2024-06-11 18:15:54
In 2018, the Council of State accepted an enchantment by the Hellenic Society for Surroundings and Tradition (ELLET) and prevented the subdivision of land within the off-plan space of Linginos in Patmos. In 2023, a second determination of the Council of State adopted for a similar space, by which a constructing allow was canceled as a result of it didn’t have a “face” on a public avenue. For a couple of days now, the precise plot of land has been underneath building, with a brand new allow that was issued a couple of days in the past. This growth has brought about many reactions on the island, whereas ELLET is making ready to enchantment to the Justice Division once more. For his half, the architect who issued the allow maintains that different plots of land are being in-built the identical manner in Patmos, however with out correspondingly being “focused”.
The brand new constructing allow, in regards to the building of a two-story home of 150 sq.m. was issued on June 3 and some days in the past building work started. In accordance with info, for the issuance of the allow, an opinion of the Ministry of the Surroundings was used, issued for the same case in one other space of Patmos, in accordance with which the “face” of a plot on the seafront is taken into account equal to the “face” in a public space and subsequently it provides the best of buildability (with out there being a “face” on a public avenue). “For this explicit plot of land, a choice of the Council of Ministers has been issued, which states that it can’t be constructed on as a result of it doesn’t have a “face” on a public highway”, says Eleni Maistrou, professor emeritus of NTUA and president of the Architectural Heritage Council of ELLET. “It’s unusual how the Building Authority (YDOM) of Kalymnos issued a allow, realizing the earlier determination of the supreme annulment courtroom. ELLET submitted to YDOM a request to revoke the constructing allow, which we additionally communicated to the prosecutor.”
The architect who signed the allow, Dimitris Konstantinidis, considers that this particular case has been focused by ELLET. “What has occurred in Patmos is unacceptable. There are at the moment two extra permits on seashore plots in one other space of the island that are “blind”, and not using a face on a public highway. Many extra have been constructed in recent times. However ELLET doesn’t complain about them. I’m satisfied that there’s private empathy in direction of me,” he says to “Ok”.
“The sufferer of the case is the proprietor of the plot, who allotted a big quantity to purchase a plot with a constructing allow and is subsequently prevented from making use of his property.” Mr. Konstantinidis estimates that the choice of the Council of Ministers in 2023 “was tragic, as a result of it makes an attempt to interpret the 1985 decree on off-plan building in a distorted and incorrect manner.”
The choice of the Plenary (176/2023) considerably influenced developments in city planning issues within the final two years. And it is because the CoE didn’t merely repeat that the areas outdoors the plan aren’t meant for building besides exceptionally and underneath strict circumstances. But it surely went a step additional because the citizen invoked the ideas of protected belief and authorized certainty as a result of he purchased the land in 2015 with planning permission in place. “The rule (s.s. on constructing circumstances in non-planned areas), along with having to be recognized to the city planning authorities, was additionally predictable for diligent consumers and merchants on the whole,” stated the choice, noting that the rule has been in pressure since 1985 and the jurisprudence dates again to 2010.
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George Lialias