Approving planning requests in Natura 2000 sites, Greece

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1 Approving planning requests in Natura 2000 sites, Greece Christina Kontaxi, Department of Environment and Spatial Planning, Region of Central Macedonia, Greece

2 two levels of governance since 1/1/2011; a) central; State governance (government-ministries - decentralised administrations[7]) b) local self-government; (regions [13] municipalities [325])

3 Regions have important competencies over regional development planning in primary, secondary and tertiary sectors of the economy, the management of the regional operational programs of EU structural funds, commerce, tourism, transport, public works, territorial planning and environment, culture, sports and civil protection.

4 Type of Instruments Responsible planning authority (for the approval) National Spatial Plan General Framework for Spatial Planning and Sustainable Development Special Spatial Plans Special Frameworks for Spatial Planning and Sustainable Development National Parliament Co-ordinating Committee of Governmental Policy for Spatial Planning and Sustainable Development (inter-governmental organ) Regional Spatial Plans Minister for the Environment, Spatial Planning and Public Works

5 a) kalochori lagoon GR

6 WASTE LAND 1970s 2006 HORSE RACE EXPO CENTER Joint Ministerial Decision 2009 Joint Ministerial Decision 1998 Coastal Embankment Study Area SPA (GR ) National Park Zones Urban Plans & Projects Study Area -> sq.m., whereas: Zone ΠΔ1 of the National Park -> sq.m. Zone B6 of the National Park -> sq.m. SPA -> sq.m. Municipal waste disposal -> sq.m. Hippodrome -> sq.m. Park Kerkyras -> sq.m. Coastal Embankment -> m.

7 WASTE LAND 70s 2006 HORSE RACE EXPO CENTER Joint Ministerial Decision 2009 Joint Ministerial Decision 1998 Coastal Embankment Study Area SPA (GR ) National Park Zones Urban Plans & Projects Study Area -> sq.m., whereas: Zone ΠΔ1 of the National Park -> sq.m. Zone B6 of the National Park -> sq.m. SPA -> sq.m. Municipal waste disposal -> sq.m. Hippodrome -> sq.m. Park Kerkyras -> sq.m. Coastal Embankment -> m.

8 Natura 2000 Seminars / Mediterranean Biogeographical Region / Kick-off Seminar / Thessaloniki, Greece, May 2014

9 after few months...

10 The sole mission of the Hellenic Republic Asset Development Fund s (HRADF) is to maximize the proceeds of the Hellenic Republic from the development and/or sale of assets. This should be construed as the virtual sum of the proceeds from the transfer of assets to the private sector and the economic benefits from ensuing direct investment in these assets and the opening up of the respective market sectors.

11 412 properties ,25 ha 195 properties ,32 ha -> MAP - 47 inside NATURA 2000 areas - 41 in 1000m distance from a NATURA 2000 area

12 b) Korinos GR

13 Natura 2000 Seminars / Mediterranean Biogeographical Region / Kick-off Seminar / Thessaloniki, Greece, May 2014

14 European Parliament Questions (3): E /2011 Residential development in a Natura 2000 site on Korinos beach (Pieria) E /2013 New developments concerning a real estate development scheme in a Natura 2000 site on Korinos beach (Pieria) E /2014 Encroachment on Aliki Kitrous wildlife sanctuary 21 October 2014 Answer on behalf of the commission: The Commission sought additional information from the Greek authorities in relation to the housing development planned in the Natura 2000 site in question, as regards in particular the compliance with the assessment and permitting process pursuant to Art. 6(3) of the Habitats Directive 92/43/EEC; the plans for the restoration of the already affected habitats within the site; and the change of the national protection status within the Special Protection Area GR The Commission has now received the reply of the Greek authorities and is assessing it in order to decide on further steps.

15 12 November 2014 environmental impact assessment approved! Wildlife sanctuary before 7/2014 Wildlife sanctuary after 7/2014 SPA (GR ) SCA (GR ) National Park Zones Residential houses

16 GR & GR c) Koronia lake

17 10 years (EU story) 2003: pre-litigation procedure 2007: no sufficient measures by MS 2009: 2nd pre-litigation procedure 2010: reasoned opinion 2011: court proceeding 2013: conviction (c-517/11)

18 3/2/2014 Financial tool: Operational Programme "Environment & Sustainable Development" co-financed by Greece and the European Union - European Regional Development Fund

19 NATURA 2000 network

20 National Parks. In Thessaloniki: 388 sq km NP Axios-Loudias-Aliakmon sq km Koronia-Volvi

21

22 ... the Council... after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt: (b) measures affecting: - town and country planning,... - land use,...

23 what happens in a MS stays in the MS ECJ 2003 (C-415/01)... that the directive on birds has not been properly transposed on the ground that the maps demarcating the SPAs in the Région flamande do not have binding force with regard to third parties and cannot, therefore, be relied upon as against them. In Belgian law, measures adopted by the regional authorities must be published in the Moniteur belge in order to have binding force. Only such publication creates, as regards citizens, an irrebuttable presumption of their awareness of the measures adopted and ensures, thereby, that they are enforceable against third parties. The maps demarcating the SPAs in the Région flamande have not been published in the Moniteur belge. They have simply been lodged in municipal offices to enable the population to become acquainted with them.

24 So No protection through spatial planning, land uses etc. No coherence with other directives such as water, marine strategy etc. What is needed: Change sailing course?!... but maybe we should not hope on that... this will come when the societies are mature, to make their estate their NATURA 2000 areas...

25

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