Tuesday 30 June 2009

Lack of checks and balances at Mepa

Lack of checks and balances at Mepa


Edward A. Mallia and Marco Cremona made a number of comments and suggestions regarding Mepa's reform (June 26).

A lot is being expected out of this promised reform; expectations from all strata of society whose one and only interest is the protection of the ever dwindling national and natural heritage, both rapidly disappearing.

Mepa is an authority formed of two directorates: the Planning Directorate and the Environment Protection Directorate, which, as has been officially declared, are two different and distinct directorates within one authority, contributing to one decision, taking into account planning and environment protection.

Mepa has a healthy percentage of scarce, motivated and dedicated, academically qualified personnel, who very well know both the national and international obligations of their authority. The crux of the problem are Mepa's boards and committees who take final decisions, and who lag far behind such technical and academic expertise. Very often they tend to by-pass or completely ignore the recommendations of the technical staff, which recommendations sometimes are far above the boards' and committees' grasp. Judging from the number of permits which were publicly scrutinised and criticised, these were all recommended for refusal by the technical staff, but overturned and approved by the Mepa boards or committees. Such permits, among others, include:

The Xagħra l-Ħamra golf course application;

The Ramla l-Ħamra, Gozo, development;

The Safi application for the building of a supermarket;

The Mistra valley disco;

The Baħrija villa development;

The Nadur cemetery in Gozo;

A number of high-rises in Sliema.

When the recommendations of the technical staff are blatantly dismissed and reversed, resulting in such a waste of resources and energy, one must indeed ask what the role of the technical staff is, and the role of the board and committees. In the past when the EPD was still a government department, it had a representative on the Mepa board, who also had a vote. Today with the EPD as part of Mepa, the EPD director is just a spectator, hands tied, without a vote. In some of the above cases, following a public outcry, the political side had to intervene and back-track on such decisions, without any action being taken as if nothing happened, meaning that if it was not for the public and some of the NGOs, the development would still have taken place.

One has also to keep in mind, that besides the lack of technical and academic background of some of the board and committee members, there are some with known political leanings whose only qualification is the extension of their master's voice. It is pertinent to point out that on the Mepa board and most committees, if not all, there is not a single member with environmental credentials. When such technical recommendations are ignored or reversed, it becomes a political decision, and it is not any more a technical one. One cannot but seriously ask if Mepa is just a smoke screen for political decisions. If it is true that there is going to be a reform of this unbridled authority decision-making-machinery, the above has to be the main issue addressed.

Another convenient loophole is the issue of appeals. It is true that on paper, the public can appeal, but it is also true that until the appeal is concluded the applicant can carry on with his works. One can mention the appeal that was lodged against the pulling down of a particular historic building, and the building of the Nadur cemetery in Gozo. The construction of both projects carried on regardless, to finalisation in one case, and the appeals were, or still are being deliberated. If the public is not to be taken for a ride, as soon as an appeal is lodged against projects which leave irreversible damage, the works should be immediately stopped until the appeal is concluded.

Without a doubt, the EPD and the PA are not bedfellows at all, and do not see eye to eye. Checks and balances cannot be met and executed. And when a decision is taken by the Mepa board and committees, the EPD is dragged into the decision as if it has approved the project, irrespective of whether it objected or refused. This is very convenient to the Mepa's decision-making-machinery, who would otherwise have to shoulder all the accountability (if such a terminology exists within the Mepa's vocabulary) on their own.

One of the best measures to be taken for Mepa's reform is to completely separate the two directorates once again as was originally planned before the merger of the two became a takeover by the one. Naturally this can be done if the reform is to really benefit the public and the national interest.

Sunday 28 June 2009

NGOs slam architect, demand investigations

NGOs slam architect, demand investigations

A number of environmental groups have slammed Siggiewi mayor Robert Musumeci for his request to the police to investigate environmentalist Astrid Vella.

The NGOs BirdLife Malta, Din l-Art Ħelwa, Flimkien Għal Ambjent Aħjar, Friends of the Earth Malta, Gaia Foundation, Nature Trust Malta and the Ramblers Association said the authorities should investigate the notorious planning applications from the mayor's district that went against planning policies and were approved by the Malta Environment and Planning Authority boards, and not environmental campaigners who brought these cases to the public's attention.

Mr Musumeci is the architect behind a controversial project in Bahrija valley belonging to Nationalist Party president Victor Scerri. Besides his request to the police about Ms Vella over a comment submitted on timesofmalta.com, he has also filed a libel suit.

The NGOs said that in 2005, Mr Musumeci had 23 planning applications most of which were outside development zones in Siġġiewi.

These were recommended for refusal by Mepa planning officers but were approved by different boards within the authority. There were other cases since.

"This means that Mepa boards approved planning applications that were against theauthority’s own policies," the NGOs charged.

The NGOs asked if the authorities had initiated investigations about Mr Musumeci’s private business activities during his mayorship.

“Mr. Mussumeci should set an example as a mayor and is obliged to adhere to a strict code of ethics as established by the Local Councils Act.

"Instead he seems to be using technicalities to replace ethical considerations on environment, and deploying bullying tactics to silence environmental campaigners” they concluded.

NGOs slam Siġġiewi Mayor and demand investigations

Press Release 28 June 2009

The environmental NGOs BirdLife Malta, Din l-Art Ħelwa, Flimkien Għal Ambjent Aħjar, Friends of the Earth Malta, Gaia Foundation, Nature Trust Malta and the Ramblers Association today slammed the Siggiewi Mayor Perit Musumeci for his request for the police to investigate FAA Coordinator Astrid Vella.

The NGOs stated that the authorities should investigate the notorious planning applications from the Mayor's district that went against the MEPA policies and were approved by MEPA boards, and not environmental campaigners who brought these cases to the public's attention.

