Land use Planning System in Cyprus-

Planning around Seveso II establishments

and

planning of new establishments

24, September 2012

George Hadjimichael, Senior Town Planning Officer

Town Planning and Housing Department

General overview

of Cyprus Planning System

The Town and Country Planning Law was enacted on the 1st of December 1990. Since then the legal framework was enriched various times. It includes:

� The basic Law N90/1972 and relevant amendments

� Regulations (according to article 86 of the Law), concerning fees for planning permits, compensations, notifications of development intentions etc

� General Development Orders (according to article 22 of the Law), concerning e.g. � General Development Orders (according to article 22 of the Law), concerning e.g. categorization of land uses and uses which do not need a planning permit etc

� Special Development Orders (according to article 22 of the Law), concerning e.g. state industrial areas, state animal- husbandry areas, residential development on plots

� Ministerial Orders (according to articles 5 and 17 of the Law), concerning e.g. the allocation of Planning Authorities

� Ministerial Orders (according to article 6 of the Law), concerning planning or regulatory provisions e.g. : adequate access, height of buildings, plot ratios and coverage proportions, installations concerning renewable energy sources, student hostels etc.

� Ministerial Directives, Guidelines, Clarifications etc.

Types of Development Plans

according to Town and Country Planning Law:

• Island Plan , under the jurisdiction of the Minister of Finance; never prepared)

Countryside Policy or Statement Policy for the Countryside, which is a rather general and Countryside, which is a rather general and regulatory framework

• Local Plans or Master Plans, 9 Plans have been established by now. Another 8 are under preparation

• Area Schemes. Only 2 approved. Another 2 are under preparation

9 areas are covered by statutory Local Plans

and 8 others are under preparation

8

New types of Development Plans

to be adopted in the future

• Island Plan (under the dual-responsibility of the

Minister of Finance and the Minister of Interior)

• Regional and sub-regional Plans

• Actions plans

Basic steps for the preparation or revision (every 5-7 years)

of Development Plans

1. Period for the submission of ideas/proposals by the Local Authorities/the public

or any other interested party (article 12C of Town and Planning Law)

2. In the case of the revision of a Development Plan the first step concerns the publication of the ¨Revision Statement¨ by the Ministry of the Interior and in the

case of new plans the approval of the “Report for the Preparation of the specific case of new plans the approval of the “Report for the Preparation of the specific

Development Plan” by the Town Planning Board

3. Municipal or communal meetings (according to the procedures decided by the

MOI)

4. Public hearing (according to article 12D)

5. Preparatory work by the Common Council (articles12A and 12B) and

submission of Suggestions Report to the Planning Board

6. Procedures of Town Planning Board (due to allocation of responsibilities, article

17) (this is where the actual work is taking place and proposal are formulated)

7. Strategic Environmental Appraisal (SEA) (the whole process includes public consultation period)

8. Possible modifications of the Plan and promotion of the final proposals to the Ministry of the Interior

9. 1st Publication of the Development Plan, by the Ministry of the Interior Interior

10. Objection period (4 months according to article 18.5)

11. Examination of objections (in14 months, after the objection period, article 18.6) by the Minister of Interior who is supported by an Ad-hoc advisory Committees and

12. 2nd Publication of the Development Plan, after the approval of revised plans by the Ministerial Board

13. Lawsuit to the Supreme Court by any person or body having direct interest or affected by the approved Development Plans

Diagrammatic procedure concerning

the Revision / Preparation of Development Plans

Design planning principles / parameters / pillars

• According to article 11 of the Town and Planning Law, the purpose e.g. of the Local Plans is ¨to achieve methodical development for the benefit of the well being, health amenities ….etc ¨of the public and

• According to good planning practices and EU guidelines or other principles and parameters (which can be derived by the various Papers (White, Green) , Programs, Conventions, Declarations (like the Leipzig Charter, the Toledo Declaration, etc) which constitute a sort of Urban Acquis,

it can be mentioned that the basic planning principles, have been advanced over it can be mentioned that the basic planning principles, have been advanced over the years. Thus one can acknowledge the following three basic approaches :

