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Arbitrary: Do mayors react to property settlement arrangements –

New “alliance” of mayors in Attica it seems to be starting, this time for the vagrants of the Athenian Riviera.

This is the second common front, after the battle they are fighting for the heights of the buildings, the outcome of which is currently being decided by the Council of State.

The arbitrary on the beaches

The new common point of contention is the beaches free from arbitrariness, with the mayors of Alimos and Athens denouncing strategies to “regulate” urban planning illegalities on public properties. In fact, the mayor of Alimos, Mr. Andreas Kondylis, who had also led the … rebel for the building “bonuses” of the New Building Regulation (NOK), is also leading this fight, speaking of “scandalous legislation of the Ministry of Environment and Energy ( Ministry of Health) which “legitimizes” shops of health interest (beach bars, etc.) on the seafront”. For his part, the mayor of Athens, Mr. Haris Doukas, referring to the relevant provisions, denounces the legalization of arbitrary buildings along the beach front of the Athenian Riviera, in derogation of all legislation.

The arrangements that caused the reactions

The uproar was caused by two regulations that attempt to legalize illegal activities on the beach and in particular articles 69 and 70 of the Ministry of the Interior bill which is being debated these days in the Parliament. The first, according to the explanatory report, corrects an error in the Presidential Decree 1/5.3.2004 (D’ 254) on defining protection zones, land uses and building conditions and restrictions in the coastal zone of Attica (from Faliriko Ormos to Agia Marina Kropias), as in the diagram at the time of its entry into force, i.e. in 2004, there were no existing tourist facilities located on State properties, including the properties of the State Property Company (ETAD). For them it is provided that they can be maintained.

Arbitrary State

As for article 70, it refers to “adjustments” of real estate constructions of public interest. More specifically, it concerns special cases and provides that if part of a building within real estate owned by the State by a percentage greater than 50% and managed by ETAD or public enterprises, in which the State owns the whole or more than 51%, as well as within properties that are or will come into the ownership of ETAD, and are located within the seafront or old seafront. In these cases, the imposition of sanctions may be suspended and they may be arbitrarily exempted from demolition by paying the fee corresponding to their surface area and the uniform special fine. A condition that there is a positive opinion of the Central Council of Urban Planning Issues and Disputes (KESYPOTHA) regarding the technical impossibility of their demolition, after submission of a relevant technical engineer’s report.

As pointed out in the explanatory report of the Ministry of Foreign Affairs, “taking into account the particularity of single buildings with functional and static dependence, where there is an impossibility of partially demolishing them, a special regulation is introduced for those cases concerning properties that belong to the public property, the utilization of which serves, through the revenues generated from them, purposes of public interest”.

What does the mayor of Alimos support?

According to the interpretation of the proposed regulations given by Mr. Kondylis, “for the first time in Greece, an opportunity is being created in favor of ETAD properties to arrange arbitrary constructions inside the seafront for bars, cafes and other shops of health interest, something that until now explicitly was forbidden”. As he reports in the “Economic Post”, on the Alimos coastline at least three very large properties have, cumulatively, more than 3,000 square meters (sq. m) of arbitrary constructions on the beach, the beach and the old beach that had been tried to be regularized but, as he emphasizes , the town planning of the Municipality of Alimos canceled them.

As Mr. Kondylis points out, the current legislation expressly excludes from the regularization health shops located on State properties. “Only exceptionally does the legislation allow it for reasons of public interest”, explains the mayor of Alimos. And he adds: “These arbitrary constructions have been erected anarchically, without permission, by companies that, in addition to the lease they had, also encroached on public property. For example, a lease that was for 700 square meters, today the facilities have reached 2,700 square meters. That is, we have an additional 2 acres of arbitrary constructions – concrete pavements, buildings, shelters, outdoor bars. We have started for 2, 3 years a big effort to demolish and a provision of the law is coming to preserve them in perpetuity”.

In fact, Mr. Kondylis, referring to PD 254/2004, points out that for the specific part of Alimos beach, it specifies that two refreshment stands can be built up to 300 square meters each. “If the law is passed, we will have shops, refreshment bars, restaurants, one of which will be 2,500 square meters and the other 1,400 square meters,” he notes, adding that a company had rented 26 square meters for a canteen and has expanded with permanent constructions of 800 square meters on the seafront for which there is a demolition protocol from the State Real Estate Service. The mayor of Alimos warns that he will appeal to the Justice and will attack any arbitrary “settlement” that they will try to do on the seashore and beach of Alimos.

Source: ot.gr

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