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Pancypriot Organization of Independent Professional Architects and Civil Engineers / Regulations  / 26/01/2023 – LICENSING PROCEDURES OF RES PROJECTS, EXCEPT FOR PHOTOVOLTAIC INSTALLATIONS

26/01/2023 – LICENSING PROCEDURES OF RES PROJECTS, EXCEPT FOR PHOTOVOLTAIC INSTALLATIONS

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REPUBLIC OF CYPRUS
MINISTRY OF THE INTERIOR
No. Fac.: 08.04.006
No. Tel. : 22409507 KED
No. Tel.: 22302067
Elec. Tach.: mhadjida@tph.moi.gov.cy
DEPARTMENT OF CITY PLANNING AND HOUSING
NICOSIA
39507
26 January 2023
District Officers
Nicosia, Limassol, Larnaca, Paphos, and Famagusta,
Department of Urban Planning and Housing
CIRCULAR OF THE DIRECTOR OF THE CITY PLANNING AND HOUSING DEPARTMENT
On the Promotion and Encouragement of the Use of Renewable Energy Sources
His law 2022 Law 107(I)2022
Accelerating Licensing Procedures for Production and Storage Projects
of Energy from Renewable Energy Sources (RES), excluding the
photovoltaic installations.
The Director of the Department of Urban Planning and Housing issues this Circular with
in order to comply with the Department of Town Planning and Housing, with the obligations that
derive on the basis of the article 17, of the Promotion and Encouragement of the Use of
of Renewable Energy Sources Law 2022 [Law 107(I)2022], which was published on
15/07/2022, and specifically, to ensure that, the town planning granting procedures
license for projects related to the Production and Storage of Energy from Renewables
Energy sources (RES), they are proportionate and necessary and contribute to its implementation
principle of priority in energy efficiency.
2.
This Circular concerns the acceleration of the urban planning process
licensing of projects related to Energy Production from Renewable Energy Sources
(RES), and specifically, "Wind Turbine" installations, "Wind Farms" and
"Facilities for Utilization of Other RES", according to the relevant interpretation given
to these terms in the Order 2/2006, of the Minister of the Interior, like her every time
modified or replaced, as well as the urban planning licensing process for projects
relating to the storage of energy derived from Renewable Energy Sources
(RES), complying with the provisions of the Regulation of the Electricity Market Law.
1
3.
It is pointed out that this Circular, does not apply to photovoltaic installations, for the
which has been issued on 14/6/2019, relevant Circular based on the Order 2/2006 of the Minister
Interior, which concerns the integrated approach for selecting a plot for zoning
photovoltaic installations, and in the mandatory conduct of all the required
consultations (except for consultation with the Department of the Environment, based on approx
Assessment of the Effects of Certain Projects Law N.127(I)/2018) by the scholar, before
the submission of an application for the granting of a planning permit.
APPLICATION PROCEDURE
4.
First of all, and since the Ministry of the Interior and the Department of Town Planning and
Housing has been promoted since November 2013, on a pilot basis, the process
securing consultation from scholars, before submitting the application for
planning permission, the Director of the Department of Town Planning and Housing considers that, for
purposes of improving and speeding up the process followed until now in
examination of applications for projects related to Energy Production and Storage from
Renewable Energy Sources (RES), you should, among others, to become mandatory
submitting the required consultations with the filing of the application, exactly as it is
from August 1st 2019 for photovoltaic installations, based on the relevant Circular
Director of the Department of Urban Planning and Housing, date. 14/6/2019.
5.
This obligation will apply from 1 Of March 2023, with a guaranteed number
consultation (D) from the relevant District Office of the Department of Town Planning and Housing,
and subsequently securing the required consultations from the relevant Departments /
Services, as described in para 6 of the present, before applying for
obtaining planning permission.
SUBMISSION AND EXAMINATION OF PLANNING APPLICATION
6.
In case of project applications related to Energy Production from Renewables
Energy sources (RES), and specifically, "Wind Turbine" installations, "Wind power
Parks" and "Facilities for Utilization of Other RES", with the exception of photovoltaics
facilities, as well as developments related to energy storage that
comes from Renewable Energy Sources (RES), the required procedure is the
following:
(a)
Ensuring the required consultations by the applicant/researcher, from 3
Departments/Services, as shown in the attached CONSULTATION TABLE attached
as APPENDIX 1, and which arise primarily from the requirements of legislation,
mandatory before submitting the urban planning application, so that the suggestions of
Departments/Services to be integrated into the submitted plans and on the other hand to speed up the
2
procedure by the Town Planning Authority. The consultation with the Department of Environment takes place afterwards
the submission of the urban planning application, and after the Impact Assessment Study is prepared on
Environment (MEEP)/ Information Report, in accordance with Annex I or II of the
Impacts on the Environment from Certain Law Projects.