1. Rational development (1 pillar model)

2. Sustainable development (3 pillars model concerning : social, economic, environmental development. It focuses on: the protection of the environment, exploitation of existing infrastructure, adaptation to carrying capacity of the area, reservation of some space for future generations to decide) and

3. Territorial cohesion (4 pillar model concerning : social, economic, environmental development and governance. It focuses on: balanced development, democratic governance, protection of the environment, improvement of the competiveness, local development and geographical specificities)

Limassol Local Plan - Land uses

Limassol Local Plan - Town planning zones

Industrial

zones

for

troublesome troublesome

industries

(category A)

The last statutory revisions

• For the first time ever, since 1990, specific provisions concerning major accidents related to dangerous substances were introduced in the new Local Plans of 2011

• The provisions refer to the EU directives 96/82/EU and 2003/105/EK as well as the Town and Country Planning relevant regulations 759/2003 and 399/2008

• There are also references about: the existing Seveso II • There are also references about: the existing Seveso II premises (which have been included in the Environmental hazard map), new Seveso II premises, as well as other new developments (adjacent to Seveso II premises)

• As far as new developments around Seveso II are concerned the new Local Plans provide indicative distances (see Table below) according to which the competent Planning Authorities have to carry out consultations with the Labour Inspection Department

Indicative distances around Seveso II premises

specifying the area for consultations with the

Labour Inspection Department

Environmental hazard map of Limassol Local Plan

Environmental issues/Area of

interest

Threats/Hazards

* 1 Germasogeia aquifer Premises erected without planning and/or building permits (illegal construction)

* 2 Planning Zone T3b at Pyrgos Community(tourist establishments are permitted)

Establishments where dangerous substances

are present in quantities equal to or in excess

of the quantities listed in Annex I, Parts 1 and

2, column 2 with the exception of Articles 9,

11 and 13 (Moni Power Station)

* 3 River/stream catchment area Floods

* 4 Akrotiri Salt Lake Fertilizers

* 5 Alley in Fasouri (Tserkez Tsiflik

Community)

Road widening

* 6 Coastal front (area between Port and Shipyard)

Water pollution

Vulnerable areas around 2 Seveso II premises

in Pyrgos community area

Larnaca

Local Plan

Land uses

Larnaca

Local Plan

Town

planning

zones

West part of Larnaca Local Plan. Industrial zone

for troublesome industries (category A)

Environmental

hazard map of

Larnaca Local Plan

Major accident scenarios as

being considered in the

establishments safety reports

Geohazards (soil instability)

Vulnerable

areas

around 8

Seveso II

premises in

Larnaca

municipality

Responsibilities of basic competent Authorities

involved in the issue of permits

concerning Seveso II premises

� Town Planning and Housing Department:

Planning permits

� Department of Environment:

Environmental Impact Assessment (EIA)

Permits concerning the disposal of solid and liquid wastes (if needed) Permits concerning the disposal of solid and liquid wastes (if needed)

� Labour Inspection Department:

Internal safety plans

Permits concerning the disposal of gas wastes (if needed)

� Civil Defense:

External safety plans

� Building Authorities:

Building permits

Parameters taken into account

for planning new Seveso II establishments

� Statutory provisions of the existing Development Plan, like land uses, planning zones (e.g heavy industrial zones) est.

� Opinion of consultation Bodies and especially the basic competent Authorities (like the Labour Inspection competent Authorities (like the Labour Inspection Department and the Department of the Environment, and the Local Authorities)

� Public opinion since Seveso II premises have to be made public (before issuing the relevant permits) through announcements in local newspapers

� Other substantial parameters (according to article 26(1) of the Planning Law)

Parameters taken into account

for planning new developments

around existing Seveso II establishments

� Statutory provisions of the existing Development Plan, like land uses, planning zones, major hazard risks maps est.

� Opinion of consultation Bodies and especially the basic competent Authorities (like the Labour Inspection Department which decided to apply new placing criteria Department which decided to apply new placing criteria concerning: impacts on people and buildings in relation to the distances from the Seveso II premises, type of developments, sensitivity level of developments etc)

� Public opinion in cases the requested development has to be published according to Planning regulations

� Other substantial parameters (according to article 26(1) of the Planning Law)

Thank you for your attention Thank you for your attention