The NGOs drew attention to the fact that in 2005 alone Mr. Musumeci, who is an architect and the Siġġiewi mayor, had 23 planning applications, most of which were outside development zones in Siġġiewi, that were recommended for refusal by MEPA planning officers but were approved by different boards within the authority. There were also several other similar cases since 2005. This means that MEPA boards approved planning applications that were against the Authority’s own policies, the NGOs charged.


The NGOs asked if the authorities have initiated investigations about Mr. Musumeci’s private business activities during the period he has been the Mayor of Siġġiewi.

“Mr. Mussumeci should set an example as a mayor and is obliged to adhere to a strict code of ethics as established by the Local Councils Act. Instead he seems to be using technicalities to replace ethical considerations on environment, and deploying bullying tactics to silence environmental campaigners” NGOs concluded.

Saturday 27 June 2009

Wied is-Sewda walk Sat 27th June 2009

For today’s walk, 30 ramblers woke up early, in time for the 5am start. We headed towards Wied is-Sewda, crossed the same valley and reached Mriehel. After walking along the aqueduct built by Granmaster Wignacourt, we passed by the Attard cemetery, descended again towards the valley, and continued upstream till we reached Wied Incita.

Here we had a rest, but it was quite short since it started drizzling quite a bi t… and started rambling again towards the outskirts of Zebbug, passing through secondary roads till we reached Tal-Hlas Chapel. After another short break, we headed towards our starting point, passing by Stagno Palace in Qormi.

Walk Leader: Simon
Duration: 3hours 15 min (0500-0815)
Distance: 12.5 km

Some pictures below, courtesy of Marcel Pisani.

Statue of Our Lady

Tal-Hlas Chapel – the façade

The portico with benches & tables for pilgrims

Friday 26 June 2009

Bahrija case - Set for a foregone conclusion

Set for a foregone conclusion

Any law-abiding citizen with some sensitivity to the environment was disillusioned, depressed and saddened by the Prime Minister's answers to the questions put to him by The Sunday Times regarding the Baħrija case in the interview carried last week.

It is clear that Lawrence Gonzi is all set to accept an "all legal" answer by the Mepa investigators to give Victor Scerri the go-ahead for the spoliation of this splendid valley in spite of its level one protection status. Why? Because it is legal: "Apparently the permit is validly issued... This is a permit that was issued in 2000, nine years ago... I am trying to get Mepa to respond to the realities of today and for the future. We have an economic situation..."

For Heaven's sake, what does the economic situation have to do with this? How can Dr Gonzi even talk of the realities of today and the future and forget that this valley is going to be lost forever?

What seems to matter to Dr Gonzi is the law, only the law. If Dr Scerri has broken the law, Dr Gonzi will ask for the withdrawal of the permit and will ask the Nationalist Party president to resign. The big talk on the necessity of being sensitive to the environment, that ODZs will be tenaciously protected vanish into insignificance in contrast with the almightiness of the law.

Does it need to be said that legal systems everywhere are rife with loopholes, easy prey to the sly and wily. Facta lex inventa fraus, as the Romans discovered 2,000 years ago. Is the Prime Minister now intimating that this development is to be condoned if it is legal?

Should we admire Robert Musumeci because he is "consistently successful with applications with Mepa, despite there being a refusal by the case officer" and that "defending applications till the very end is precisely what my profession entails?"

Should we hold Mr Musumeci in high esteem because, with his "expertise and knowledge of planning procedures", he almost always persuades the DCC board to overturn the numerous valid objections of the case officers?

Does the Prime Minister expect us instead to denounce the case officers for their lack of knowledge of the law and reject their valid arguments conforming to the structure and local plans?

Should we shame them because in the Baħrija application they found the proposal so "objectionable in principle" that they felt no need to communicate with Mr Musumeci because the issues involved "cannot be addressed through revised drawings"?

If Mr Musumeci, with his expertise, managed to somehow avoid breaking the "body" of the law, the "spirit" of the law was manifestly mocked to such an extent that even the Directorate of Mepa remarked: "This is unacceptable as the safeguards that seek to protect the environment against urban sprawl are being bypassed through a succession of piecemeal applications resulting in a development that is by far in excess of the originally envisaged 'reconstruction of existing structures with very minor alteration to facilitate use'". Is this not tantamount to an accusation of irregularity (if not illegality)?

By what stretch of the imagination can this case be considered legally regular when the outline development permit for it was issued in the year 2000 "to reconstruct the existing structures with very minor alterations to facilitate use" and end up, eight years later, with a fully-fledged development for which no justification was given as required by the Structure Plan policies?

It was no whim that three NGOs called for the Prime Minister's direct intervention in this case and were backed by the more important environmental NGOs. They did it precisely because the case highlights the widely-known deficiencies within the Mepa structure that nobody can address. It is sheer nonsense that the directorate, with its corpus of case officers, experts on the intricacies of the policies of the Structure Plan, can be overruled by the DCC board, mainly composed of part-time government appointees.

That the Police Commissioner or Mepa itself should take up Dr Scerri's challenge to investigate whether he exerted any pressure is a waste of time and money. Everybody knows why. The Prime Minister knows this. But only he can put a stop to a damaging foregone conclusion. Yet, the early signs are that the way is being prepared for another deadly blow.

Still, the NGOs are neither crestfallen nor disheartened. They have a good case and an admirable cause and will pursue it to the end. If needs be, take it to the EU. It is high time the government stops paying lip-service to the NGOs and the interested public and starts listening carefully to the environment's present and future needs. The sensitivity here is still sorely lacking.

