MEPA: Quo vadis?

On Thursday 27^th June MEPA’s sitting regarding the application PA03116/12 for the construction of a vinery in Bidnija, I was part of the audience contesting the approval of the permit. This permit application is based on an outline permit PA2185/06, which has been granted to the applicant on the 30^th June 2011.

The initial permit application had been refused for following reasons:

1. The proposed development is considered as an industrial operation and thus does not qualify as a legitimate use which may be permitted outside the development zone.

2. The Central Malta Local Plan is showing that the proposed development falls within an identified Area of Agricultural Value.

3. The proposed development is not justified and cannot be considered essential for agriculture since the relevant site does not form part of the agricultural holdings, which are registered on the applicant’s name and only 1 tumolo is being used for the cultivation of vine.

4. The proposed development will result in the creation of a blank party wall.

5. The proposal will lead to the total destruction of rubble wall and also the uprooting of a huge protected carob tree.

The appeals board very strangely overturned the initial refusal with the following argumentation:

1. It was noted that several two floor buildings are in the vicinity of the proposed site.
2. The proposed development is below street level.

3. The proposed site, although ODZ, is close enough to other dwellings and not in open countryside.

No objectors were present during the appeal’s sitting of the 30^th June 2011 as none of them have been notified by MEPA. Bidnija residents only discovered the approval of the outline permit the day MEPA put a sign for the permit application PA03116/12 on the site. Bidnija residents collected the signature of 30 residents, obtained the support of the Mosta local council and of various NGOS for the opposition of the construction of the vinery.

Before the start of MEPA’s sitting of the 27^th June to discuss the permit, the lawyer representing the residents had filed a request at the Appeal’s Tribunal to overturn its decision for the granting of the permit PA2185/06 for various reasons, namely being in breach of its own MEPA policies (the applicant has no vineyards in a radius of 500 meters…). MEPA’s board has been notified at the beginning of the sitting that the parties has filed a request at The Appeal’s Tribunal and that the sitting should be adjourned waiting for the outcome of the appeal. Nevertheless, the board decided not to adjourn and continued the sitting, during which both parties presented their views. Various issues were discussed, MEPA board members requesting information on cesspits, windows, toilets and even suggested to add another room on top of the building for unloading!

The poor level of preparation of the planning officer and the attitude of MEPA board astonished me: instead of just rejecting the application due to the pending request at the Appeal’s Tribunal, it preferred wasting the time of all parties discussing at this point fictitious design elements. The applicant has been asked why he wanted to build his vinery in Bidnija and not actually on his several vineyards, he answered: “because they are all in ODZ”.

This two hour sitting once again confirmed my perception of the damages MEPA is creating to our society : MEPA is not able to abide by their own policies and regulations when deciding on permits, MEPA supports applicants requests for permits when they definitively should not, and finally MEPA is creating financial damages to all parties (applicants bank guarantees, application fess, architect fees, various study fees,…).

Despite multiple promises from different governments, nothing has changed. This can not continue.