Greece – Response to Case 2007
Greek response to the Polderadeel Case
1. Location control in Greece is mainly realized through a special procedure, which requires the approval of the environmental conditions for major public or private projects that may have significant impact on the environment (articles 3-5 of L. 1650/1986 as amended by L. 3010/2002). This procedure has been instituted in accordance with EC Directives 85/337 and 97/11 and is a prerequisite for the granting of other permits and for the realization of the project.
According to existing legislation, this control may operate: a) at the state level (central or regional) for projects of national or regional importance or for projects that may have impact on the integrity of areas designated pursuant to Directives 79/409/EEC and 92/43/EEC and b) at the prefecture level (local authority) for other projects listed in the law.
Consent to locate the project must be tested, among other things, against the policy guidelines and criteria provided in the national or regional spatial plans, the land-use regulations established by the urban plans and other requirements provided in special statutes (eg. forest legislation, archeological legislation, etc.). Planning authorities have very limited discretionary power, unless a possibility for a departure is especially provided by law. In some cases and especially in the out-of-plan areas an additional consent of sectoral government departments is needed if the development is to take place near specific sites as airports, railway lines, national roads or coastal land parcels.
2. The location consent (including the approval of the environmental conditions) for highways, wind turbine parks and industrial parks falls in the responsibility of state services (either central or regional) because these developments are considered to be of supra-local interest. The role of the local authorities of both tiers in this process is only advisory.
The realization of highways falls in the responsibility of national government (Ministry of the Environment, Spatial Planning and Public Works), while road construction in the urban areas is mainly the responsibility of local authorities (in both cases public works legislation is applied).
Wind turbine parks and industrial parks are realized by the private sector under a set of policy guidelines, regulations and licensing procedures aiming at:
- controlling the conformity of the location with the provisions of strategic and regulatory spatial plans and imposing conditions and quantitative restrictions of development (eg. density of wind turbines permitted at the Municipality level)
- controlling the conformity of buildings with the provisions of general building law or special building regulations
- securing safety requirements or other objectives of public interest (eg. protection of forest lands or historic sites or buildings).
Actually, the Ministry of the Environment, Spatial Planning and Public Works (YPECHODE) is drafting three special strategic spatial plans aiming at setting the policy guidelines and the general rules respectively for the location of the Renewable Energy installations, industrial installations and tourist installations. The draft plans will be made available for consultation to the National Council for Spatial Planning and Sustainable Development, that is an advisory body for planning policy constituted of representatives of the first and second-tier local authorities, representatives of the productive sectors and chambers of Greece as well as NGOs, university professors and scientists. In addition, they will be submitted to a strategic environmental assessment (in accordance with the provisions of Directive 2001/42/EC).
3. The Greek Constitution (Art.24 par.2) provides that the arrangement, development, urbanisation and expansion of towns and residential areas in general are placed under the regulatory authority and control of the State.
Further, according to the Constitution, properties included in areas designated to be developed must participate, without compensation, in the disposal of land necessary for the creation of public spaces and sites for social benefit buildings or uses and contribute toward the expenses for the execution of the basic public urban works (Art.24 par.3).
The aforementioned constitutional provisions set the general framework for land development in Greece. According to these provisions, every property inserted in a town plan is charged : a) with a contribution in land for the creation of public spaces (i.e., roads and squares) and for the provision of sites for social benefit buildings or uses and b) with a contribution in money for the financing of the town improvements as well (urban works).
The contribution rates charged for each property are not unique but are determined on a proportional basis (graduated scale) depending on the total amount of land the particular owner possesses in the area inserted in the town plan. Finally, it has to be noted that, apart from landowners, both the local authorities and the state contribute in the expenses for the execution of basic urban public works (e.g. water supply and sewerage networks etc.).
The aforementioned system of proportional land and money contributions (public development) does not apply however in the areas where schemes of private land development are being approved. In these cases, the contribution of land owed by the developer (depending on the total size of the development area) varies according to the main use of the area to be developed (e.g. tourist estate, industrial estate, commercial estate etc.). The following table shows the different contributions in land depending on the use of the development area:
| Type of private development zone | Land contribution for the creation of public spaces and social benefit uses (% of the total area) | Costs for the execution of the basic public urban works are covered by: |
| Industrial and commercial uses | 30% | Developers |
| Tourist Development | 50% | Developers |
| Residential Development | 40% | Developers |
| Organised development zones for productive and enterpising activities | 40% | Developers |
It has to be noted that in the above areas/zones the developers are obliged to cover only the costs of the public amenities within the boundaries of the private areas to be developed and not any additional infrastructure needed outside those zones.
4. A) In the areas where a public development plan (town plan) has been approved, the costs and the responsibility for the maintenance and the management of public amenities are undertaken by the local authorities.
The municipal and communal authorities in Greece are responsible to manage and coordinate all the local affairs aiming at the protection and improvement of the quality of life in the residential areas and in the local community in general.
According to the Municipal and Communal Code, first-tier local authorities in Greece are competent, among other things, for:
- street cleaning and lighting,
- refuse collection,
- maintenance and management of water supply and sewerage networks,
- maintenance and management of municipal sports facilities, municipal parks and gardens, youth centers and municipal buildings in general.
B) In areas where schemes of private land development are approved, Greek planning legislation provides in some cases (as in the cases of tourist estates, commercial estates and other zones designated for productive activities ) that the private developers have to undertake the costs for the maintenance of the relevant public amenities (within the zone/area). However, even in these cases, the management of the public spaces (eg. roads, squares, parks) created within the zones or areas of private development still falls in the responsibility of the local authorities.
By Georgia Giannakourou & Evangelia Balla