clr/1987/1987_3_1470.pdf

(1987)1987October 16 [PIKE, J I INTHEMATTER OFARTICLE 146 OFTHECONSTITUTION IPPOCRATIS STAMATIOU, Applicant, ν 1 THEMUNICIPAL COMMITTEE OFAGLANDJ1A, 2 THECOUNCILOFMINISTERS, Respondents (CaseNo 377/86) Administrativeact—Legalityof— Lawapplicable— Chnstoforou andOthersν MunicipalCommittee ofAyios Dhometios

(1987)3CLR 1464 followed ConstitutionalLaw—Right toproperty —Constitution,Art 23 — TheRegulatory AdministrativeAct* 10/86— Notincompatible withArt 23 — Chnstoforou and Others ν MunicipalCommittee of Ayios Dhometios

(1987)3 CLR 1464 followed Applicant's application dated 6 1285 for a building permit was turned down bya decision,communicated totheapplicantbyletterdated 114 86 on the ground that the building envisaged was not compatible with new buildingregulationspromulgatedon22 186 5 10 Hence thisrecourse Held, that for the reasons expounded in Chnstoforou and Others ν Municipal Committee of Ayios Dhometios

(1987)3 CL.R 1464 thesub judicedecision mustbeannulled Subjudice decision annulled Casesreferred to Chnstoforou and Others ν Municipal Committee of Ayios Dhometios

(1987)3CLR 1464 • TheAct containsbuildingregulations 1470 15 3 C.L.R. Stamatlou v.M'pal C'ttee of Aglandjla Recourse. Recourse against the decision of the respondents to reject applicant'sapplication fortheerection ofatwelvestoreybuilding. N.Ioannou (Mrs.), forthe applicants. 5 A.Scordis, forrespondent

1. N. Charalambous, Senior Counsel of the Republic,- for respondent
2. Cur..adv.vult, PIKISJ. read the following judgment. Identical.issues pose for 10 determination in this recourse as those raised in case 378/76 in which judgment wasgiven earliertoday.The crucial issue affects thelegalregimebyreferencetowhichthesubjudicedecisionshall betakenandsecondlytheconstitutionalityofbuildingregulations affecting the Municipality of Aglandjia promulgated on 21st 15 January, 1986*. Applicant petitioned the authorities on 6th December, 1985 for a building permit. Their application was accompanied by architectural plans envisaging the erection of a twelve-storey building,aheightpermittedbytheBuildingRegulationsinforceat 20 the time of the submission of the application. It took the Administrationalongtimetodecidethefateoftheapplication and longer still to communicate it to the applicant. Following the adviceoftheTown PlanningDepartment torejectthe application founded onthenewBuildingRegulations,anegativedecisionwas 25 communicated to the applicant on 11.4.
3. In case 378/86** decided earliertoday,itwasexplained thatwhereastheactionof theAdministrationshouldbegovemed.bythe rulesoflawinforce atthetimethe decision istaken,thisprincipleisinCyprussubject to an important constitutional qualification, the one enacted by 30 Article 29 of the Constitution. And in as much as a mandatory obligation iscastupon theAdministration to determine acitizen's petition within30days,acorollary ofthatruleistnatanydelay on theirparttofulfil ^nddischarge thisconstitutional dutycannot be allowed tooperatetothedetriment ofthe citizen.Necessarily, an *AdministrativeRegulatoryact11/
4. "

(1987)3CLR. 1464. 1471 PikisJ. Stamatiou v.M'pal C'ttee of Aglandjia

(1987)application to the authorities must prompty be heeded and determined inaccordance withthelegalregimeinforce withinthe 30 day period ordained by the Constitution as the maximum period the Administration can take to decide the matter. Throughout theperiod of30 daysfollowing thesubmission ofthe 5 application for a buildingpermit on 6th December, 1985,thelaw inforcerelevanttobuildingsweretheregulationsotherthan those that guided the Administration in taking the sub judice decision. Consequently, their decision isbad for misconception of the law and assuch itmust be annulled. 10 The contention on theother hand that the new regulations are badforbreach oftheprovisionsofArticle23waslikewiseasubject for decision in case 378/86. A similar fate must attend this submission as its counter part in the other case and for the same reasons.Itisdismissed. In the'result, the recourse succeeds, the sub judice decision is declared to be wholly void pursuant to the provisions of Article 146.4(b) of the Constitution. Subjudice decision annulled. 1472 20