Filenews 24 May 2021 - by Angelos Nikolaou
Open wounds of illegal development that, instead of being punished, are favoured by the mechanisms of the state, recorded in recent years in Cyprus and demonstrate the government's failure to limit the phenomenon of everyone doing what they want. Examples of many: illegal operation of restaurant and refreshment in the southern bay of Lara, illegal operation of a restaurant and refreshment establishment in the estuary of the White River, illegal operation of a livestock unit in the Gremos of Hanoutaris, illegal extension and/or configuration of beaches of the Municipality of Sotira in Agia Thekla, Sirens and Poseidon, exceeding a licensed number of floors of the mixed tourist development Sun City in Agia Thekla, etc.
Illegalities that have emerged in recent years, in most cases, have also been taken through the legislation in force, but in fact we have not seen a result, since the illegals are still acting as if nothing is happening. Issues recorded by environmental organisations are highlighted through reports from the Audit Office, in some cases legal measures are even taken by the competent authorities, but to no avail.
The problems have long been monitored by the competent authorities, which have now decided to react. Initially the Hunting and Fauna Service, by letter dated 10/3/2021, and later the Department of the Environment, by letter dated 14/4/2021, addressed the Department of Urban Planning and Housing, raising the need to amend the Planning and Spatial Planning Act, with regard to the process of removing and dealing with arbitrary interventions and illegal development, especially within protected areas of the Natura 2000 network.
The Hunting and Fauna Service considers that there is a need to modernise and amend the Planning and Spatial Planning Act, with regard to the removal and treatment of illegal developments. At the same time, it believes that various structural and procedural changes should be made, since the problem of unlicensed rural development is serious and needs to be addressed immediately.
The Department of Hunting and Fauna informs the Department of Urban Planning and Housing that checks it has carried out show that development is being carried out without permits, even within protected and sensitive areas and/or within Natura 2000 areas. These developments, which are either at an early or advanced stage, find that with existing legal and administrative tools it is almost impossible to deal with and achieve meaningful and effective solutions, nor to repair the environmental damage that has been caused.
At the same time, the Hunting and Fauna Service notes that existing legal and administrative tools do not have the concept of preventing and preventing the damage caused.
It explains that the existing procedure provided through the current legislation concerning the "Enforcement Notice" is very time-consuming, anachronistic and ineffective, with the result that in almost all cases of illegalities and arbitrariness such fait accompli are created, which are almost impossible to remove. Therefore, he stresses, there are no consequences for the offenders, no restoration and/or rehabilitation is achieved and in several cases irreparable damage is caused.
The adverse effects concern not only urban planning issues but also effects relating to the natural environment and landscape, as well as the feeling of justice as the offenders do not suffer any consequences.
Department of the Environment: To take measures to discourage such acts
The Department of the Environment in turn confirms what the Hunting and Fauna Service says about the problem created by the continuous construction of unlicensed outdoor development, as well as the need to handle it. It recommends that the relevant legislation be amended so that more immediate measures can be taken to deal with the phenomenon with the ultimate aim of discouraging such acts.
Furthermore, the Department of the Environment refers to the opinion of the Attorney General, which states that the environmental evaluation of projects cannot be carried out as long as the projects have been implemented or are under way. At the same time, it notes, the European Habitats Directive and the corresponding national legislation speak of the importance of repairing damage from existing projects or operations that may adversely affect protected areas and/or species.
According to the Department of the Environment, both during supervisory activities and from relevant complaints from operators and/or citizens, this phenomenon is strongly observed even within protected and sensitive areas and/or within Natura 2000 areas. Unfortunately, it notes, it is found that existing legal and administrative tools make it almost impossible to achieve effective solutions and repair the damage caused by these illegalities, especially since any consequences are not directly enforced (e.g. out-of-court arrangements).
In particular, says the Department of the Environment, the existing process provided through the current legislation concerning the "Enforcement Notice" is very time-consuming and ineffective in preventing the phenomenon and restoring the environment.
SERVICE OF ETEK - Extrajudicial regulation with dissuasive and immediate penalties
The Hunting and Fauna Service recommends, possibly with the assistance of the ETEK as Technical Adviser to the State, that the relevant legislation be amended so that there is the possibility of much more immediate, corrective and dissuasive tools and penalties, both for the purposes of immediate solutions, but also for the purposes of prevention and prevention.
It also submits concrete recommendations for more effective implementation of the legislation, so as to ensure that the necessary control is carried out and that satisfactory prevention of arbitrary and illegal developments is achieved, even within protection areas.
(a) Possibility of out-of-court regulation, with dissuasive and immediate penalties, where deployments are detected without the granting of the necessary permits and an immediate serious penalty payment is imposed for the illegal construction carried out or being carried out. For cases where such deployments are found within protection areas (Natura 2000 and urban protection zones Z2, Z3, PF, PT, etc.), the penalties could be more severe. The significant fine that an offender will have to pay will also be a good reason to prevent illegality from others.
(b) In the case of illegal building constructions there should be direct and tangible adverse effects on the project's scholars and engineers, who were responsible for or involved in the implementation, monitoring and/or supervision of a project. Strict and dissuasive fines, or deprivation of a licence to practise for a period of time and/or deletion from the Register of Engineers, should be imposed.
(c) Appropriate action should be taken to ensure that public infrastructure such as electricity and water supply is provided only by obtaining the necessary permits (urban and building permits). Only when the building has been completed and checked on the spot (e.g. by staff with engineers of EAC, ITO and ETEK) with a solemn declaration by the supervising engineer that it has been erected on the basis of a permit and approved plans to enable the relevant connection of the premises.
d) Establish a mechanism for rapid and electronic information between the competent services such as the Department of Urban Planning and Housing, the Department of the Environment, the Department of Hunting and Fauna, but also the ETEK, so that there is rapid mutual information and action in these cases.
(e) Establish teams only for on-the-spot investigations to implement the legislation and the required control. That is to say, staff from competent departments (Department of Urban Planning and Housing, ETEK, as well as other services such as EAC, the Department of Environment and the Department of Hunting and Fauna, depending on the project /building carried out).
