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AND AND. Para. III (I)
No. 3423.28.7.2000
K.D.P. 228/2000
Number 228
ON TOWN PLANNING AND zoning (EXCEPTIONS) ITS REGULATIONS 1999
(K.D.P. 309/99) (Regulation 16(2))
MANDATE 1/2000
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Code for conducting public hearing
1. The public hearing is a form of public dialogue and consultation between interested parties,
which aims to ensure conditions of transparency and democracy in the reception process
decisions regarding applications for particularly important developments.
2. The public hearing is a procedure provided for by the regulation 16(2) of Urban Planning
and Spatial Planning (Deviations) Regulations of 1999 .
The main objective of public hearings
3. The public hearing is primarily intended to give him the most complete and accurate information
Council for the Study of Deviations, so that this instrument can end up in a complete one,
well-informed and sufficiently reasoned recommendation to the Council of Ministers. To achieve it
further pursuit, the Board has the power to request and accept the testimony of those
referred to in the Regulation 16(3), but also other interested parties, as will be decided by itself
Council and seek additional information, at his discretion.
Features of the public hearing process
4. The Council must conduct the public hearing in an efficient and productive manner and to
ensures that the time of the hearing and its participants is not spent for purposes other than
those served by the hearing. For this reason, the Council will not allow the repetition of positions and
opinions that have been previously expressed, using time from listening to the
presentation and discussion of issues that are not directly related to the considered application or to the discussion
points that have already been clarified by previous presentations or evidence. The Council will not
he is influenced in the formation of his opinions by the eventual repetition of similar opinions by many
participating parties, but he will focus his attention on the value of these data and the
arguments presented before him.
5. All information and data presented by the parties at the public hearing shall
are public information, which will be accessed by all parties participating in
procedure, unless the Council decides otherwise for a specific reason.
Invitation and documents of the public hearing
6. The Council invites the main parties by notification, as specified in para (3)
of the Regulation 16, as well as any other parties he decides to invite.
7. Any of the parties invited to the public hearing, it is possible to state in writing that
does not wish to participate in the procedure or declare that it will be limited to the submission of the document
of his report.
8. The notification specifies the main points in relation to which the presentation is sought
various points of view and the date of the hearing is fixed, as is the deadline for the
submission of the written positions of the parties in relation to the main issues determined by the Council or to
in relation to other matters considered essential to the assessed application.
9.
The parties must submit their views in writing, within the specified deadline. In case
that either party has already submitted its views to the Council, in the context of earlier
consultation, then it is not necessary for him to submit his views again.
10.
In cases of submission of voluminous or particularly extensive written reports from any of the
of participating parties, then it is appropriate to submit a summary of the main points together, which does not
should normally exceed the 4 typewritten pages.
11.
In the written positions submitted, it is advisable to avoid generalities, the theoretical ones
positions and the unproven claims or characterizations that are not related to the evaluation
application. The Council will not take into account positions and opinions that are not sufficiently documented or are
manifestly arbitrary or manifestly express a positive or negative bias against the assessee
development. The Council will focus its attention on scientifically supported positions
admissible evidence, facts and data.
12.
The parties may include the written positions they will submit to the Council and conditions, their
which they recommend to be included in a planning permit that may be granted.
13.
The application file, where all relevant documents are registered, will remain at the disposal of those
defined by the Regulation 16(3)(a)(f) during the public hearing, for informational purposes
and better preparation of the written positions they will submit.
Public hearing process
14. The public hearing process is led by the President of the Council or his alternate,
in case he is absent.
15.
The procedure will begin with an opening statement by the Council, in which the items will be specified and
the main features of the application to be considered during the hearing, with particular emphasis on description
of the intended deviation from the provisions of the current Development Plan, the reason for will be stated
in which the public hearing is held (development included in the Appendix 3 of the Regulations or
exercise of Council discretion) and its program will be preliminarily determined
public hearing and the order in which the parties will present their views.
16.
Following the process, the applicant and his advisors will comment on the content of the opening statement
statement and will clearly explain the reasons why they consider it justified
grant of planning permission by derogation. These reasons should not be general and vague, nor
and express arbitrary and personal assessments of the applicant.
17.
After the applicant, present their positions successively the main parts and, finally any person or body
participates in the procedure following a relevant decision of the Council.
18.
Council members and the applicant or the applicant's representative may submit clarifications
questions to each party presented before the Council.
19.
During the hearing, no dialogue between the parties will be allowed. All the places that will
participate in the hearing will report exclusively to the Council, unless the Council requests or
allow the exchange of arguments between the parties.
20.
During the public hearing the parties will present the main points of their positions, which they will already have
submitted in writing and they will provide the clarifications that the Council will request. In case this
it cannot be done immediately, then the requested information will be sent to the Council within
regular deadline.
21. At the end of the procedure, the applicant or the applicant's representative will have the opportunity to present their
of his final opinions and positions, in the context of which the possibility of commenting on them will be provided
positions submitted by the other parties.
22.
The Council closes the work of the public hearing without announcing its conclusions to
in relation to the application, nor the proposal he will submit to the Council of Ministers.
Duration of the public hearing
23. The Council will have responsibility for monitoring the process, so that on the one hand the possibility is provided
formulation of all documented positions and opinions that are relevant to the evaluated application
in a fair manner, but on the other hand to ensure the completion of the process within reasonable time
margins.
24.
The Council has the power to suspend the proceedings and resume them on a fixed date and
time. In case the date and time of the continuation of the procedure are announced before the interruption
session, it will not be necessary to send relevant invitations for the new session.
25.
The public hearing must be completed within a reasonable time frame and cannot be extended for
period beyond 30 days.
Other settings
26. The persons who will attend the public hearing do not have the right to participate in its process
listening. The Board has the power to order removal from its chamber
public hearing, anyone who interferes without authorization or harasses her in any way
public hearing.
27.
The Council may decide to carry out a visit to the proposed site
development. In such a case, will be invited to attend, if desired by all parties who
participate in the public hearing.
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It was done on 20 July 2000
Dr. CHRISTODOULOS CHRISTODOULOS
Minister of the Interior
(H.E.44/99/D)