SERIOUS GEOLOGICAL RISKS IN THE AREA OF STAVROVOUNI - THE AREA FACES LARGE-SCALE CRACKS AND LANDSLIDES - THE CONDITIONS SET IN THE MONASTERY - Filenews 25/10 by Angelos Nikolaou
A serious case of possible abuse of power, cover-up of errors and omissions of the public administration, but also inadequate monitoring of the operating conditions of an existing quarry and enforcement of the law, is brought to light today by the investigation of "F". The case concerns the attempt of the Holy Cenobitic Monastery of Stavrovouni to erect the Chapel of Panagia Oros Alatomito on a piece of ecclesiastical land, which is enclosed in the state forest of Efkali, near the state forest of Stavrovouni, within the administrative boundaries of the community of Pyrga in the province of Larnaca.
The official documents and the relevant correspondence, from 2020 until today, reveal how the Stavrovouni Monastery was forced, under a regime of administrative "coercion" and possible abuse of power, to sign terms of waiver of any claim or compensation, in order to be able to obtain a planning permit for the construction of a chapel, which after successive amendments concerns fencing, an agricultural warehouse and a monk's hermitage. Today, the area is facing large-scale cracks and landslides, confirming the concerns expressed by the Stavrovouni Monastery as early as 2020.
History of applications and permits
The story begins on 10/12/2020, when the Monastery of Stavrovouni submitted an application for a planning permit to the Larnaca District Office of the Department of Town Planning and Housing (TPO) for the construction of a small chapel.
In October 2022, an application for a building permit for an agricultural warehouse was submitted and while the application for planning permission for a chapel was under consultation, a building permit was issued by the Larnaca District Administration for an "agricultural warehouse and fencing", with an estimated value of €20,000
Following successive amendments to the application for planning permission for a chapel, in May 2023 an application for planning permission for a holy hermitage (monk's hermitage) was submitted, in the context of which the TPO issued a planning permit on 11/05/2023.
In March 2024, an application for a building permit was submitted and on 20/03/2024 a building permit was issued for a "holy hermitage (monk's hermitage)", with an estimated value of €100,000.
The role of the Mining and Quarrying Service
The most revealing element of the case lies in the attitude of the Mines and Quarries Service (YML), which did not take care of the protection of the piece of ecclesiastical land and the enforcement of the legislation, in the context of the violation of the terms of the privilege of an adjacent quarry and the relevant planning permit.On the contrary, with letters dated 31/08/2021 and 12/01/2022, the YML expressed its strong opposition to the licensing of the Chapel of Panagia Oros Alatomomito. Specifically, he stated that the piece of ecclesiastical land is only 50 meters from an existing quarry zone and 100 meters from an adjacent active quarry. At the same time, he spoke of serious safety and nuisance risks, due to ground tremors from daily blasting, dust and noise, concluding that development "cannot coexist" with quarrying activity.
A few months later, with a new letter from the YML dated 28/06/2022, it suddenly withdrew the objections it had expressed, but setting as an essential condition for its consent the signing of a written agreement between the TPO and the Stavrovouni Monastery, based on article 43 of the Town and Country Planning Law. In order not to reject the application for a planning permit it had submitted, the Monastery was essentially forced to sign a relevant agreement with the TPO on 15/02/2023.
With this agreement, the Stavrovouni Monastery waives its rights, including any claim or compensation. In addition, the Monastery declares that it recognizes the inevitable nuisance (noise, vibrations, blasting, dust) and pledges that it "will not raise any claims" nor will it have "any claims, financial or otherwise, from the State" or the owner of the adjacent quarry for any damage to its property or the uninterrupted operation of the quarry. The monk is obliged to leave the hermitage daily (Monday to Saturday, from 10:00 a.m. to 12:30 p.m.) as well as 30 minutes before up to 1 hour after each emergency blast! The Monastery was forced to construct a solid retaining wall made of reinforced concrete (30 cm thick and 3 m high) and embankments to protect against a neighbouring firing range of the National Guard.
