Political interference, or legitimate opinion? JAMES DEBONO presents a list of sizzling cases investigated by MEPA’s beleaguered auditor Joe Falzon
The Qala School A substantial part of a school in Qala, Gozo, described as “a benchmark in the history of modern architecture”, was demolished two weeks after a damning report by Joe Falzon. The Auditor accuses MEPA of “gross act of vandalism” denouncing “ulterior motives and possible undue pressure on the case officer from external or internal sources.”
Xemxija landslide When a site in Xemxija collapsed because of nearby works connected to a Polidano project, MEPA auditor Joe Falzon’s report into the landslide found that MEPA had not taken any action against the developers, and insisted Polidano should be held responsible to restore the road.
Hola Beach An illegal gate blocking access to Polidano’s private beach in Marfa. Falzon reprimanded MEPA for not clamping down on this contravention.
San Dimitri Fireworks Factory The MEPA auditor upheld a complaint by MaltaToday regarding the construction of a fireworks factory near the Saint Dimitri chapel in Gharb, Gozo, arguing that the process resulting in the permit’s approval was “superficial”. The auditor rebutted the case officer’s conclusion that no studies were required to assess the impact of an explosion simply because an explosion had already taken place in 2005. “How did he know that this was the most massive explosion possible? Is it not possible that a repeat of the accident can take place, but of more massive proportions which will cause damage to the chapel and other archaeological remains in the vicinity?” Falzon asked.
Sliema Mosque In 2005 Falzon rapped MEPA for not taking enforcement action against an illegal mosque in Sliema. In his report Falzon concludes that if a place is open to the general public for specific times of the day, where anybody can enter and participate in the activities carried out, whether religious or otherwise, then a change of use application is necessary.
Oriana Hotel A permit for the construction of this Qawra hotel, complete with an underground tunnel, was refused by MEPA in 1998, but the development still took place. The case was left in abeyance until the auditor unearthed it. Falzon stated that during the course of investigation, the audit office discovered that “a seven-storey hotel could be built, rendered operational and remain so for 10 years without any form of building permit.” The report also scolded the Lands Department for allowing illegal development to be carried out on public land which consisted of a tunnel linking the old Topaz Hotel with the illegal extension on the other side of the road. MEPA only issued an enforcement order in 2006 after the auditor’s report. The enforcement order is still pending.
The Ta’Qali Tent Joe Falzon revealed that MEPA chairman Andrew Calleja had met with the developers of the Ta’ Qali convention centre to discuss permits for the enormous tent to be set up at the national park. Falzon questioned the practice of the chairman meeting with developers in the presence of MEPA’s executive officials, saying that it sent a mixed message to employees in such meetings, who could interpret anything said by Calleja as an order.
Burmarrad Ridge A note written by MEPA’s former director-general Godwin Cassar was misunderstood by a case officer as an order to recommend the sanctioning of an illegal villa build on a ridge in Burmarrad. The auditor contends that as a result of a misunderstanding “we gave the developer at least half a million pounds – the estimated value of the property.” The case officer defended her actions by referring to note written by MEPA’s director of planning wherein he queried the negative recommendation. According to Falzon this note was wrongly interpreted by the case officer as a rhetorical question indicating that the application should be accepted.
Ramla Bay Development Another case to attract the auditor’s attention involved a meeting between the Prime Minister’s former representative on the board, Leonard Callus, and the developers of Ulysses Lodge in Ramla l-Hamra, Gozo. Callus, who remained silent throughout the meeting, afterwards said he had organised the meeting only to “identify once and for all what is legally required from the applicant”. Callus himself asked MEPA to make the report available to the press.
Sylvana Debono Falzon slammed the authority’s former public relations officer for trying to divert attention from public criticism on MEPA’s disregard for heritage considerations, by exposing two unrelated enforcement orders issued against a Green party spokesperson and a couple from Hamrun. “MEPA should refrain from answering criticism in the press by trying to judge the motivations of its critics. It should limit itself to the facts stated and nothing else,” the auditor said.
Lidl Supermarket (Luqa) Falzon started his investigation after the original owner of the land complained that his request to develop the same land had been turned down on three occasions by MEPA. Subsequently he sold his land to Charles Polidano, who found no difficulty in obtaining the development permit requested. “While in the case of the previous applicant the objections presented by the Civil Aviation Department led to its rejection, the same objections were dismissed simply because other developments exist in the area,” Falzon told MaltaToday.
Lidl Supermarket (Safi) In a report endorsed by the Prime Minister a few days before the election, Joe Falzon concluded that since the project was so extensive, it should have been covered by an Environmental Impact Assessment. The MEPA auditor said the approval gave rise to “the most serious concern”, since the DCC “chose to ignore all the relevant approved policies and approve an application without in any way justifying its actions based on approved policies”.
Mistra Disco The proposed development of a disco on land belonging to Nationalist MP Jeffrey Pullicino Orlando was the only Auditor report to be requested and published directly by Prime Minister Lawrence Gonzi. The report described the DCC A’s decision to approve a permit for the conversion of land in Mistra into a disco as a “gross irregularity.” After a public outcry, the permit was revoked by MEPA.
Safi mayor’s pigsty Another outline permit rapped by the Auditor was that granted to Safi’s Nationalist mayor Peter Paul Busuttil to construct a bungalow with swimming pool outside the development zone. Falzon lambasted MEPA’s policy document– Policy and Design Guidance: Agriculture, Farm Diversification and Stables – as “a recipe for abuse”.
This policy states that an existing farm building may be converted to a dwelling subject to a number of conditions. According to Falzon, all a developer needs to convert a farm into residential units is a document from the Director of Veterinary Services that the building cannot be used for agriculture.
“The ease with which the applicant of the case under consideration obtained the required certificate clearly indicates what is likely to happen.”
Falzon also questioned the motives behind this policy and called on the Authority to revoke it. “Maybe it was intended to provide a possibility for those who wanted to obtain a dwelling in the countryside – at the expense of society which has to put up with more urban sprawl in a countryside which is continuously diminishing.”
Victor Scerri’s Bahrija Villa Following an investigation requested by the former PN president Victor Scerri himself, Joe Falzon revealed that members of DCC were bent on seeing the application approved, irrespective of any policies. In his report, published by the government, the auditor general said: “The assessment of this application, particularly by the DCC, should read: ‘How to damage the natural environment with the blessing of the authorities responsible to safeguard it’.”
He added that: “the extreme arrogance shown by the DCC in ignoring all policies and advice from the properly constituted bodies of Mepa without giving any plausible justification for such action is unbelievable. The auditor goes on to say that the submission of the application “was a puerile attempt at misleading Mepa”.
The applicant, he said, described the existing buildings on site as an existing dwelling when the photographs submitted indicated a building in a state of partial collapse.
Xerri’s Complex, Qala Falzon blasted the local plans for designating a restaurant and an adjacent dwelling as a large rural settlement, paving the way for the approval of a residential complex on a very prominent ridge visible from a long distance away. The auditor also questioned the DCC’s board decision to allow the development of an additional basement.
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