Property owners object to planned development in Qawra

The owners of properties in an area zoned for bungalows at Qawra yesterday filed a judicial protest in the First Hall of the Civil Court holding the Malta Environment and Planning Authority liable in damages.

The owners, represented by Victor Shaw, Jesmond Schembri and John Scerri, resided at Trilithon Court, Mariners Court and Dolmen Court at Qawra.

In their protest the owners said the courts had been built in an area of Qawra known as Ta' Buleben. The area had been zoned to the effect that only one third of the site could be built upon and the structures could not exceed 15 courses from road level.

The zoning conditions that rendered the area a bungalow zone had originated in the 1960s and had not been changed until the local plan was issued.

The owners added that they had recently got to know that Mepa had issued a policy indicating that changes, including the height limitation, could be effected in the area. As a result, instead of a bungalow zone, the area could have structures rising to as high as five storeys.

Although the owners acknowledged that no urban policy could remain static for ever, they pointed out that they had acquired vested rights when they had acquired their properties under the old zoning conditions. Mepa was therefore legally obliged not to implement new planning policies that could irremediably prejudice such vested rights.

In their protest, the owners added that 75 per cent of all owners of the land area had to consent to changes to the local plan and that, even if the plan were changed, Mepa would remain liable in damages towards the owners.

Mepa was therefore called upon not to carry out any illegal action in respect of this zone and the owners reserved their rights to hold Mepa liable in damages.

Lawyer Patrick Galea represented the owners.