Essentially, the YML, which was already liable for errors and omissions regarding the monitoring of the operating conditions of a neighbouring quarry and the enforcement of the legislation, in the context of a possible abuse of power, imposed on the Stavrovouni Monastery its waiver of any right to compensation for damages, which began to be recorded on its property as early as 2020, due to the violation of the terms of the privilege of an adjacent quarry and the relevant planning permit.
Landslides, cracks and serious geohazards
Unfortunately, the development of the case vindicated those who warned about the cause of serious geological risks in the area. The creation of large terraces and steep slopes, the violation of the terms of the privilege of an adjacent quarry and the relevant planning permit, combined with the continuous explosions and tremors, as well as the special morphology of the ground, brought serious geohazards to the area, between the boundaries of a neighbouring active quarry, state forest land and a piece of ecclesiastical land.
Today, the area presents a picture of biblical destruction: large-scale landslides and cracks, which pose an immediate danger to the safety of monks and workers. Very serious damage to the soil, alteration of the topography, as well as significant degradation of the natural environment and landscape have been caused in the area. These effects confirm that the explosions and tremors in the area did not just cause "nuisance", but irreparable environmental damage and serious geological hazards.
The documents revealed today by "F" leave the competent authorities exposed and raise serious questions about the observance of the principles of legality, good administration and the rule of law.
The first cracks and slope stability studies
The minutes of the ministerial meetings and the terms of the quarry privilege
In recent years, the area of the Stavrovouni Monastery and the community of Pyrgai has been at the center of intense concerns. The issue of the stability of the slopes and the impact on the soil, the effects of the operation of an adjacent active quarry and the plans to expand the existing quarry zone, as well as the attempt of the Monastery to utilize its property for spiritual and religious purposes, highlight a very serious conflict of land use in the area.
The official documents and minutes of meetings at the Ministry of GAAP reveal the history of the violation of the legislation and the recognition of the problem, as well as the conduct of technical studies and the implementation of emergency measures, which have proven to be inadequate and ineffective.
The situation began to escalate dangerously when the first ground failures were observed. As stated in a series of letters from the Stavrovouni Monastery, which are accompanied by a systematic photographic depiction of the geohazards that arise in the area, as early as August 2019, the appearance and continuous widening of cracks in the ground was observed.
These cracks started from the area of the adjacent active quarry, spread within the state forest and reached the borders of the piece of ecclesiastical land. Now, cracks appear along the entire piece of ecclesiastical land, while the southern part of the plot is in immediate danger of slope landslides.
It is noted that mining and quarrying activities can cause landslides in mining and quarrying rubble and generally on artificial slopes. Although it is always important to take preventive measures to prevent the occurrence of landslides, instead of dealing with them afterwards, the YML did not take any measures before submitting relevant complaints from the Monastery.
The Stavrovouni Monastery, in successive letters to the competent authorities, emphasized as early as November 2020 that the landslide was probably caused by the removal of large quantities of debris ("exemplation") from the base of the eleventh floor of the front, in violation of the terms of operation of the adjacent quarry. The Monastery complained that the company was illegally continuing the quarrying operations and explosions in the area of failure, despite the verbal and written instructions to suspend, as a result of which the YML was forced on 04/09/2020 to request the issuance of a court order to convince the company to stop its operations.
On 28/07/2020, a meeting was held by the Minister of GAAP with representatives of the Monastery, in the presence of representatives of YML and the Department of Forests. The Minister of GAAP explicitly stated that the matter was investigated by YML and it became clear that "the quarry did not operate in the appropriate way", while noting that strict representations were made to the owner company. The Minister also underlined that "in no way will the plot of the Monastery be affected".
It was decided to give instructions to the company to assign to a specialized office the preparation of a Slope Stability Study, in order to determine the cause of the cracks and to propose stabilization measures.
The Monastery submitted a request for monitoring of the cracks, non-alteration of the surrounding area, construction of a chapel with the movement of a forest road, as well as the exchange of forest land for the utilization of an old hermitage and the construction of the Holy Cross on the top of the mountain.
