Filenews 4 August 2024 - by Angelos Nicolaou
Rejection of a unilateral application by the Metropolis of Constance and Famagusta by the Administrative Court for suspension of the execution of an Enforcement Notice
On July 25, 2024, the Administrative Court issued an interim decision, rejecting a unilateral application by the Metropolis of Constantia and Famagusta to suspend the execution of a relevant Enforcement Notice for the demolition of the monastery illegally being built at Cape Greco.
The illegal construction of a monastery by the Metropolis of Constantia and Famagusta takes place in the area of Maseri tou Koukos, within the administrative boundaries of the Municipality of Ayia Napa, on a piece of ecclesiastical land, which falls within the Urban Planning Zone of Nature Protection and Urban Planning Status of the Coast and Nature Protection Area. The piece of ecclesiastical land is enclosed on state forest land, within the Ayia Napa State Forest and Cape Greco National Forest Park. In addition, it falls within two protected areas of the Natura 2000 Network, the Special Area of Conservation for natural habitats, as well as wild flora and fauna, and the Special Protection Area for wild birds.
In a letter to the Director of the Department of Town Planning and Housing, dated May 30, 2024, the Department of Environment of the Ministry of Agriculture, Rural Development and Environment, set the final conditions for the demolition of the illegal building, which must be observed to minimize the impact on bird fauna.
On 10 June 2024, the Famagusta District Officer of the Department of Town Planning and Housing sent a letter to the Metropolis of Constantia and Famagusta, notifying them of the said "Terms of Demolition and Management of Waste from Construction and Demolition", as notified by letter dated 30 May 2024 of the Department of Environment and in view of the condition for minimizing impacts, particularly in avifauna, by amending the original Enforcement Notice, dated March 28, 2024, so that all interventions and constructions on the ecclesiastical piece of land are lifted within the period between July 1, 2024 and August 31, 2024.
The Administrative Court rejected the unilateral application of the Metropolis of Constance and Famagusta for suspension of the execution of the Notice of Imposition dated June 10, 2024 for the demolition of the monastery illegally erected in Cape Greco, noting emphatically that "the time frame of the existence of the building, the stage of its execution, its non-use and operation in a way that refers to a good worthy of protection and its construction, without permission and within a protected area, it is all (and every) facts that distance me from accepting the arguments of the Metropolis of Constance and Famagusta.
The Administrative Court considers that "essentially, the issue" for the Metropolis of Constance and Famagusta, "in case of execution of the disputed demolition, which is required at this stage to be carried out by it, ultimately acquires only a dimension of economic value, which even if it were to succeed in its appeal, it could be compensated provided of course that the other conditions for this are met".
