Developer must rehabilitate Xemxija site

Polidano Brothers will have to rehabilitate the site they excavated illegally in Xemxija in line with one of the recommendations contained in the report of an inquiry into a mudslide there.

The chairman of the Malta Environment and Planning Authority, Andrew Calleja said yesterday that after stabilising the site, the developer will have to submit a plan on how he intends to restore the site to its former state.

Mepa also unveiled a list of measures which will be taken in response to the inquiry findings.

Among other things, the board of inquiry concluded in its report, published on Monday, that Mepa was impotent in dealing with big developers and that Polidano Brothers were left to do as they pleased at the Xemxija site.

Mepa yesterday did not react to the inquiry board's findings but it objected to a comment in the report that the development watchdog had sanctioned previous illegal developments by Polidano Brothers to "avoid taking different actions which could have been more difficult".

Mepa said such a statement was unwarranted, given that the issue was not part of the remit of the inquiry.

"What had to be said was said in (Mepa's) statement," Mr Calleja answered when asked to react to the general thrust of the report. "I don't think there is much to add."

The inquiry, headed by Mepa's own auditor Joe Falzon, was ordered after The Times exposed the mudslide on the site and later reported that the excavations were illegal. A substantial section of earth had come away from the foundations of the neighbouring residence, causing it to hang precariously in mid-air.

When asked why it had taken an inquiry to prompt action, Mr Calleja said Mepa had embarked on a reform of its enforcement structures some time ago and would continue to do so.

Mr Calleja ruled out that any disciplinary action will be taken against the officials involved in the case, pointing out that the report does not single out anyone for blame.

Nonetheless, he said a report would be drawn up to assess which developers were breaching regulations regularly. The inquiry suggests that repeat offenders should be treated differently from others.

Planning applications for projects subject to stop and enforcement notices will not be processed until the position is regularised. In the case of substantial developments, Mepa will instruct the Land Registry to bar any transfer of property in question.

In line with suggestions contained in the inquiry report, Mr Calleja said Mepa will be calling a meeting with the Chamber of Architects to discuss the fact that some architects knowingly assist clients to develop sites illegally.

When contacted, Chamber of Architects president David Pace said he had not yet read the Xemxija report and would, therefore, reserve comment to a later stage.

With regard to Mepa's proposal, however, he said the chamber had always been open to reports of malpractice, adding, that Mepa had never come forward with any such reports.

The board that drew up the inquiry was made up of Joe Falzon, with Victor Torpiano, (who is no longer a Mepa director), Kevin Aquilina, Kevin Gatt and Peter Zammit as members.