In essence, the decision to cancel the Ayia Napa policy statement leaves property owners hanging, since today and after the decision of the Supreme Court, the urban zones that have been in force since 1990 are in force.
The background of the local plan, the appeals and the decisions
On 10/9/2004 the first Local Plan of Ayia Napa was published, to replace the Policy Statement that was valid from 1/12/1990. Following the procedure provided by the Law on Urban Planning and Spatial Planning (article 18 of Law 90/72) on 24/4/2008, with a publication in the Official Gazette of the Republic, the said Local Plan of Ayia Napa was finalized.
Following an Appeal against the Ayia Napa Local Plan, the Supreme Court issued a decision to cancel the Ayia Napa Local Plan on 5/10/2011.
Nine days after the cancellation of the Ayia Napa Local Plan, ie on 14/10/2011, the Minister of Interior effectively restored the canceled Ayia Napa Local Plan as a Policy Statement, after the Ayia Napa Policy Statement was published in the Official Gazette of the Republic. had exactly the same provisions as the canceled Ayia Napa Local Plan.
According to the lawyer Michalis A. Deilinos who handled the case, since the Ayia Napa Local Plan disappeared with the decision of the Supreme Court dated 5/10/2011, the Minister of Interior had to reconsider the urban planning of Ayia Napa, based on the real and legal status that was in force, before the publication of the first Ayia Napa Local Plan, 10/9/2004 and not to restore the same provisions of the Ayia Napa Local Plan that was annulled by the Supreme Court, as a Policy Statement.
“After the abolition of the Ayia Napa Local Plan with the decision of the Supreme Court on 5/10/2011, did not mean, of course, that the Minister could now act as he saw fit by applying a Policy Statement because there was, as a matter of fact, the elaboration of a Local Plan, even if it was canceled. A Policy Statement could have been prepared for an area including the Municipality, for which no Local Plan had been prepared before ”.
In his statements to SigmaLive, Mr. Deilinos pointed out that the correct way of urban planning, after the cancellation of the Ayia Napa Local Plan, would be the elaboration of a new Local Plan, after the Joint Council was formed again and the rule was followed. procedure. In this way the annulment decision of the Supreme Court would be taken into account.
Source: Liberal