Sunday 21 June 2009

Fomm ir-Rih and coastal areas to be rendered accessible

From the Malta Independent 21st June 2009

‘Fomm ir-Rih and coastal areas to be rendered accessible’ – PS Jason Azzopardi
by ANNALIZA BORG

The lawyer of the Lands Department and the Bahrija Trust’s legal representative are to meet on 1 July to “amicably” discuss access to Fomm ir-Rih Bay, which to date cannot be enjoyed by the public because a path leading to the beach has been blocked.

Speaking to The Malta Independent on Sunday the Parliamentary Secretary in charge of Lands, Jason Azzopardi, said that the land in question was definitely private. However, a dispute on who is supposed to remove obstacles from the path is currently going on. Dr Azzopardi pointed out that the Government Property Division has left no stone unturned and hopes that good sense will prevail. In fact, GPD officials looked up records dating back 1715 in order to identify the owner of the land in question.

The case has been going on since last summer when the Ramblers Association of Malta lodged complaints and held protests that public access to Fomm ir-Rih Bay was denied. GPD carried out a complicated research process, which went on till April, and found out that the Bahrija Trust, administered by BOV, was in charge of the matter. The department thus sent a letter calling for them to clear the path. However, no reply was given.

In May, GPD filed a judicial letter and the Bahrija Trust said in reply some two or three weeks ago, that they had agreed to meet and discuss the matter.

Following the 1 July meeting, parties hope to reach agreement on how to restore the path leading to Fomm ir-Rih Bay.

However, if no agreement is reached, the government might take action against the different parties involved with the ultimate aim of making the area fully accessible to the public.

The Fomm ir-Rih case is not an isolated one because in September last year, Dr Azzopardi received complaints of an alleged illegal development close to Gnejna. Thus, the GPD decided to register a vast stretch of land between Gnejna and Bahrija since title of land was not clear. The stretch included foreshore and coastal areas.

In October, GPD started to receive cautions that substantial parts of the land were owned by the private sector. Individuals produced records and wills showing ownership of land, some even dating back to 1695, a century after the Great Siege.

Dr Azzopardi thus asked for specific legal advice on the way forward since after a tedious process of record verification, wills and claims seemed valid.

Only last week, the government was advised to return the privately owned land but not the foreshore.

Dr Azzopardi himself feels very strongly that the foreshore or coastal areas should remain government property and therefore accessible for public enjoyment, even though a particular individual has claimed that some of the foreshore belongs to his family.

Further details will be published in an interview with Parliamentary Secretary for Revenues and Lands, Jason Azzopardi in tomorrow’s issue of The Malta Independent



annaliza@independent.com.mt

Fomm ir-Rih Update

This results from the meetings between RAM and PS Jason Azzopardi, the last one on 16th June 2009.

From the Malta Independent on Sunday 21st June 2009


Fomm ir-Rih and coastal areas to be rendered accessible’ – PS Jason Azzopardi
by ANNALIZA BORG

The lawyer of the Lands Department and the Bahrija Trust’s legal representative are to meet on 1 July to “amicably” discuss access to Fomm ir-Rih Bay, which to date cannot be enjoyed by the public because a path leading to the beach has been blocked.

Speaking to The Malta Independent on Sunday the Parliamentary Secretary in charge of Lands, Jason Azzopardi, said that the land in question was definitely private. However, a dispute on who is supposed to remove obstacles from the path is currently going on. Dr Azzopardi pointed out that the Government Property Division has left no stone unturned and hopes that good sense will prevail. In fact, GPD officials looked up records dating back 1715 in order to identify the owner of the land in question.

The case has been going on since last summer when the Ramblers Association of Malta lodged complaints and held protests that public access to Fomm ir-Rih Bay was denied. GPD carried out a complicated research process, which went on till April, and found out that the Bahrija Trust, administered by BOV, was in charge of the matter. The department thus sent a letter calling for them to clear the path. However, no reply was given.

In May, GPD filed a judicial letter and the Bahrija Trust said in reply some two or three weeks ago, that they had agreed to meet and discuss the matter.

Following the 1 July meeting, parties hope to reach agreement on how to restore the path leading to Fomm ir-Rih Bay.

However, if no agreement is reached, the government might take action against the different parties involved with the ultimate aim of making the area fully accessible to the public.

The Fomm ir-Rih case is not an isolated one because in September last year, Dr Azzopardi received complaints of an alleged illegal development close to Gnejna. Thus, the GPD decided to register a vast stretch of land between Gnejna and Bahrija since title of land was not clear. The stretch included foreshore and coastal areas.

In October, GPD started to receive cautions that substantial parts of the land were owned by the private sector. Individuals produced records and wills showing ownership of land, some even dating back to 1695, a century after the Great Siege.

Dr Azzopardi thus asked for specific legal advice on the way forward since after a tedious process of record verification, wills and claims seemed valid.

Only last week, the government was advised to return the privately owned land but not the foreshore.

Dr Azzopardi himself feels very strongly that the foreshore or coastal areas should remain government property and therefore accessible for public enjoyment, even though a particular individual has claimed that some of the foreshore belongs to his family.

Further details will be published in an interview with Parliamentary Secretary for Revenues and Lands, Jason Azzopardi in tomorrow’s issue of The Malta Independent

Saturday 20 June 2009

Bahrija Valley Ruin 20 June 2009

NGOs welcome halt to Bahrija Development

di-ve.com by di-ve.com - editorial@di-ve.com
Local News -- 20 June 2009 -- 14:25CEST
The excavation for the 2-storey rustic house to replace 3 tool-rooms that is thought to be in excess of the excavation footprint permitted by MEPA, leading MEPA to stop the works pending investigations
Ramblers, Flimkien ghal-Ambjent Ahjar, NatureTrust and MOAM welcome the news that development on the Bahrija valley site has halted as investigations into the granting of the controversial permit take their course.

