Filenews 29 March 2024
The Holy Metropolis of Constantia and Famagusta started illegally building a monastery within the protected area of Cape Greco, at the same time as it received a negative answer to a preliminary question about the possibility of applying for a planning application by derogation in the same protected area, in the same planning zone and in the same defined land use. In both cases, the pieces of church land are enclosed on state forest land, within the Cape Greco National Forest Park.
Even worse is that after starting the illegal construction of a monastery on another plot, when the illegality was found by the competent authorities, the Metropolis of Constantia and Famagusta notified its intention to submit an application to the Famagusta District Office of the Department of Town Planning and Housing for the granting of a planning and building permit, in derogation from the provisions of the Ayia Napa Policy Statement. This application was finally submitted, three days after the submission of the complaint, on 20/3/2024 accompanied by an environmental study and concerns a plot in the location "Maseri tou Cuckoo", in the central part of the protected area of Cape Greco. Application No. AMX/112/2024, submitted as the monastery of Saint Ephraim and Saint Catherine.
It is noted that on 13/2/2024 an application for preliminary opinions was submitted to the Famagusta District Office of the Department of Town Planning and Housing by the Metropolis of Constantia and Famagusta (AMX/P6/2024) on another plot in the location "Maseri tou Kavos", at the southeastern edge of the protected area of Cape Greco. In the context of that application, the Famagusta District Officer of the Department of Town Planning and Housing sent negative preliminary views to the Metropolis of Constance and Famagusta.
Specifically, the plot for which the request was submitted to secure preliminary views is located in the area of the Ayia Napa Municipality, where the provisions of the Ayia Napa Policy Statement (2017) apply. According to Plans 2 (Land Use) and 3 (Urban Zones) of the Ayia Napa Policy Statement, the plot is located on a designated Coast and Nature Protection Area and is included in Protection Zone Da1, respectively. Furthermore, this is included in the protected areas of the Natura 2000 Network, Special Area of Conservation and Special Protection Area of Cape Greco, while, at the same time, it is enclosed in state forest land and in the National Forest Park of Cape Greco.
According to the provisions of paragraphs 10.4.2 and 10.4.3 (Coasts and Nature Protection Areas) of Chapter 10 (Environment and Special Directions for Environmental Integration of Buildings) of the Ayia Napa Policy Statement, absolute protection is required on the Coasts and Nature Protection Areas and no development will be allowed. Even traditional work in agriculture and forestry must not affect the balance of local ecosystems or the morphology and physiognomy of the area.
In reply date. 28/2/2024 addressed to Metropolitan Basil of Constantia, the Famagusta District Office of the Department of Town Planning and Housing, states that in case of an application to obtain planning permission on the plot for the construction/creation of developments, the Planning Authority will not treat it positively.
Subsequently, on 13/3/2024, a notification was published in a daily newspaper of the intention to apply for planning permission in derogation from the provisions of the Ayia Napa Policy Statement for the construction of a monastery of Agios Ephraim and Agios Aikaterini, on a plot in the location "Maseri tou Koukou", in the central part of the protected area of Cape Greco.
On 17/3/2024, a complaint was submitted to the Minister of Agriculture, Rural Development and Environment for the arbitrary carrying out of earthworks and the illegal construction of building facilities, with the aim of constructing a monastery, on a plot in the location "Maseri tou Koukou", in the central part of the protected area of Cape Greco. The complaint notes, inter alia, that the illegal conduct of construction works constitutes an act of trivialization and discrediting of the fundamental principles of legality, the rule of law and good administration. Therefore, the Ministry of Agriculture was called upon to ensure the correct, adequate and timely implementation of existing environmental legislation.
Arbitrary earthworks and illegal construction work
On 20/3/2024, an application was submitted for the granting of a planning application by way of derogation, with no. AMX/112/2024, for the construction of the monastery of St. Ephraim and St. Catherine on a plot in the location "Maseri tou Koukos", in the central part of the protected area of Cape Greco.
On 20/3/2024, a relevant publication was also posted at the Ayia Napa Town Hall and in the area where the monastery is illegally being built, regarding the intention to apply for a planning permit in derogation from the provisions of the Ayia Napa Policy Statement.
At the same time, on 20/3/2024, the Metropolitan of Constantia and Famagusta sent a letter to the President of the Council for the Study of Derogations, to which are attached the construction plans accompanying the application for planning permission in derogation from the provisions of the Ayia Napa Policy Statement. Essentially, Metropolitan Basil says that he wants the nunnery to be moved from the tourist area where it is located, to a quiet place near Ayia Napa, where nuns can live and perform their religious duties.
On 27/3/2024, the Famagusta District Office of the Department of Town Planning and Housing issued an enforcement notice for the immediate termination of illegal works.
It is noted that, according to a decision of the Administrative Court of Cyprus, dated 4/12/2019, in case no. 1402/2015, "Holy Monastery of Kykkos v. Republic of Cyprus", the following is mentioned in an identical court case: "The applicant is not entitled to even raise allegations about the illegal act in which she herself participated and with her conduct accepted as included in urban planning law and requested, then contradictorily, a derogation from it, since such an attitude fulfils the content of the parallel approval and disapproval, which is not acceptable in administrative law'.
