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E.E. Fri. III(I)
No. 5643, 23.12.2021
Number 548
THE URBAN PLANNING AND ZONING LAW
K.D.P. 548/2021
(LAWS 90 OF 1972, 56 OF 1982, 7 OF 1990, 28 OF 1991, 91(I) OF 1992,
55(I) OF 1993, 72(I) OF 1998, 59(I) AND 142(I) OF 1999, 241(I) OF 2002,
29(I) OF 2005, 135(I) OF 2006, 11(I) OF 2007, 46(I), 76(I), 130(I) AND 164(I) OF 2011,
33(I), 110(I) AND 150(I) TOY 2012, 20 (I) AND 65(I) OF 2013, 120(I) OF 2014,
39(I) AND 134(I) OF 2015, 24(I) OF 2016, 142 (I) 2018 AND 16 (I) 2019 AND 75 (I) OF 2021)
Ordinance based on Art 22
The Minister of the Interior, exercising the powers conferred on him under the provisions of the article 22 of the Town Planning and Spatial Planning Law, issues the following Decree:
1. This Ordinance will be referred to as the Urban Planning and Spatial Planning Ordinance (Construction of a radio communications station capable of broadcasting) Special Development Ordinance of 2021.
"radio communication station" has the meaning assigned to it in the Order 3/2006 of the Minister of the Interior, or as it is modified from time to time.
2. Unless the text indicates otherwise, the terms used in this Ordinance have the meaning assigned to them by the Town Planning and Spatial Planning Law and the Town Planning and Spatial Planning General Development Ordinance or any other Ordinance amending or replacing it.
3. This Ordinance applies to any immovable property on which it is proposed to install a radio communications station capable of broadcasting.
4. (1) In addition to the developments permitted by the General Development Ordinance, to any property falling within the Provisions of this Ordinance, it is considered that the permit has been granted by the Town Planning Authority, for the construction of a radio communications station capable of broadcasting, provided that the following applies:
(a) The radio communication station is erected on the roof of a building with a height equal to or greater than the maximum permitted building height in the respective Urban Planning Zone, or
(b) the radio communication station is erected on the roof of a building with a height lower than the maximum permitted building height in the respective Urban Planning Zone, even if in the same area and at a distance of less than 200m. from the installation site of the station, taller buildings exist or are permitted to be erected, when the direction of radio wave emission documented allows it or when the radio communication station is of the "micro" type as specified in the Order 3 of 2006 of the Minister of the Interior, or
(c) the radio communication station is erected on the ground, in an area that does not fall within a designated development area, and the height of the tower/mast does not exceed 25m.
(d) In any of the above cases, the radio communication station is not erected in a listed building, in a historical or traditional core of a settlement or in a settlement that presents a special social, architectural, historical or other interest or character, in an archaeological site, in the area of an Ancient Monument Table A or B, in a Controlled Area based on the Antiquities Law, in a protected landscape, coast or nature conservation area, in a protected area of the NATURA network 2000 or in a special wild bird protection area.
(2) In all the above cases, the provider should ensure that the following conditions are met:
(a) The color of the radio communication station should be consistent with the prevailing colors of the building or the natural environment where it will be installed.
(b) To be ensured as far as possible, limiting the visibility of the radio communication station from areas most frequently used by the public.
(c) The equipment of the radio communication station should be organically integrated into the building, or the base on which it will be placed, so that he is not clearly visible.
(3) For the purpose of ensuring compliance with the conditions of this Special Decree, and the assumption of responsibility of the submitted data by the researcher, in all the above cases, will be submitted to the competent Authority by the applicant, completed in the required parts, the form which
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attached as Appendix I. The form includes a relevant certificate from the Department of Electronic Communications (THE) that the provisions of the Order are observed 3/2006 of the Minister of the Interior. The certificate from THE, will be signed provided that the development researcher submits the necessary data to the Department in question (photographic material, heights, etc. regarding the building in which the installation of the radio communication station is proposed and the surrounding buildings, as well as the radiation pattern and the direction of emission of the antenna for which the application is submitted). This form will then be signed by the Town Planning Authority, which will certify that, according to the data declared by the researcher, and based on the relevant certification of THE that the provisions of the Order are observed 3/2006, the provisions of this Special Development Decree are met, and therefore the planning permission is considered granted.
(4) In development authorized by this Decree, the approval of the Town Planning Department is not necessary
Authority regarding all matters referred to in the paragraph 4(a) of the article 22 of the Law.
5. (1) If the Town Planning Authority deems it appropriate not to carry out any development specified in the Ordinance in a specific area or not to carry out any development unless a town planning permit is granted following the submission of a relevant application, then the Planning Authority may issue an Order such as permission granted under para 4 of this Decree shall not apply in relation to this area or development.
(2) For an Order issued by the Town Planning Authority, according to sub-para (1) above, the subparagraphs shall apply (2) (3) and (4) of the paragraph 4 of the current General Development Ordinance on Town Planning and Spatial Planning.
6. No growth is allowed, in accordance with this Decree in violation of a condition imposed on a permit granted by an Urban Planning Authority or the provisions of the applicable Development Plan.
(H.E. 05.33.001.004)
It was done on 21 December 2021.
NIKOS NOURIS, Minister of the Interior.
