Could regulations meant to protect the urban environment eventually backfire and burden cities with more buildings? In the past decade, with a series of legislative regulations, starting from New building regulations (L.4067 / 2012) and especially its continuation Law 4819/2021 “Spatial, urban planning, energy and related emergency systems”, urban planning incentives were introduced, beyond what was provided for by the urban planning provisions in force until then, to bypass the factor of height and building, by reducing coverage in some cases.
In other words, given the really urgent need to build nenergy buildings With modern specifications or the development of the so-called “green roofs”Provisions that ensured sustainable and humane cities were repealed, resulting in a disproportionate burden being recorded on the residential environment today.
transcendence
The legislation in force now gives the possibility of overriding the building height and factor everywhere, even in areas with “forecourts” and applying the free order everywhere. As a result, gross construction is increasing and a complex of low and high buildings is being created which changes the urban character of the areas, which leads to a deterioration in the living conditions of its inhabitants. In fact, the new provisions allow, contrary to what is stipulated in Article 24 of the Constitution, to deviate from the current construction conditions without prior study. In other words, it allows to bypass the conditions of construction in an area, without taking into account the characteristics of urban planning that determine the gains of urban planning and the quality of life for its residents.
Perhaps after predicting the developments, many municipalities in the country opposed the provisions of ’12 and ’21 (mainly), and demanded the preservation of city planning ordinances in effect on a case-by-case basis and public as well as private local ordinances, which for decades have protected the features of cities. However, despite persistent appeals and requests from organizations and municipalities, and even from the Central Association of Municipalities of Greece, for a return to the pre-existing more moderate urban planning regulations, the new urban planning provisions were voted on by Parliament and are valid even today. The only relevant amendment introduced by the government was in a bill passed on Holy Tuesday before the first elections were announced, to rescind the recent unfavorable urban planning regulations only for the municipal units of Velothi, Sichikou and Ikale.
severe reactions
Modification with the exception of municipalities and the “two speeds” within the same urban planning unit.
As it was then, although the regulation was in the positive direction, it was met with reactions from other municipalities that argued that similar legislative initiatives should be taken for the entire province. As we indicated, this dealing came in direct contradiction with the principle of equality and the state’s commitment to take all necessary measures to protect the natural and residential environment and to move forward and ensure rational urban organization of settlements and optimal living conditions for their residents, as specified in Articles 4 and 24 of the Constitution.
However, according to information, the relevant regulation was promoted without the approval of the political leadership and officials of the Ministry of Environment. In particular, it was presented as an amendment to the draft law of the Ministry of the Interior at the last moment (Tuesdays at 18.00), without consulting any interested party.
The country has a large number of areas with special urban planning characteristics, which have been blessed and given special protection in the past, and which no longer exist. The possibility of restoring the former protection system can currently only be realized through the development of a local urban planning plan (TPS), a process that takes a long time (it can last from 2 to 4 years), which ends again in the central state, which must approve the studies that the municipalities will send for advice.
“This is ridiculous”
“It is completely absurd, from the point of view of urban planning and the environment, to have ‘two-speed’ construction in the same urban planning unit,” says the mayor of Alimos, Andreas Kondelis. “In other words, in areas with specific characteristics of urban planning, buildings to which other construction conditions apply must appear. In this way, the entire urban planning of a region is invalidated, the environment is degraded, the value of already built real estate is reduced, and the urban planning organization of each city is circumvented.”
For his part, Mayor of Vari Volas Vouliagmeni Grigoris Konstandelos emphasized: “The government must consider this issue very carefully and abolish until now, just as it did in the case of Psychikos – Filotheis and Ekalis, the unfavorable urban planning provisions for our cities immediately. It does not make sense in 2023 for us as a country to continue to consider construction as a tool for development and an engine of our economy, ignoring the sustainability, beauty and carrying capacity of our cities.”
Finally, Mayor of Papagou-Cholargou Ilias Apostolopoulos commented: “The legislative amendments in the NOK endanger the existing natural and residential environment. The Papagou-Cholargou Municipal Council in May 2021 with its Decision No. 51 requested the abolition of the bonus. We ask to be heard in order to stop the worsening construction conditions for NOK, so that we can protect our cities.”
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