Reacting to remarks made by PN president Victo Scerri, the NGOs said that at no time was any reference made to the permit being issued after the election. It was other permits that were mentioned as being granted recently, referring to areas Outside Development Zone such as Wied il-Ghasel, contrary to Dr Scerri's impression that he had been singled out for attention.

"The NGOs have no interest in attacking any individual but choose rather to focus on the Development Control Commission which approves permits recommended for refusal by the Case Officer. The NGOs will also continue to challenge architects who specialise in obtaining dubious permits, regardless of which side they sit in Parliament," they added.

FAA, Ramblers and Nature Trust said that they are not against agricultural, infrastructural or other bona-fide development in the countryside which respects planned policy and environmental constraints as well as honouring European and international obligations.

The NGOs reiterated their positive response to the suspension of works and trust that a thorough investigation will be carried out by the MEPA Auditor whose role it is to investigate such cases and who enjoys the trust of all. They furthermore call on MEPA to handle this matter speedily so that justice will be done to all parties.

Friday 19 June 2009

The Times: 'Stop Baħrija valley ruin'








A protest was held in Baħrija valley yesterday against the construction of a farmhouse. Photo: Darrin Zammit Lupi.

'Stop Baħrija valley ruin'

A couple of hundreds of people gathered in Baħrija's main square yesterday to protest against the construction of a farmhouse belonging to Nationalist Party president Victor Scerri, which they claimed destroyed the pristine valley below.

The protestors led by the Ramblers' Association, Flimkien Għal Ambjent Aħjar and Nature Trust walked silently all the way down to the site where excava- tion works are in an advanced stage.

The construction is taking place in a scheduled area outside the development zone and barely two metres away from the watercourse at the bottom of the valley.

The environmental groups re-iterated their appeal to the Prime Minister to interveneand stop the permit, which they claimed was issued by the Malta Environment and Planning Authority in breach of its own policies.

The protest was attended also by Labour MEPs Edward Scicluna and Joseph Cuschieri, Nationalist MEP candidate Alan Deidun, various Labour MPs including environment spokesman Leo Brincat, Rabat mayor Sandro Craus and Azzjoni Nazzjonali spokesman John Spiteri Gingell.

Protestors carried various placards some of which read: "Where have the strong pair of hands gone?"; "Musumeci, Green Politician of the Year"; "Outrageous development zones"; "Do you want to build in the countryside? Phone Mepa now".

In a brief address, Astrid Vella for the FAA recalled the Prime Minister's commitment that the rationalisation of development zones undertaken in 2006 had to "seal" the areas where development could take place and that no more permits in ODZs would be issued.

She said what was happening in Baħrija was symptomatic of dev-elopment trends in other parts of the islands where developers were applying for permits in ODZ areas and getting them.

The president of the Ramblers' Association, Lino Bugeja said this was the "fourth summer of discontent" for his association in relation to the Baħrija valley after having fought for public access to the foreshore in the same area.

Without mentioning the Prime Minister by name, Mr Bugeja asked whether his "silence" meant that he approved of the project.

Similar to what happened during a press conference last Wednesday, the architect of the development, Robert Musumeci, also came under fire.

The case, first raised by the Labour Party during the European Parliament election campaign, was recommended for refusal four times by the planning authority's technical officers between 2000 and 2007 but different boards eventually approved it. The protestors said they could not understand Mepa's behaviour since every case officer's report had listed tens of reasons against the granting of the permit.

The project is a three-roomed farmhouse, for which Dr Scerri obtained permission to demolish and rebuild despite initial objections by Mepa for the partial demolition of the old farmhouse.

In a statement, Dr Scerri insisted that the work being carried out in Baħrija had all the necessary permits and had followed the normal process that went on for a number of years.

Throughout this period, no protests had been made according to procedures and these had only started now that the formal process had come to an end.

The place for protests, Dr Scerri said, was in the institutions that had the responsibility and authority to regulate matters and their time was during the evaluation and decision process.

It was an injustice to allow the process to end without saying anything and then to use the fact that he was involved in politics in order to reach particular aims. His case, he said, had been treated at a technical level and at no time was his involvement in politics been influential. The whole affair took a new twist on Monday when Dr Scerri wrote to the Police Commissioner and Mepa chairman asking them to investigate claims that he exerted undue pressure to be granted permits for his land in Baħrija.

Mepa chairman Austin Walker confirmed he would be investigating the claims made by Dr Scerri. He said: "It is within my competence to investigate the matter internally but it is too early to reach a conclusion. The outline development permit was issued in 2000, so I have to go back and look at all stages of the case".

Wednesday 17 June 2009

Bahrija Valley Development

Please find the statements issued to the press during the press conference today, Wednesday 17th June, 2009

Ramblers’ Association Statement:

Nixtiequkom gentilment twasslu lil-poplu Malti l-ispjegazzjoni ghaliex qeghdin niddeploraw il-hrug ta’ permess mill-Board tal-MEPA biex jinbena abitat gol-qalba tal-wied tal-Bahrija. Wahda mill-iskuzi li nghatat favur dan il-hrug kienet li matul is-sitt snin li fihom saru l-erba applikazzjonijiet ghal bini ebda oggezzjoni ma saret kontrihom, minkejja il-fatt li in-notifiki gew allegatament imwahhla ma hajt ta’ post sdingat.

Dan xejn ma hu minnu, ghaliex oggezzjonijiet saru fuq li saru. Ma sarux mill-pubbliku jew mill-ghaqdiet filantropici u ambjentali ghax mhux id-dover taghhom li jghassu lil min imhallas biex suppost jghamel l-affarijiet sew u skond id-direttivi. Imma saru propju minn min hu mghallem u imhallas appuntu ghalhekk – id-direttorat tal-MEPA. Infatti jekk wiehed jifli l-erba applikazzjonijiet li saru mis-sena 2000 sas-sena 2006 isib li l-uffijali tad-direttorat ghamlu record ta’oggezzjonijiet professjonali kontra dan l-izvilup. Mhux kontestazzjonijiet frivoli imma argumenti sodi ibbazati fuq principji u direttivi validi mehudin mil-Pjan ta’ Struttura li jirregola l-izvilup sostenibbli tal-pajjiz.

