By Martin Hellicar
THE OMBUDSMAN has slammed the Town Planning department for endorsing planning relaxations for a hotel being built in the Akamas area by the family firm of former Foreign Minister Alecos Michaelides.
In a report, the findings of which were released yesterday, Ombudsman Nicos Charalambous says the department acted to serve private interests.
He examined the department’s role in the licensing of the controversial Thanos Hotels Ltd development on the Asprokremnos coast – within the area earmarked for a National Park – following a complaint from the Technical Chamber (ETEK).
Charalambous says the government department failed to give satisfactory reasons for recommending to a ministerial committee that the massive development be approved. Construction of the hotel began last year after the committee gave the final go-ahead, sparking protests from environmentalists.
The Ombudsman’s report notes that by law relaxations to planning regulations can only be given for reasons of public interest. Thanos was given permission to build on a protected beach and to construct the complex higher than zoning for the area allows.
“The Planning Department effectively contributed to the violation of provisions it is meant to protect, without presenting any reasons of public interest which might justify the relaxations,” Charalambous says in the report.
He says the department failed to prove the relaxations were in the public interest, and only presented “arguments aimed at proving the relaxations would not harm the public interest”.
“Public interest refers to the good of the greater public, and cases where government aims exclusively to serve private interests do not have a legal basis,” the report says.
Charalambous does not call for any action in his report because the relaxations were actually approved by the ministerial committee – which he has no remit to check – and not by the Town Planning department itself.
Legal provisions which enable the government to approve planning relaxations also come in for attack in the report. “The relevant regulations obviously leave much room for misuse and abuse of authority both by the Planning Department and the cabinet,” Charalambous states.
The negative publicity which surrounded the granting of relaxations for the Thanos hotel was seen as a major factor in Alecos Michaelides losing his ministerial post in a recent cabinet reshuffle.
Earlier this year it was revealed that unlicensed extra floors were being added to the hotel.
