Permit conditions and planning gain

A 1999 application to sanction quarrying on the Qala coast outside the permitted boundaries, extend the permitted quarry boundary, sanction over-excavated depths, extend the existing quarry depth and sanction existing structures and facilities, was processed subject to a number of conditions.

Dumper not licensed for road

The operators of the Ghar id-Dur quarry have clarified that the dumper which appeared in a photograph in this column on The Sunday Times (January 14) is not licensed for road use and is used only to transport sand and aggregate solely within the quarry site. The material being dumped on the coastline by the truck shown in these photographs was sand produced from the quarry. Although road material was dumped along the Qala coastline, it does not transpire that this particular truck dumped it. MEPA has alleged that the quarry's outer limits extended further onto the coastline than allowed by approved plans and illegal dumping was detected. Operations at the quarry were suspended and an application to resume was dismissed. Criminal proceedings were to be initiated against the owner of the quarry.

Fort Sant' Antnin

One of the conditions attached to the permit required the quarry operators to contribute to restoring nearby Fort Sant'Antnin by donating Lm7,000 to the Planning Authority's heritage fund for this purpose. Planning gains of this type are enabled by law to secure some environmental benefit. MEPA holds that serious environmental impacts of any development that does not satisfy basic environmental and planning policies cannot be offset by such an environmental contribution. The upgrading of the Qala belvedere was financed through such a planning gain.

Conditions breached

Despite indications to the contrary in enforcement order ECF 910/06, the operators are claiming that the sand was being placed in an area which was designated by MEPA for such operations within the quarry boundaries. During a visit to the site last November an enforcement officer detected a number of breached conditions. The surrounding land was not to be used to store building debris but, according to MEPA, this condition has also been breached.

Enforcement order issued

According to Gatt Brothers, an enforcement order issued last September was withdrawn by MEPA when it was found that a quay had been in place since operations began at the quarry over 30 years ago. The quarry operators point out that MEPA reconfirmed the existence and use of the quay in the original permit PA 4727/99. Another structure at the water's edge, pictured here, appears to have gone unchallenged.