L-istorja tal-kas tibda fis-sena 2000 meta saret applikazzjoni 02835/00 ghal “outline development permission” ghar-rihabilitazzjoni u estenzjoni ta’ binja rurali mhux uzata. Dan il-permess gie rifjutat mill DCC Board principalment ghaliex ma jaqax f’zona ta’zvilupp u ma kienx ta’ bzonn essenzjali la ghall-agrikoltura, la ghall-ekologija u lanqas ghall-valur visiv, kif jitlob il-Pjan ta’ Zvilupp.. Mhux biss, id-direttorat sab li din l-applikazzjoni tikser mhux anqas min17-ildirettiva ta’ l-istess Pjan.

Filwaqt li rrifjuta l-applikazzjoni, id-DCC laqa’ t-talba ghal rikunsiderazzjoni u l-permess hareg minghajr ma ma tidher ebda spjegazzjoni. B’hekk issa is-sit gie kopert bl-outline permit PA2835/00 “To reconstruct the existing structure with very minor alterations to facilitate use”

Sfaccatamnet l-applikant rega’ talab (PA06321/02) ir-rihabilitazzjoni tal-abitazzjoni esistenti, pero gew sottomessi pjanti ghad-demolizzjoni totali tal-istruttura esistenti, u mhux ta’ rihabilitazzjoni. Kien kas car ta’irregolarita,’ minbarra il-fatt li jikser is-17-il direttiva ta’ qabel. Id-Direttorat mal-ewwel induna b’din l-irregolarita’ u l-ksur tad-direttiva PLP20 u ghalhekk irrakkomanda li l-applikazzjoni tigi rifjutata.

Ghat-tieni darba d-Direttorat ma gie ikkalkolat xejn. Bla kliem u bla qies id-DCC hareg il-permess ghall-izvilupp mitlub. Tant ghagglu jew ma kienux jafu x’qed jaghmlu tad-DCC li filwaqt li taw permess ghal-demolizzjoni totali, fil Restoration Method Statement: PA2835/00/42 nizzlu l-kundizzjoni li d-demolizzjoni ghanda tinzamm minima u li jekk isir bini gdid totali jew il-bini gdid ikun sostanzjali, dan il-permess ta’ zvilupp jintilef. Kundizzjoni ohra kienet li l-footprint esterna totali ma teccedix il-95 metru kwadru u lj is-sit koinvolt ma jeccedix il-134 metru kwadru.

Allura bl-applikazzjoni 05846/04 intalab tibdil fil-kundizzjonijiet rilevanti. Hawn id-direttorat ma setax ma jiblax kollox halli jghatti l-izball tad-DCC. Hekk dan il-permess hareg ukoll.

L-ahhar applikazzjoni 07719/06 lahqet il-qofol tal-misthija ghaliex gie propost, permess ta’ pjanti riveduti, li jsiru emendi ghal-permess ta’ 2002 biex tikber il-footprint u anke il-floor area, minhabba precedenti f’diversi decizjonijiet tad-DCC fejn gew accettati estensjonijiet f’abitazzjonijiet fl-ODZ sa massimu ta’ 200 metru kwadru. Mela l-applikant talab li min 95 metru kwadru l-footprint titla’ ghal-137 metru kwadru u li min 134.44 is-sit koinvolt jitla’ ghal 198 metru kwadru. Id-Direttorat innota li ma nghatat ebda gustifikazzjoni ghal din l-estensjoni. Imma bla dubju ta’ xejn il-perit deherlu li issa li is-sit ser jinbena totalment mill-gdid ma ghandux jibqa l-irbit tas-sit antik distrutt.

F’erba’ pagni shah id-direttorat jelenka is-17-ildirettiva mill-Pjan ta’ Sruttura applikabbli ghal dan is-sit. Jzid maghhom 18-il direttiva ohra mil Pjan Lokali (NWMLP) miksurin min dan l-izvilupp. Itenni li is-sit huwa protett fl-aktar livel gholi ghall-Importanza tieghu Ekologika u Xjentifika u ebda zvilupp ma ghandu jigi permess jekk mhux wara Environment Impact Assessment sodisfacenti, approvat mill-Awtorita. Jirrimarka,b’rabja li thossha: “Dan mhux accettabbli ghaliex il-provvedimenti li jipprotegu l-ambjent min zvilupp mhux xieraq qed jigu evitati b’successjoni ta’ misuri parzjali mehudin fuq tul ta’zmien li allura jgibu zvilupp li jeccedi sew dak li kien intenzjonat originarjament ta’ “reconstruction of existing structures with very minor alteration to facilitate use”

Hawnhekk id-Direttorat jidher li ried icanfar lil-Perit Robert Musumeci ghal-makakkerija tieghu biex jotjeni dak li mhux permess skond id-direttivi.

Fil-konkluzjoni d-Direttorat joggezzjona ghaliex il-perit ried jamenda il-permess PA06321/02 li ma kienx ghadu izjed validu, ghax dahal floku PA05846/04, liema permess igorr mieghu il-kundizzjoni tal-kejl originali li allura bid-dritt ghandu japplika. Minhabba li il-proposta tal-perit kienet fundamentalment oggezzjonabbli d-Direttorat ma ghamel ebda komunikazzjoni mal-perit Musumeci ghax ma kienx kas li jissolva simpliciment bi pjanti riveduti. Id-Direttorat ta’ lista twila ta’ ragunijiet validissimi ghaliex qed jirrakkomanda li l-applikazzjoni tigi michuda.

