Filenews 4 March 2023 - by Angelos Nicolaou
The former Council of Ministers by decision dated 18/01/2023, published in the Official Gazette of the Republic on 17/02/2023, five days after the presidential elections, approved the application of the company Jimchang Cyprus Developing Co Ltd, for the granting of a temporary planning permit in derogation of the provisions of the Local Plan of the Free Province of Famagusta, in accordance with the recommendation of the Council for the Study of Derogations (SYMEPA) and authorization of the Planning Authority to grant the above planning permission. Essentially, the decision of the outgoing government concerns the ex-post legalization of the two additional floors already erected in the Mixed Tourist Development (MTA) "Sun City Spa Resort & Residences" in the Municipality of Sotira. This is a development within or near the Natura 2000 Network, which arose after the publication of a TV report on the Cyprus Investment Program by the Al Jazeera television network.
The Audit Office in a letter to the directors of the Department of Town Planning and Housing and the Department of Environment argues that no derogation should be granted. Specifically, in the letter dated 15/02/2023, the Service considers that the necessary procedures should be rapidly promoted so that this decision of the Council of Ministers is revoked and compliance with the conditions set by the Environmental Authority.
The Audit Office invokes the terms of the Special Ecological Assessment report of June 2021, "which are undoubtedly legally binding, on the basis of the acquis communautaire, which takes precedence over any provisions of national law, for the development in question should not have been approved any derogation from the defined growth factors, but instead the provisions of the legislation for the removal of illegalities should be applied".
As is apparent from the report of "F", the director of the Department of Urban Planning wrongly forwarded the said application for examination to the Council for the Study of Derogations (SYMEPA), SYMEPA wrongly examined the application without investigating all aspects of the case and wrongly recommended by a majority the approval of the said application for a temporary planning permit of five years. Subsequently, the Minister of Interior wrongly took the proposal to grant planning permission by way of derogation to the Council of Ministers, and the Council of Ministers wrongly took the decision to authorize the Planning Authority to grant planning permission with appropriate terms, including the terms and conditions/ compensatory measures proposed by SYMEPA.
The Planning Authority forwarded the application by way of derogation from the current Development Plan, as it considered that for the proper urban planning regulation of the area (not for environmental reasons) the exceeding of the number of floors from the already approved floors, both in the residential apartment building and in the hotel, cannot be ensured in the exercise of a Special Discretion granted to the Planning Authority based on the provisions of the Development Plan.
It is noted that SYMEPA, recommended the approval of the application "considering that it is justified on the basis of criteria (d) and (g) of Regulation 19(1) of the relevant Regulations, which concern the promotion and implementation of a regional development policy or enlargement of the local economic base, since the increase in the capacity of the development, in combination with the modifications for the improvement of the product it will offer, will contribute to the viability of the tourist unit and, by extension, will benefit the local economy and solve specific problems in relation to development, respectively."
This project is included in an ongoing infringement procedure for the misapplication of Articles 6(3) and 7 of the Habitats Directive (92/43/EEC), as well as Article 4(4) of the Birds Directive (2009/147/EC), as it was not subject to an Appropriate Assessment. In the context of this infringement procedure, the Commission forwarded a letter of formal notice to the authorities of the Republic of Cyprus on 27/11/2019.
Furthermore, it contradicts the priority actions for the conservation of nature and biodiversity set by the Commission's Directorate-General for the Environment through the "EU Environmental Policy Implementation Review in Cyprus", and leaves the Republic of Cyprus exposed.
Raises issues of possible abuse of power
The prescribed scandal was noticed by the Audit Office that called on the Department of Town Planning and the Department of Environment to remedy and not issue the planning permission, warning that the issue of possible abuse of power arises and otherwise will make a complaint to both the Commission and the Anti-Corruption Authority.
According to information provided by "F", the Audit Office, in its letter to the Department of Town Planning and the Department of Environment, underlined that any granting of planning permission in derogation of the provisions of the "Local Plan of the Free Province of Famagusta" and the subsequent legalization of the two additional floors already erected in the MTA, constitutes a violation of essential and legally binding terms of the "Special Ecological Assessment Report on the Cumulative Effects of Existing, Proposed and Future projects, in the area of the Natura 2000 SPA Network area Agia Thekla – Liopetri", which was published in June 2021. According to this Special Ecological Assessment Report, the existing and proposed projects in the wider area of the Natura 2000 SPA Network Agia Thekla – Liopetri include, among others, the MTA under the name Sun City Spa Resort & Residences, which is "under completion".
As stated: "For this project, an opinion has been issued based on article 15 of the Environmental Impact Assessment by Certain Projects Law, on 29/11/2016, a planning permit has been granted, part of the project has been completed while most of the project is in the final stage of construction. The project includes a 5-star hotel with six floors and a capacity of 406 beds, a block of 44 one-bedroom apartments and a complex with 11 three-bedroom villas. One piece of the project's location practically abuts the boundaries of the protected area. Floors have been added to the project, making the unit partially up to eight floors without informing the Environmental Authority and without falling under the provisions of the planning permission that has been granted". Based on the cumulative impact assessment, the most significant pressures on the protected area, among others, include "exceeding development coefficients related to examined and under completion projects in the area and specifically concern hotel units with at least twice the number of floors allowed under the provisions of the Development Plans. In addition, in case of a project under completion, floors have been added without falling under the provisions of the relevant planning permission"
BACKSTAGE
One way to revoke the decision
Since no planning permit has been issued to date, the Council of Ministers must immediately proceed to the revocation of its decision and comply with the conditions set by the Environmental Authority, which for a strange reason were ignored by SYMEPA. It is clear from the decision that the legally binding conditions set by the Environmental Authority in the Special Ecological Assessment Report were not taken into account. Obviously they did not need to be told the right path by the Auditor General, but all the necessary measures had to be taken to prevent any derogation for this development from being granted. We expect those who contributed to the wrong decision to take responsibility for their wrong decisions.
