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Under the Cyprus constitution, everybody is equal in their obligations/rights including the Government.
The High Court decision on the statutory tenancy was quite informative in that Government-owned buildings do not differentiate from those let by private investors. That is understood. So, everybody is equal — authorities and the public.
Illegalities are being undertaken by the municipal authorities and they are even encouraging it.
There is cover up “protection” that such authorities offer to the illegal structures be it undertaken by themselves or by third parties within the shoreline protection zone, where no structures are allowed to be built.
We can understand and excuse certain intrusion by the local authorities regarding the widening of small sandy bays to accommodate an increased number of visitors including the installation of sanitary facilities, the construction of seaside footpaths for the public.
We can also understand developments within the zone which is for the benefit of the economy in general, such as the development of marinas, private boat shelters, the provision of beach facilities for all.
On the other hand, there are provocative actions by the Municipalities which include the construction of so-called kiosks within the beach protection zone, where no structures are allowed, even worse, they are developed on Government-owned land presumably with the tolerance of the authorities.
These kiosks which should have an average extent of around 30 sq.m in order to serve the bathers by providing cold water, juices, newspapers and take away coffees are turned into restaurants with full kitchen facilities, illegal extensions, of a temporary nature, loud music, sale of alcohol, which extends to night parties and so on.
So here we are at the location known as MAAD at Paralimni, a kiosk of 50 sqm was turned into a 400 sq.m restaurant, the placing of six containers at the Protaras beach area (duly converted into houses which are let) and another at the Nishia location where a kiosk was turned into a Grill Bar whereas a similar situation is reported at Peyia Municipality, where the same situation exists with numerous beach kiosks in Limassol (turned into very popular cafeterias with food).
Regarding the Nishia kiosk at Paralimni within the seashore protection zone, we have ascertained that the kiosk/come Grill Bar has:
· No planning and building permit
· No CTO approval
· No license to sell alcoholic drinks
· No WCs
· No license for music
· No electricity/water
· No public access. A public footpath is used for the purpose with the suppliers using it as access, parking etc
Having spoken to the kiosk/café bar operator where we have indicated to him that he is operating illegally, he informed us that the local Municipality told him that he can do what he is doing, and he is okay!
For those of us who believe in good governance of this country, what is this all about, since the public cannot carry out any structures within the protection zone, whereas Municipalities do just exactly the opposite in a provocative manner.
Are we equal, public and municipalities or do we differ in terms of rights?
So, are we unreasonable to suspect that this may be:
· Corruption of the local authorities?
· Cover up by some local authorities?
· Lack of information, simple stupidity (the last is a weak argument on our part since we understand that such illegalities produce a hefty income for the local authorities).
So, on this occasion (Nishia) we have reported an outrageous illegality of the Paralimni Municipality to the District Office, the Ministry of Interior, the Ombudsman, the Auditor General.
We have received no reply other than the District Officer who has informed us that the Municipality is acting illegally, but the Municipality is the authority to undertake corrective action but is not doing so.
The authority, which is in charge to enforce the law, is the same one that is breaking the law.
So, what can we do, when a person buys a house on the beach and pays dearly for it, but suddenly finds out that their house is not on the beach but behind a restaurant/ night club, creating a nuisance and blocking views what can they do?
Apply to the Attorney General and seek a permit to undertake a private criminal lawsuit against the Municipality/users in order to discourage others with such schemes in mind.
Having said this, is it the job of any individual to take private legal action in order to enforce the laws of the state?
In the end, is this a country where one can rely on the laws/planning zones? It seems not.
