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James Debono
A report issued by ombudsman Dr Joseph Said Pullicino last week endorsed the main conclusions of a report issued by MEPA’s audit office in November on the re-zoning of part of Santa Marija Estate in Mellieha.
The report deals with MEPA’s decision to allow the building of apartments in one area of the Santa Marija estate.
In November, the Audit Office declared that “MEPA failed to consult with the public on the substantial amendments and additions which were carried out to the Draft Local Plans after the original drafts was issued for public consultation.”
In the latest report issued last week, the ombudsman states that MEPA applied a very restrictive interpretation of the Development Planning Act by limiting public consultation to the very initial stages. In so doing, according to the ombudsman MEPA had respected neither the letter nor the spirit of the law.
The earlier draft local plan issued for consultation in 2002 never made any reference to the development of apartments in Santa Marija Estate. Residents were only asked to submit representations at this stage.
But the newly approved plan of August 2005 effectively paved the way for the development of apartments in an area previously earmarked for villas.
According to auditor Joe Falzon, MEPA was obliged to consult the public with regard to the preparation of a local plan on a substantially wider scale than that applied by MEPA in this case: “MEPA is obliged to make known to the public the matters it intends to take into consideration”.
He also insisted that this duty is not restricted to the first draft plan, but holds for the entire period of preparation, spanning from the initial drafting-up to the final approval.
MEPA has always cited legal advice stating that it had applied the law correctly.
Replying to the auditor’s report in November, Environment Minister George Pullicino confirmed that he took supplementary legal advice, confirming the law has been observed and adhered to during the whole process involving the finalisation of the local plans – the guidelines to development in Malta.
In his report, the ombudman expressed his disagreement with MEPA’s legal advise. But the ombudsman does not accuse MEPA of misadministration, insisting that this can only be determined by the law courts.
jdebono@mediatoday.com.mt |
