THE WAR FOR THE LEGALIZATION OF THE MONASTERY IN CAPE GRECO CONTINUES - FROM THE COURTS AND THE DEMOLITION DECREES TO THE COUNCIL OF DEROGATIONS - Filenews 21/8 by Angelos Nikolaou
The war that broke out two and a half years ago around the illegal construction of the Holy Monastery of Saints Ephraim and Catherine, in the heart of the Natura 2000 protected area in Cape Greco, is underway. Despite the final court decisions, the rejections of applications and the demolition decrees, the Holy Metropolis of Constantia and Famagusta continues the campaign of a posteriori legalization of arbitrariness, now transferring the battlefield to the Council for the Study of Deviations (SYMEPA).
SYMEPA. addressed a request to the Department of Environment, which through an e-mail dated . 15/07/2026, requested and gathered the positions of the members of the competent ad hoc Committee for the Special Ecological Assessment (EOA), in order to form its final opinion.
The positions of the members of the ad hoc Committee are divided. On the one hand, the state services (Department of Forests and the Game Service) give the green light under conditions, and on the other hand, environmental organizations (Birdlife and Terra Cypria) warn of a dangerous bad precedent, demanding the rejection of the application and the lifting of all illegal interventions and constructions.
In essence, the members of the Ad-hoc Committee representing the environmental organizations argue that the Environmental Authority cannot proceed with the revocation of the conditions for the demolition of the proposed project and the restoration of the environmental damage, through the issuance of a positive EDA report and the imposition of compensatory measures (e.g. planting of new trees, installation of artificial nests for bees, birds and bats, creation of a rock garden and a seasonal pond, etc.), due to the implementation of unsustainable agricultural practices, the arbitrary carrying out of earthworks and the illegal construction of building facilities.
The Department of Environment is called upon to draw up its final position, which will largely determine the final decision of SYMEPA. for the future of arbitrary construction.
It is noted that the Holy Metropolis of Constantia and Famagusta submitted on 28/05/2024 an appeal to the Administrative Court against the Republic of Cyprus, through the Minister of the Interior, the Department of Environment of the Ministry of Agriculture, Rural Development and Environment, as well as the District Office of Famagusta of the Department of Town Planning and Housing of the Ministry.
At the same time, the Holy Metropolis submitted an interim application for the suspension of the execution of the measures mentioned:
• The Notice of Enforcement served by the Famagusta District Office of the Department of Town Planning and Housing on 28/03/2024, for the immediate termination of all works and the removal of all illegal interventions and constructions on the plot within 15 days.
• The letter of the Department of Environment, dated 29/03/2024, for the submission of a Demolition Plan by 03/04/2024 and a Restoration Plan within a reasonable period of time.
• The letter of the Director General of the Ministry of Interior, dated 02/05/2024, for the rejection of the Hierarchical Appeal.
• In the letter of the Famagusta District Office of the Department of Urban Planning and Housing to the Holy Metropolis of Constantia and Famagusta, dated 14/05/2024, for the rejection of the application for granting a planning permit by derogation and the removal of all illegal interventions and constructions on the plot within a period of 15 days.
On 25/07/2024, the Interim Decision of the Administrative Court of Cyprus was issued, according to which the Holy Metropolis of Constantia and Famagusta failed to establish manifest illegality and/or irreparable damage. Therefore, the interim application for the suspension of the notice of imposition dated 28/03/2024, the cancellation of the demolition and restoration conditions dated 29/03/2024, the rejection of the hierarchical appeal dated 02/05/2024, as well as the revocation of the rejection of the application for granting a planning permit by derogation and the imposition of demolition and restoration conditions, dated 14/05/2024 were rejected.
Yes from the Department of Forests and the Hunting Service
The state authorities appear positive in the application of the Holy Metropolis of Constantia Famagusta for the granting of a planning permit in derogation of the provisions of the Local Plan in the Municipality of Ayia Napa.
The Department of Forests in a letter to SYMEPA. Date. 10/03/2026, declares that it has no objection to the implementation of the project, which includes a monastery and a hostel for victims of abuse. It argues that the area has been burdened by unsustainable agricultural practices and that the project will enhance biodiversity through the planting of 2,000 trees, the installation of artificial nests for birds, bees and bats, the creation of a rock garden and a seasonal pond, as well as watering troughs to enhance the presence and reproductive activity of these species in the area.
The Game and Fauna Service with a letter dated . 21/07/2026 is positioned positively provided that 17 strict conditions are met. These include the non-widening or asphalting of the road network, the exclusive organic farming, the prohibition of future extensions, the restriction of night lighting, as well as the adoption of measures to prevent the presence of cats in the area. For electricity purposes, it notes that this will be done exclusively either with an underground network or with a small autonomous photovoltaic system. He also emphasizes that an autonomous system for the treatment of gray water and wastewater will be installed.
Environmental organizations are strongly negative
BirdLife Cyprus (BirdLife Cyprus) characterizes as unacceptable the attempt to legalize arbitrary interventions a posteriori, stressing that the Special Ecological Assessment Study (SAEA) underestimates the bird fauna. While the study recorded only 27 species, the agency's data shows over 160 species of birds in the area. At the same time, it rejects the JTC's claim that the project is 'directly linked to or necessary' for the management of the Natura 2000 site.
Birdlife considers that the measures proposed in the Study are mainly management and/or ecological support measures and cannot in themselves substantiate that the proposed project will not have a negative impact on the conservation objectives and the integrity of Natura 2000 sites.
Terra Cypria – the Cyprus Environmental Protection Foundation highlights the rich case law of the Court of Justice of the European Union (CJEU), according to which environmental assessments must be carried out in advance (ex-ante) and not ex post (ex-post) to legitimize fait accompli.
In addition, it invokes the Interim Decision of the Administrative Court of Cyprus (25/07/2024), which rejected the Metropolis' application for the suspension of the Enforcement Notice and the demolition orders, stressing that the Environmental Authority is not entitled to annul these decisions.
Furthermore, Terra Cypria notes that the imposition of a substantial restriction on the conduct of a Due Assessment (EDA) in the absence of specific conservation objectives and appropriate management measures for the potentially affected areas of the Natura 2000 network, as well as the rejection of the proposed limitation of the temporal effects of a recent CJEU decision dated. 16/07/2026.
