PRESS RELEASE
NBC – decisive decision of the CoS for the country’s environment
It was with deep relief that we were informed of the decision of the Plenary of the Council of State (CoS) on the so-called bonuses (in height and building factor) of the New Building Code (N.B.C), a decision which leads to the protection of the remaining natural and residential environment of our country’s cities.
This was preceded by the decision of the Municipalities of the Basin, which suspended the granting of building permits in areas where special provisions in force, with which the maximum heights of buildings are determined by area, as long as these heights are less than the maximum limits of the N.B.C, in an effort to prevent the degradation of the urban environment and the deterioration of the quality of life of the residents of their municipalities. They had also been preceded by ELLET’s landmark victories in the S.T.C. (S.T.C. 2102/2019, 2103/2019, 705/2020 and 706/2020) with the then C.O.S. President the current P.T.D. These decisions paved the way for the definitive protection of the urban, cultural and residential environment, not only of the centre of Athens, but also of the entire Athens Basin and all the cities and settlements of the country.
With the decision of the C.T.E. it is now clear and indisputable that the N.B.C does not apply in cases in which specific building conditions have been defined for areas or settlements by special decrees prior to the N.B.C Nor does it apply to ‘traditional parts of towns’, with the traditional part of Kifissia being a typical example.
It should be further noted that :
• no European city applies horizontal height regulation, as heights are set per area, street or block, according to a planning study.
• it is a tragedy for the environment of our cities that the demolition of old buildings is being subsidised with a 25% increase in the urban renewal rate and that, as a consequence, buildings that should be declared listed or de-listed are being demolished, while at the same time hundreds of tall trees are being cut down.
• it is absurd, under the pretext of energy upgrading, to build taller buildings, which in practice degrade their immediate environment in terms of ventilation, sunlight and pollution trapping at lower levels.
• the intention of energy upgrading is not compatible with the possibility of fully covering the plots with basements, when scientists recommend dismantling hard surfaces and replacing them with soft surfaces that will absorb rainwater.
We expect the Ministry of Environment to act swiftly:
1. To send a circular/instruction to all the Municipalities, in order to prevent the issuance of new licenses against N.B.C, where there are special decrees, in compliance with the terms of the Council Decision.
2. Order an immediate inspection to verify the buildings whose construction has actually begun, in order to prevent the terms of the decision from being circumvented by any hasty action by developers.
3. Request the re-inspection of all permits issued in the parts of cities that have been designated “traditional”.
We make no secret of the fact that we find yesterday’s statements by the Minister of Environment and Energy worrying. They give the impression that in the TSPs and EIAs under preparation, instead of purely scientific criteria, the already expressed will of the Ministry of the Environment to provide incentives similar to the N.B.C or to cover building investments that are planned but whose construction has not yet begun, may prevail.
ELLET, faithful to its history and values and in the context of its efforts, for more than 50 years, for the Environment and Culture, had stood in solidarity with the Mayors who dared to suspend the issuance of building permits, which were issued in violation of the established case law of the Council of Cyprus, regarding the interpretation of Article 24 of the Constitution, and calls on the Ministry of Environment to comply with this jurisprudence without delay, thus preserving the natural and residential environment and the quality of life in our cities.