Filenews 27 May 2022 - by Angelos Nikolaou
Under the microscope of the Audit Office was found the single development, large-scale, of residential units and support services in the community of Pano Platres in the Limassol district.
In the conclusions of the special report with controlled entities, the Water Development Department, the Department of Environment, the Department of Town Planning and Housing and the District Administration of Limassol, it is mentioned that once again, the conduct of illegal earthworks and construction works continues to be observed, with the tolerance of the competent Authorities, which do not seem to have taken timely and sufficient measures to prevent their great expansion. Also, taking into account that even the minimum risk of pollution of the Kouris water reservoir is very serious, possible pollution, from uncontrolled and illegal operations, on the one hand it violates the provisions of the Water Protection and Management legislation and on the other hand it can have incalculable consequences, since it can cause very serious problems to the water supply capabilities of Cyprus, which, over time, it often faces serious problems of water scarcity.
The Audit Office draws the attention of the competent Authorities as during the examination process of the Town Planning Application No. LEM/01427/2019, take into account the illegal and uncontrolled actions, as well as the possible cumulative effects of pollution on the Kouris water reservoir and the environment. Also, the Prefect of Limassol is called upon to make a complaint against the supervising engineer of the works at ETEK, as well as the contractor of these works to the Council of Registration and Control of Contractors of Building and Technical Works.
The special report was carried out at the request of the House Standing Committee on the Environment during its meeting on 6/10/2021 and aimed at the examination of the opinion procedures by the Environmental Authority and the application for a planning permission, by the Planning Authority, of a single development, large-scale, of residential units and support services in the Community of Pano Platres in the Limassol District. The plots of land under consideration and the wider area have significant sensitive environmental characteristics, since part of the proposed plots fall under Urban Protection Zones and from the eastern end of one of the plots passes a registered watercourse. A large part of the plots is located in close proximity to the River Kryos and the steep slopes of the river is located within the Nearby Protection Zone (KZP) of the water reservoir of the Kourris Dam. Also, bird species are found, which, due to the slopes within the proposed plots, the Environmental Authority estimates that they are used for nesting.
According to the Audit Office, most of the proposed development, for which the contractor of the project began uncontrolled and illegal earthworks and construction works, before securing all the necessary by the legislation permits, is located within the CIS of the Kourris water reservoir. It is obvious, he notes, that the minimum risk of pollution of the reservoir in question is considered very serious, since it is, according to the Water Development Department (WDD), the main source of water supply in Cyprus. Possible pollution of the reservoir from uncontrolled and illegal operations, on the one hand violates the provisions of the Legislation on Water Protection and Management and on the other hand may bring incalculable consequences, causing very serious problems for the water supply capabilities of Cyprus, taking into account that over time it often faces serious problems of water scarcity.
Although the Department of Environment (IT) found the illegal interventions from 15/10/2020 and, by letter of the day. 21/10/2020, informed the Planning Authority that the contractor of the project had begun construction works and had proceeded to the detachment of 97 trees, the latter issued an Enforcement Notice on 10/8/2021, i.e. 10 months later and after a second letter of it, date. 9/8/2021, which informed her about new interventions (clearings, excavations and flattening) and illegally erected building.
The Audit Office notes that the contractor of the project, considering for granted the securing of Planning Permission, proceeded to the arbitrary and illegal cutting off of a large number of trees, before securing it, which constitutes contempt, both of the legislation on Forests and of the natural environment in general.
Although the IT, as the Environmental Authority, in the letter of the day. 9/8/2021, to the Planning Authority, refers to a series of illegal interventions (clearings, excavations, levelling, erected building), considered that it could proceed to a comprehensive evaluation of the project. The Audit Office considers that the Environmental Authority did not take into account all the illegal interventions, nor their actual size, when taking its decision to continue the evaluation process in the Environmental Impact Assessment Committee.
Moreover, according to the Audit Office, the possible cumulative effects that the project under consideration may cause on the environment have not yet been assessed, nor the possible cumulative effects of pollution on the water reservoir of the Kouris Dam.
Recommendation for a fine and complaints to the competent bodies
The possible responsibilities of the supervising engineer and the contractor were not considered. The Audit Office draws the attention of the competent Authorities (Director of the WDD and directors of the IT and the Department of Town Planning and Housing (TPOs)), that the legalization of arbitrary interventions within environmentally sensitive areas and especially within the specific CIS, encourages the uncontrolled implementation of illegal developments, aiming at the creation of faits accomplis and will further increase the cumulative pollution pressures of the vital water reservoir Kourris. The Audit Office recommends to the Planning Authority to examine the imposition of an administrative fine, in accordance with the provisions of article 48(A) of Law 90/1972. He also recommended to the Prefect of Limassol to make a complaint against the supervising engineer of the works at the Scientific Technical Chamber of Cyprus (ETEK), as well as the contractor of these projects to the Council of Registration and Control of Contractors of Building and Technical Works.
It is 150 metres from Mylomeri
The largest part of the project under consideration falls within the CIS of the Kouris water reservoir, while part of the proposed plots fall under Urban Protection Zones. Also, the area of siting of the proposed project abuts the site of Mylomeri, where the largest waterfall of Troodos is located. In fact, the boundaries of the location area of the proposed project are about 100-150 m. from the base of the Mylomeri Waterfall and from the view point, which is located at the end of the linear nature study path of the Department of Forests (TD). Mylomeri Waterfall is under the responsibility of the Community Council of Platres.