeal made by the Adeje City Council "lacks suspensive effect" and ordered the council to cover the associated costs.
