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MEPA Watch | Sunday, 11 April 2010

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Robert Musumeci’s analysis of MEPA decisions

The Dwejra boathouse applications
Earlier this week, the MEPA Board discussed thirteen applications for the sanctioning of a number of boathouses which were built illegally (or extended without a permit) in Dwejra. The number of boathouses which were in existence prior to 1968 (and therefore are legally established) totaled 65 and another 47 boathouses were eventually built in subsequent years.
Dwejra is possibly the only site in the Maltese Islands that could qualify as a Natural World Heritage Site. Indeed, the Structure Plan (through Policy RCO 36) provides that efforts should be made to declare the Inland Sea and Dwejra Bay, in Gozo, a Natural World Heritage Site in terms of the Convention concerning the protection of the World Cultural and Natural Heritage (Paris, 1972). Moreover, the UNESCO operational Guidelines for the Implementation of the World Heritage Convention identify Qawra/Dwejra area as an outstanding site representing significant ongoing geological processes in the development, evolution and biogeography of the central Mediterranean Pelagian Block. This document goes further to state that the said area represents an outstanding example portraying significant ongoing ecological and biological processes in the evolution of ecological communities, an area of exceptional natural beauty and aesthetic importance and an one which contains the most important and significant natural habitats for in-situ conservation of biological diversity.
In 2005, MEPA approved the Qawra /Dwejra Heritage Park Action Plan (QDHPAP). This document (which today forms part of the approved Local Plan for Gozo and Comino) provides that all the illegal boathouses may be sanctioned if the application for their sanctioning was submitted prior to 31 January 2006. Nonetheless, the QDHPAP provides that all boathouses should be limited to one storey and the roof surfaces must accord with a pre-established colour code or natural stone. The same document further underlines that water tanks and any other furniture or additional structures will not be permitted on rooftops, while all apertures are to be constructed of timber, excluding any use of aluminium material, roller-shutters and up-and-over, vertically lifting doors or doors on hinges.
Due to the fact that the applications under review were all submitted prior to 31 January 2006, and the proposed drawings adhered to the above conditions, the case officer had no other option other to recommend an approval, subject to a contribution towards the Environmental Initiatives in Partnership Programme (EIPP) of €1,164.69.
When the applications were referred to the MEPA Board for a decision, eleven applications were refused, even though the policy documents provided otherwise. A further three applications for the sanctioning of illegal extensions to existing boathouses were deferred by the Board on condition that all illegal structures after 1967 are to be removed prior to them appearing once again before the board – in which case I see no reason why the application should not be withdrawn if the respective applicants opt not to submit an appeal.
During the meeting, the Chairman underlined that a line had to be drawn on sanctioning in Outside Development Zones (ODZs). Mr Walker is on record stating that we cannot afford any longer to approve applications in ODZs that seek to get a permit for works that have been carried out illegally.
As expected, Environment NGOs have expressed their satisfaction to MEPA’s decision.
On one hand, the MEPA Chairman made it clear that sanctioning of illegal structures in this pristine area cannot be tolerated – a view which is certainly not contested by the public at large. On the other hand, Section 33 (1) of the current Development Planning Act provides that planning decisions must be made in line with development plans and the relevant planning policies! In this case, it appears that the proposed sanctioning is, in effect, in line with the relevant development plan and polices – namely the Qawra /Dwejra Heritage Park Action Plan (QDHPAP) which is still valid. It is not known whether applicants intend to file an appeal in view of the above reasoning.


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