From Vallecas to Playa del Inglés. The San Bartolomé de Tirajana City Council has rejected Vicarburos Canarias' plan to open a low-cost gas station in the heart of Gran Canaria's southern tourist area. The Administrative Court of the High Court of Justice of the Canary Islands dismissed the appeal filed by a developer against the San Bartolomé de Tirajana City Council's refusal to grant a building permit for a service station on the third floor of the Yumbo Shopping Center's outdoor parking garage in Playa del Inglés. The ruling upholds the decision of the City Council and the lower court, which declared the project incompatible with current zoning regulations.
The dispute arose when the appellant requested authorization to erect fuel pumps and underground tanks in an area designated for commercial, civic, and social use, according to the municipality's General Urban Development Plan (PGOU), and also designated as a mandatory parking area for the complex. The city council's technical reports had already warned that the construction of the gas station would necessitate the elimination of these parking spaces, violating specific provisions of local urban planning regulations and creating an objective risk due to its proximity to infrastructure such as an electrical substation.
During the legal proceedings, the developer's representatives argued that fuel facilities in shopping centers were fully compatible with state hydrocarbon legislation and market liberalization measures. However, the regional court settled this matter by reiterating that state regulations cannot override the specific conditions of municipal planning in tourist areas, where the detailed use of service stations is restricted to industrial zones.
The judges stressed that the granting of building permits is an act strictly governed by territorial and environmental law, so the local administration has the obligation to deny them if the project violates the permitted uses or compromises the safety and the massive influx of people typical of an enclave of this kind.
The ruling also addressed the criticism regarding the alleged arbitrary assessment of evidence and the bias attributed to the local corporation's technical reports. In this regard, the court reiterated the doctrine of free expert evaluation under the rules of sound judgment, affirming that the lower court judge's analysis was logical and coherent in weighing the risks inherent in the storage of flammable products. Consequently, the ruling upholds the denial of the building permit and orders the appellant to pay the court costs incurred in this appeal, with a maximum limit of €1.500.