In a letter to the Minister of GAAP, on 29/07/2020, the Monastery clarified that the proposed chapel will be fenced and will operate strictly during times when the quarry is not operating (Sundays, holidays, morning or evening hours), so that the faithful do not hear noises or explosions and there is no conflict with the operation of the quarry. Previously, with letters from the YML, dated 30/06/2020 and 07/07/2020, an on-site visit had been arranged and instructions had been given for a temporary cessation of work and the installation of embankments in the affected area.
On 05/11/2020, a special meeting was held at the Community Council of Pyrgai to examine the Slope Stability Study prepared on behalf of the quarry company.
The head of the YML revealed that, after an inspection, cracks were found inside and outside the quarry boundaries, as well as a failure/landslide on the last slope. For this reason, a Decree was issued, pursuant to article 40(2)(a) of the Regulation of Mines and Quarries Law, for the immediate closure of the terrace in question. According to the researchers, the landslide resulted from the removal of large amounts of debris from the foot of the forehead, which created a steep slope and tensile cracks.
The Department of Geological Survey (TGE) and the Department of Forests stressed that an accurate topographic mapping of cracks, property boundaries and forest land is required, preferring the method of unloading from above and loading (embankment) from below. The Community Council of Pyrgai and the Monastery of Stavrovouni noted that the study did not sufficiently take into account the dynamic stress from the frequent explosions, nor the impact on the adjacent private and ecclesiastical properties.
Abhorrent conditions at the expense of the Monastery
Almost two years later, on 03/05/2022, a new meeting was convened under the Minister of GAAP, with the participation of the Abbot of the Monastery, representatives of the competent authorities and the president of the Community Council of Pyrgai. A
The subject of the meeting was the request of the Monastery for the construction of a holy hermitage (monk's hermitage), which consists of a room with an area of about 30 sq.m. on a piece of ecclesiastical land and at a distance of only 100 meters from the quarry. During the examination of the relevant application for planning permission, there were strong disagreements. Specifically, the TGE and the YML, in letters dated 01/06/2021 and 12/01/2022, respectively, expressed their vertical disagreement, stressing that the presence of monks next to an active quarry where explosives are used creates very serious security risks and the risk of interruption of the quarry's operation.
Following a new meeting on 31/05/2022, in which the TGE, the YML and the Stavrovouni Monastery participated, the TGE and the YML, with letters dated 13/05/2022 and 28/06/2022, respectively, accepted the construction of a holy hermitage (monk's hermitage), but imposed draconian conditions on the Stavrovouni Monastery.
These terms explicitly and categorically provide for the waiver of the Monastery's waiver of any right to compensation for damages, which began to be recorded on its property, as early as 2020, due to the violation of the terms of the quarry privilege and the planning permit of an adjacent active quarry. Indirectly but clearly, the terms provide for the deletion of the environmental liability of the adjacent quarry due to the cause of serious environmental damage to the piece of ecclesiastical land and the wider area.
The quarry privilege
In the Category A Quarry Privilege, dated 30/08/2016 valid until 30/07/2021, which is included in an Environmental Impact Assessment Study prepared in December 2017, clear and strict conditions are set for the demarcation of the quarry, the restoration of the area, the payment of compensation and the imposition of sanctions, the implementation of which, however, was not ensured in the area by the YML:
Gradual configuration and restoration: The quarrying works must be carried out in accordance with the instructions of the YML and the configuration/restoration of the area must be carried out gradually during the validity of the quarry privilege, on the basis of an approved Environmental Management Study.
Safety and boundaries: It is forbidden to carry out work outside the boundaries or at a distance of less than 10 meters from them without consent, while the control of the fronts (maximum height 8 meters) and the careful unearthing of precarious volumes are required.
Compensation: As explicitly and unequivocally stated, "the licensee is obliged to compensate for any damages caused by quarrying operations, the transport of material or its processing".
Penalties and seizure of security: In case of violation of any term, judicial measures and the seizure of all or part of the deposited money/bank guarantee is provided for the restoration of the consequences.
