The Administrative Court of Appeals rejected the interim motion filed by the communities of Mitsero, Agrokipia, Agios Ioannis of Nicosia, Kato Moni, Aredio, Menoiko, Malounda, and Orounda to suspend the implementation of a zoning permit for the construction and operation of an asphalt concrete production plant in the Dali residential area, on a site near the community of Mitsero, until the relevant pending appeal is heard.
Previously, the Administrative Court had dismissed the appeal filed by the aforementioned eight Community Councils and had upheld the urban planning permit that had been granted.
The Court of Appeals, in a majority decision, examined the merits of the petition and concluded that, in the present case, there was neither a manifest illegality nor irreparable harm—for example, to the environment or public health—as the communities had alleged.
At the same time, the Court of Appeals’ minority opinion held that the petition lacked a procedural basis and should be dismissed.
The Administrative Court of Appeals also instructed the parties to proceed with a prompt hearing of the appeal.
On behalf of the Attorney General of the Republic, the case was handled by Senior Attorney of the Republic Ms. Theodora Piperis-Christodoulou and Attorney of the Republic Mr. Thassos Hatzilouka.