Additional consultations may arise due to other data under development
property (B.C. with the Department of Water Development, due to water flow). For any
doubt in relation to any additional consultants, applicants may contact
the Town Planning Authority.
The applicant first secures a consultation number (D) from his respective District Office
Department of Urban Planning and Housing, which he submits to the competent Departments/Services, with
Title Deed, spatial plan, as well as spatial planning. It is emphasized that it is not required
submission to Departments/Services of completed plans.
(b)
(d)
(e)
(f)
(g)
Submission of the application by the applicant/researcher, together with all required plans and
documents, the required consultations and the MEEP/ Project Information Report at
relevant District Office of the Department of Urban Planning and Housing, and payment of
required rights to review the application, based on the Urban Planning and
Spatial planning (Rights) Regulations.
Sending the submitted urban planning application, with all required consultations,
from the relevant District Offices to the Director of the Department (where required by reason
competence), within 3 working days.
Upon receipt of the town planning application at the Town Planning Authority, the application and the related
MEEP or Information Report, are immediately sent to the Environment Department, for examination.
Carrying out a rapid technical check of the submitted plans and documents by
Town Planning Authority within 5 working days from the receipt of the application, and relevant
informing the applicant, for any further consultation (which could not be known
to the applicant), in which case the applicant should immediately take the appropriate collateral actions
her.
Examination of the MEEP at the Environmental Committee and preparation of an Opinion by
Environmental Authority or review of the Information Report by the Environmental Authority and
preparation of Reasoned Finding as a matter of priority, provided that the MEEP or the Report
Information is complete and sufficiently documented.
3
(or)
Completion of examination and decision making on the planning application, by priority,
and in any case within 10 working days, from the date of receipt
Opinion or Reasoned Finding of the Environmental Authority.
7.
Further, it is emphasized that the Building Authorities should not repeat them
consultations, unless for a specific reason this is deemed necessary.
8.
This Circular please be posted in your Offices, for information of
scholars, and as it is inevitably applied by the 1 Of March 2023. Please as next
on this date, applications are not accepted for projects related to Production
of Energy from Renewable Energy Sources (RES), and projects related to storage
energy, except in case the applications are accompanied by all the required ones
consultations and the required Environmental Study, based on Annex I or II thereof
on the Environmental Effects of Certain Law Projects. It is pointed out that the control
completeness of the application (required documents, consultations, MEEP/ Information Report,
etc.), based on the Promotion and Encouragement of the Use of Renewable Energy Sources
Law [Law 107(I)2022], it should be completed on the day the application is submitted.
(Markella Hatzidas)
for Director
Department of Urban Planning and Housing
Commun.: Director General of the House of Representatives
Director General of the Ministry of the Interior
Director General of the Ministry of Energy, Trade, Industry and Tourism
Director General of the Ministry of Agriculture, of Rural Development and Environment
President of the Cyprus Energy Regulatory Authority
President of the Union of Municipalities of Cyprus
President of the Union of Cyprus Communities
President of the Council for the Study of Deviations
President of the Scientific and Technical Chamber of Cyprus
Prefect of Nicosia, Limassol, Larnaca, Paphos and Famagusta
Director of the Environment Department
Director of Forestry Department
Director of Water Development Department
Head of Game and Wildlife Service
08.04.006APE CIRCULAR 26.01.23
4
ANNEX 1
CIRCULAR OF THE DIRECTOR OF THE CITY PLANNING AND HOUSING DEPARTMENT
REQUIRED CONSULTATIONS DURING DEVELOPMENT CONTROL
FOR PROJECTS CONCERNING THE PRODUCTION AND STORAGE OF ENERGY FROM RENEWABLE SOURCES
ENERGY (RES), EXCEPT FOR PHOTOVOLTAIC INSTALLATIONS.
a/a
CONSULTANT
REQUEST FOR CONSULTATION
YEAR
ANSWER
(erg. days)
REQUIRED CONSULTATIONS
1
CERA
Mandate 2/2006
Those on Town Planning and Spatial Planning
(Requests
and
Regulations, Even. 7(1)(l)
Hierarchical
Appeals)
/
2
Competent Local Authority
(through the relevant District)
Mandate 2/2006
Those on Town Planning and Spatial Planning (Requests
and Hierarchical Appeals) Regulations, Even.
