The urban planning conundrum
The Supreme Court in France recently made an interesting ruling in a case which could have similarities to some cases in Cyprus. Buyers of properties in rural areas coming from cities took legal action against the local authority over noise an
The Supreme Court in France recently made an interesting ruling in a case which could have similarities to some cases in Cyprus. Buyers of properties in rural areas coming from cities took legal action against the local authority over noise and odours from animals, which locals kept in their yards, saying they were causing a nuisance and uncomfortable living situation.Â
After a long legal battle, the case ended up in the country’s highest court. The court ruled that in rural communities, nuisance of this kind is well known and should have been expected by newcomers, and so it ruled in favour of the local authority.
There are rural areas in Cyprus where there are similar issues regarding animals and nuisance. In addition to this, we also have the various religious services are broadcasted via loudspeakers with no oversight, while other activities that can cause a nuisance include the Easter bonfire or lambratzia, fireworks and non-stop use of bells.Â
The traditions associate with religion are a sensitive issue embedded in our culture, while the existence of animals within residential areas has been regulated to some extent by Cypriot legislation that determines the species and number of animals allowed.
The decision of the French court, on the grounds that the nuisance existed prior to the new neighbours, brings to mind the current situation in Cyprus regarding nuisance industries next to residential areas. In these cases, the industrial areas existed before the adjacent residential development. However, the nuisance industry bears the burden of moving or reducing the nuisance, even if the nuisance existed for years. The businesses usually end up moving and are compensated by the state.
The problem is created by urban planning. Locals and local authorities are constantly pushing for the redesignation of mainly agricultural zones into development zones (including industrial ones) and in the end the various zones are adjacent to each other, even if they are incompatible. The situation in Dali, for example, is expected to come to a head soon.Â
As locals, developers and landlords put pressure, we have political parties that, for their own petty political purposes and regardless of proper urban planning, submit to the pressure to solicit votes. We are perhaps the only EU state that involves party politics in urban planning (similarly to football). For example, a condition was set by a political party for it to vote in favour of the 2021 budget, that the restrictions on isolated residences be relaxed. With the possible relaxation of restrictions on isolated housing, things will get worse.
In addition to the constant pressure from those seeking the huge rise in the value of their properties, the pressure to expand development zones is partly justified by the lack of supply, which is due to the lack of infrastructure and, above all, access to already developed areas. There are large unexploited areas of land that remain dormant due to lack of access. Solutions using private initiatives need to be found to this.
Also, a wealth levy could be used to pressure owners of undeveloped development plots to develop or dispose of them, again increasing supply and controlling prices. However, politicians are unlikely to do this with large landowners in mind, including the Church.
As a result of the unwillingness of the state to address these issues, we have reached the point where Cyprus has three times more development land than needed for its population with a use horizon of around 20 years and as a result prices are comparatively high.
Antonis Loizou & Associates EPE – Real Estate Appraisers & Development Project Managers, www.aloizou.com.cy
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