Din l-istorja turi bic-car li l-istruttura tal-MEPA iddeterjorat tant li min hu makakk fil-proceduri ghandu l-ikbar cans li jdawwar decizjoni. Perit mharreg sew fil-proceduri u il-mankamenti evidenti fi hdan il-MEPA, jista’ ikisser ir-rakkommandazzjonijiet ta’ min hu mghallem u struwit fix-xoghol tieghu. Bhal-avukat tajjeb fil-qorti bit-tghawwig legalistiku u ir-retorika tieghu jinfluwenza u jdawwar kif irid il-gurija nieqsa min taghlim legali, hekk wkoll perit li ghawwar fil-proceduri u fir-regolamenti tal-MEPA ixejjen ghal-kollox dak li id-difensuri tas-sewwa ikunu irrakkomandaw. Applikazzjonijiet mal-MEPA saru loghba ghal periti li huma kapaci izebilhu dawn id-direttivi.


--------------------------------------------


Nature Trust Malta statement

Case History (NTM): CORRESPONDENCE BY NATURE TRUST (MALTA)

Sent to MEPA:
1. 26th February 2009 to NPU and EPD
Dear Sir or Madam,
We would like to enquire whether the development below is being monitored as it is located in an extremely sensitive site just adjacent to the protected Maltese Freshwater Crab and a unique watercourse.
We would like to receive a copy of the conditions imposed on such a development and what mitigation measures are being taken to ensure that no debris (from the current digging works) falls into the stream below. Moreover we would like to be assured that no artifical lighting will be introduced in the area as a result of this development permit.

07719/06Site at, Wied Tal-Marca, l/o Bahrija, Rabat Amendments to approved permit PA 6321/02 (to rehabilitate dwelling).Ms Marthese Said

2. Sent again on 3rd March to ENF, NPU and EPD.

3. 24th March to NPU, WFD
Nature Protection Unit MEPA
Water Framework Directive
MEPA

Further to our email below to EPD and NPU dated 26th February, please find attached photos of the area. These have also been sent to the press.
We are deeply concerned with the site’s deterioration over the years and would like to ask whether any monitoring and sampling is being done on site considering this is a unique habitat and one of the few sites supporting the protected endemic freshwater crab, a good number of the protected Painted Frog as well as rare plant species.
The concerns are in connection with:
· A permit which was granted (Outside Scheme) PA/07719/06 adjacent to this site – please refer to email below. Has any mitigation against sediment overspill been taken?
· Lately water seems to have more algae growing in it which could possibly be a sign of excess nitrates
· Part of the watercourse has had a small diversion – previous running water where crabs used to be abundant has now turned into almost stagnant water

We hereby request that the following be looked into for possible infringements:
1. DPA GN 63 and 400 of 1996
2. The Habitats Directive
2. The Water Framework Directive

Skedat: Level 1 . GN 63/96; 400/96


A.L. 311 ta’ l-2006 Regolamenti ta’ l-2006 dwar il-Protezzjoni tal-Flora, Fawna u Ambjenti Naturali

Query: What were conditions imposed for nature protection?
Was appropriate assessment carried out? If not, how was it decided it wasn’t necessary?

14 (2) L-Awtorità Kompetenti g[andha tieħu dawk il-passi biex
fis-siti protetti, tkun evitata d-deterjorazzjoni ta’ l-ambjenti naturali u lambjenti
ta’ speçi, kif ukoll id-disturb ta’ l-ispeçi li minħabba fihom i]-
]ona ;iet indikata b[ala tali, kemm il-darba dan id-disturb ikun sinifikanti
in relazzjoni ma’ l-objettivi ta’ dawn ir-regolamenti.

14 (5) L-Awtorità Kompetenti g[andha tippromwovi u tinforza
t-tmexxija u l-użu b’mod sostenibbli tas-siti protetti, u dan skond ilkategoriji
ta’ protezzjoni fi [dan is-siti protetti>
B 4230
I]da tali tmexxija jew u]u m’g[andhomx jikkompromettu listruttura
u l-funzjoni tal-biodiversità, inkluż żoni fl-art, żoni mal-kosta,
art mg[addsa u l-kolonna ta’ l-ilma li magħhom huma assoçjati.

(Ekwivalenti ghal 13. (1) ta 257 of 2003):
19. (1) Meta, fl-opinjoni ta’ l-Awtorità Kompetenti, applikazzjoni ghall-kunsens mag[mula taht dawn ir-regolamenti, tikkonçerna operazzjoni jew attività li hi, jew tifforma parti minn pjan jew progett li
(a) m’huwiex direttament konness ma’ jew neçessarju ghat-tmexxija ta’ sit protett, u
(b) x’aktarx ikollha effett sinifikanti fuqha, kemm individwalment kemm flimkien ma’ pjanijiet jew progetti ohra, l-Awtorità Kompetenti ghandha taghmel, jew tobbliga lill-applikant biex jaghmel, evalwazzjoni adatta, fuq l-implikazzjoni ta’ l-operazzjoni jew attività fuq is-sit tenut kont ta’ l-ghanijiet tal-konservazzjoni tas-sit. U

(3) Meta l-Awtorità Kompetenti taghti l-kunsens taghha taht
dan ir-regolament, hija ghandha tiehu dawk il-mizuri kompensatorji
kollha biex tara li l-koerenza generali tan-Network Natura 2000 tkun
protetta. L-Awtorità Kompetenti g[andha tavza lill-Kummissjoni bil-mizuri kompensatorji addodatti.