7(1)(a)
15
3
Principle
Electricity of Cyprus
Mandate 2/2006
10
4
*Energy Service
Those on Town Planning and Spatial Planning
(Requests
and
Hierarchical
Appeals)
Regulations, Even. 7(1)(l) *Not required
consultation (general letter of consent
for projects using RES- no. lens.
05.33.003.001, date 9/1/2023)
/
5
Department of Environment
About the Impact on the Environment from
Certain Law Works (N. 127(I)/2018)
Mandate 2/2006
Those on Town Planning and Spatial Planning
(Requests
and
Hierarchical
Regulations, Even. 7(1)(no)
Appeals)
According to
priority
CONSULTATIONS POSSIBLY REQUIRED
1
Department of Agriculture
Those on Town Planning and Spatial Planning
(Requests
and
Hierarchical
Appeals)
Regulations, Even. 7(1)(e) and 7(1)(f), when
land loss occurs due to development
beyond the 6 decimals, which
used or recently used
for agricultural purposes, and/or when the sub
property development falls within the area
Of agitation or on land irrigated by
10
5
6
government irrigation project.
2 Department of Antiquities The Antiquities Law, for development in
Ancient Monument or Controlled Area.
Based on a letter from the Director of TPO with no. lens.
11/GEN and date. 12/12/2006, consultation
with TA for development located close to
water mill, bridge, cistern and olive mill or
another building of traditional architecture.
10
3 Development Department
Waters
Those on Town Planning and Spatial Planning (Requests
and Hierarchical Appeals) Regulations, when
through the piece to be developed
crosses a public waterway or river, conduit,
drilling, etc., and/or when for development
water supply required.
10
4 Ministry of Defense Where development adjoins defense projects
of the National Guard
Based on letters from the Ministry of Foreign Affairs
with date. 26/2/2008 and 3/12/2010, in
areas within the Neutral Zone
In areas near the Dead Zone, based on
common practice
15
5 Part
Civil Aviation
Based on a letter from the Department of Politics
Aviation with day. 4/12/2006, for
developments at a distance of less than 6 km
from an airport runway, or deployments to
distance less than 3 km from
helipad. Additionally, for developments
which include facilities with height
beyond the 30 meters.
10
6 Forest Department If the development adjoins a state forest, or
in the area there is a significant number
of trees falling under his provisions
on Forests Law
The Environmental Authority calls the Forestry Department
at the sessions of the Evaluation Committee
10
7
Environmental Impact for views.
7 Department of Public Works for Town Planning and Spatial Planning (Requests
and Hierarchical Appeals) Regulations, Even.
7(1)(i), when development is affected
substantially existing or intended
highway or jurisdictional road
of the Department of Public Works.
10
8 Inspection Department
Work and
Fire Service
Those on Town Planning and Spatial Planning (Requests
and Hierarchical Appeals) Regulations, Even.
7(1)(ya), when growth is associated with
dangerous substances, which it is possible to
cause major accidents.
10
Department of Geology
Overview and
Service of Mines
Mandate 2/2006, when the property falls into
area with significant reserves of valuables
mineral materials.
Department of Geology
Overview
Based on the Department's letter
Geological Survey with no. lens.
05.33.007/3, date. 5/10/2022, for
developments falling within Zones
Geological Suitability, (relevant
Maps are posted on
website www.moa.gov.cy/moa/gsd, of
Department of Geological Survey)
Department of Electronics
Telecommunications
Mandate 2/2006, when development concerns
Wind Park, which is at a distance
smaller than 1000 meters from the corridor
radio transmission and antennas
telecommunications.
Note: The Regulation 7(4) of the Regulations (Applications and Hierarchical Appeals)- KDP
62/2016- provides that:
For the cases where the Town Planning Authority must consult an authority or person before
issue a decision, the Planning Authority must serve notice twenty one (21) days before
the date of examination of the application, and if the above deadline is missed, or
The Town Planning Authority can extend it, or proceed to make a decision if it does not
conflicts with legislation relevant to the authority or person being consulted.
DEPARTMENT OF CITY PLANNING AND HOUSING
Nicosia, 26/1/2023

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