‘Loophole’ paves way for maligned M’skala development
James Debono
Marsaskala residents are up in arms against a 29-apartment development in an open space, presently used a deck area by the Etvan Hotel, between Triq il-Bahhara and Triq is-Salina.
The development, which will come with 50 garage spaces, was granted a preliminary outline permit in February and the developers have now applied for a full permit.
Previously zoned as a green area where no development was allowed according to the 1988 temporary provision schemes, the site was re-zoned as “a public urban open space” by the local plan approved in 2006.
But the local plan left a loophole for development to take place “below the public urban open space” – set at the upper level of Triq il-Bahhara which is 10.5m above Triq is-Salina.
In this way the proposed public urban space will be have to be stepped in various levels to respect the slope in Triq il-Bahhara, leading to a proposed landscaped public open space created on the roof level of the apartments.
Despite an illegal boundary wall, which is at present subject to an enforcement order, MEPA still issued an outline permit for the development. An official circular forbids MEPA from approving a permit when any part of the site of development is the subject of illegalities. The development control commission (DCC) had already stated its intention to refuse the permit for this reason.
But the Planning Directorate argued that the boundary wall “would still then be demolished to be replaced by the proposed development once the full development is approved.
This view was confirmed by MEPA’s legal advisor, who argued that “even though there is an illegality on the site, the proposed development will remove the illegality” and that “it has always been the position of MEPA to process outline permits even if there is an illegality on site.”
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