23. (1) L-Awtorità Kompetenti tista’, meta tqis il-provvedimenti
ta’ dawn ir-regolamenti u kunsiderazzjonijiet ohra ta’
sustanza, b’avviz notifikat lis-sid jew lil min jokkupa dak is-sit, teztie;
li xi uzu jew attività jew xogholijiet jieqfu jew li xi bini, impjant, attrezzi
jew haga ohra hi x’inhi tigi mnehhija mis-sit, jew te[tie; kemm dak ittwaqqif
kemm dik it-tnehhija.
(2) Meta ordni ghat-twaqqif jew tnehhija ssir dwar hidma,
xoghlijiet jew uzu jew bini, impjant, attrezzi jew haga ohra li tkun qed
issir jew li tkun te]isti skond il-li;i fuq is-sit msemmija fl-avvi] qabel
il-bidu fis-se[[ ta’ dawn ir-regolamenti, jew li jkun inbeda jew beda
je]isti wara l-bidu fis-se[[ ta’ dawn ir-regolamenti skond permess g[alli]
vilupp mog[ti ta[t l-Att dwar l-Ippjanar ta’ l-I]vilupp, l-Awtorità
Kompetenti jkollha l-obbligu li t[allas kumpens g[al kull telf li persuna
ssofri min[abba l-avvi]>
I]da kull benefiççju li jo[ro; mill-istess avvi] g[andu ji;i
mnaqqas mit-telf hawn qabel imsemmi.

Speċi:
25 (ç) id-distruzzjoni u d-deterjorazzjoni ta’ siti ta’ tnissil jew
postijiet ta’ mistrie[ g[al dawk l-annimali elenkati fi Skeda V(a) u
VI(a) ta’ dawn ir-regolamenti hu projbit<

26. (1) L-ispeçi endemiçi kollha huma protetti, bl-eççezzjoni
ta’ dawk l-ispeçi elenkati fi Skeda X ta’ dawn ir-regolamenti.

33. L-Awtorità Kompetenti g[andha, kemm hu possibbli u
skond il-ka]>
(a) tirrijabilita u tirrestawra ekosistemi degradati u
tippromwovi l-irkupru ta’ speçi li jkunu mhedda, inter alia,
permezz ta’ l-i]vilupp u l-implimentazzjoni ta’ pjanijiet jew
strate;iji ta’ mani;;ar o[ra<
(ç) tag[mel sforz biex tipprovdi l-kundizzjonijiet me[tie;a
g[all-kompatibilità bejn u]u pre]enti u l-konservazzjoni taddiversità
biolo;ika u l-u]u sostennibbli tal-komponenti tag[ha.

Skeda III
ANIMAL AND PLANT SPECIES OF NATIONAL INTEREST WHOSE
CONSERVATION REQUIRES THE DESIGNATION OF SPECIAL AREAS OF
CONSERVATION: QABRU

Skeda V
ANIMAL AND PLANT SPECIES OF COMMUNITY INTEREST IN NEED OF
STRICT PROTECTION: Including Hedgehog, Chameleon, Painted Frog

Skeda VI
ANIMAL AND PLANT SPECIES OF NATIONAL INTEREST IN NEED OF STRICT PROTECTION: Ballottra, Qabru

Structure Plan:
POLICY RCO 27: Developments which involve the excavation of significant quantities of Blue Clays will not be permitted.
Query – sar moniteraġġ?
POLICY RCO 28: Valleys will continue to be protected as important water catchment areas.
POLICY RCO 29: No new physical development will normally be allowed on the sides of valleys and especially on valley watercourses except for constructions aimed at preventing soil erosion and the conservation and management of water resources.

LN 194/2004 Water Policy Framework Regulations :
Sit protett MT 301 Bahrija Valley System
Article 8(1): monitoring of water status by Nov 2006

Query: Hydrologist advice?Kif se jiġi affetwata is-sistema idrodinamika tal-wied li diġa batuta?

Case officer report:

Buffer Zone - Area of Archaeological Importance (GN278/98)
· Watercourse at Wied il-Bahrija & Wied Rini, from il-Ponta tal-Qlieghi to ta’Derfila – Level 1
Site of Scientific Importance and Level 1 Area of Ecological Importance (GN63/96 & GN444/95)
· Coastal Cliffs – Level 2 Area of Ecological Importance (GN400/96)
· Special Area of Conservation – International Importance (LN257/03 & GN223/05)














---------------------------------



Flimkien ghal Ambjent Ahjar declare:

FAA would like to stress yet again that the NGOs here are not against development, even in the countryside, as long as it is legitimate, however regrettably this Bahrija permit is not an isolated case but one of many out of development zone (ODZ) permits that continue to flow out of MEPA in spite of all the promises that development in the countryside will be stopped.

One loses count of all the valleys that are currently threatened by development or have recently suffered partial or total destruction. These include the Nadur Cemetery site, Ghadira and Wied Ghajn Zejtuna at Mellieha, Wied il-Ghasel Mosta, Telgha ta' Alla u Ommu San Pawl tat-Targa, Wied Incita Attard, Wied Garnaw Sta Lucia, Wied il-Kalkara as well as the open space at the Marsascala public garden. How much longer are we going to see damaging applications repeatedly refused by the MEPA Directorate, only to be overturned by the DCC boards?

Why is it that applications that are refused to most architects are then granted to a small number of architects who seem to have extraordinary powers to have permits approved at DCC, reconsideration and appeal stage? A case in point is the 23 applications that were refused to Perit Musumeci by the Case Officer in 2005 but subsequently all accepted by these boards.

Why should we be living in a two-tier society where some have to obey to within an inch of the law, while others are aided in sidestepping the law by architects who are politicians on both sides of the house, the very people who one would expect to uphold the law? What does that reflect on our political parties?

Why is it that recent changes at MEPA made it even more difficult for the public to access information on the MEPA website and why is the public being denied its legal right to view application forms? How much longer are we going to hear that MEPA only considers trees to be of value if they are of a protected species forming part of an protedcted woodland, while trees in gardens and fields are not protected. Why must we sit back and watch beautiful green areas destroyed by chainsaw while MEPA refuses to take action until everything is destroyed, and then claims that it can find no evidence of protected flora and fauna, as was the case when what was left of the beautiful green Kalkara valley was razed to the ground last month?

How many more cases of institutionalised abuse are we going to see before MEPA reform finally takes effect, and can the public be blamed for feeling that in spite of all the promises, MEPA is still hand in glove with developers?

Monday 15 June 2009

STOP THE ABUSE - BAHRIJA, THURSDAY 18th JUNE AT 6.30pm

To all who have the Maltese Environment at Heart.

In August 2006 the Authorities justified extending the development zones with promises that it would limit building in the countryside. Since then, permits for non-agricultural buildings have continued to be issued, the latest being the scandalous permit to build a house in the protected area of Bahrija.

On Thursday 18th June the Ramblers' Association, Flimkien ghal Ambjent Ahjar and NatureTrust are organizing a walk in protest against this development, meeting at 6.30pm at Bahrija Square near the swings. From there we shall walk the short distance to the valley to see the abusive development that will destroy forever this important natural heritage site.

This development should never have been permitted Outside Development Zone and is an affront to public morality as it violates no less than 16 Structure Plan policies and regulations relevant to rural areas, showing MEPA DCC's disrespect and utter insensitivity towards the environment.

Our walk is also intended to highlight other issues like the lack of MEPA enforcement, the changes to the MEPA website to favour developers' interests and the long delay in MEPA reform. Government has given much publicity to environmental principles; this protest walk is meant to demonstrate that Government does not practice what it preaches.

Please help the NGOs deliver the message by circulating this message to all your contacts and coming to the walk, bringing many of your friends and family with you. For all those using public transport, a free shuttle service is being organised from the Roman Villa in Rabat to Bahrija. The service to Bahrija will start at 5.15pm with the last journey at 6.15pm. After the protest rally the service back to Rabat will be provided.

If you care to preserve the little that remains of our fast-fading countryside for yourself and for posterity, and are outraged by these flagrant violations of MEPA regulations, do not miss this chance.

Our combined efforts can yield results.

Ramblers' Association - Flimkien ghal Ambjent Aħjar - NatureTrust

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Lil kul min andu l-ambjent ghal qalbu

F'Awissu tal-2006, l-awtoritajiet kienu ġġustifikaw l-estensjoni taż-żoni ta' żvilupp billi wiegħdu li dan jillimita bini fil-kampanja. Minn dak iż-żmien 'l hawn, permessi għal bini mhux agrikolu, mhux talli baqgħu joħorġu, imma issa ħareġ ukoll permess skandaluz biex tinbena dar fiż-żona protetta tal-Baħrija.

Nhar il-Ħamis 18 ta' Ġunju, ir-Ramblers Association, Flimkien għal Ambjent Aħjar u NatureTrust, ser jorganizzaw mixja ta' protesta kontra dan l-aħħar żvilupp li tibda mill-pjazza tal-Baħrija, fejn hemm il-bandli, fis-6.30 pm. Min hemm ser ninzlu sal-wied biex naraw dal-iżvilupp li ser jeqred għal dejjem das-sit ta' wirt naturali.

Dan il permess ta' Barra ż-Żona ta' Żvilupp qatt ma jmissu nħareġ. Joffendi l-moralità pubblika billi jikser mhux anqas minn sittax-il regolament tal-Pjan Strutturali waqt li jerġa jaffirma n-nuqqas ta' rispett u sensitività lejn l-ambjent minn naħħa tal-bordijiet tad-DCC tal-MEPA.

Il-mixja għandha wkoll il-ħsieb li tiġbed l-attenzjoni lejn nuqqasijiet oħra minn naħħa tal-MEPA bħal ma huma tibdil fil l-website tagħha biex tgħin l-iżviluppatur kif ukoll id-dewmien fir–riforma mwiegħda ta' l-istess MEPA. Il-gvern tkellem ħafna dwar il-prinċipji li għandhom jirregolaw l-ambjent; din il-mixja għandha l-għan li turi kemm kliem il-gvern hu mbiegħed mill-fatti.

Nitolbukhom li tgħinu tippreżervaw il-kampanja billi xxerdu dan il-messaġġ u tħajjru lill-ħbiebkom jipparteċipaw f'din il-mixja magħkom u mall-familji tagħkom. Ghal min juza it-transport pubbliku, ser nħejju servizz tat-trasport b'xejn bejn ir-Rabat u l- Baħrija. Is-servizz ser jitlaq min fejn il-Villa Rumana, Rabat, mill-5.30pm sas-6.30. Wara l-protesta s-servizz ser jkun provdut lura lejn ir-Rabat. Titilfux daċ-ċans biex turu li għandkom għall-qalbkom il-kampanja Maltija, li tinstab mhedda serjament u li tixtiequ tippreżervaw dak li fadal għalikhom u għall-uliedkom.

Flimkien kollox possibbli.

Ramblers' Association - Flimkien ghal Ambjent Aħjar – NatureTrust

cid:image001.jpg@01C9ED67.CDC95CF0






Saturday 13 June 2009

Delli Majjiesa Walk 13th June 2009

One of today's walks, organised on the occasion of World Environment Day.

Walk Leader: Romano

Duration: 2:45

Some photos below.


Ix-Xaghra l-Hamra on the way to the Delli cliffs area.



Viewa from Delli





Making our way through the boulder scree


Seaside views


Our friend Joe







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Delli Majjiesa Walk 13th June 2009

More photos, courtesy of Mary Attard.