Mepa ruling gives Lija fireworks enthusiasts reason to celebrate

Lija fireworks enthusiasts won a silent battle yesterday when Mepa rejected an application for the extension of a development permit that would have probably included a private road encroaching on the safety buffer zone of their fireworks factory.

In a turning point during a public hearing, architect Michael Falzon, representing Iklin residents, pulled out a 2004 report by Mepa's auditor clearly stating that the two back-to-back villas are in breach of area policies.

In fact, despite a recommendation for approval by the authority's planning directorate, the board voted against the renewal of an expired permit, which had allowed for the construction of the villas.

The villas were first given the go ahead in 1998 and 2003 but only one of them was built. As a result of an incline in the area, when seen from the front, the developed villa looks like a one-storey bungalow but from the back all three floors are visible.

The second villa, which is not yet built, was to stand back-to-back with the first and be accessible from a private road that encroaches on the 183-metre buffer zone around the fireworks factory.

One of the justifications mentioned by the planning directorate, in fact, was that the second bungalow would mask the eyesore caused by the first when seen from the valley that backs the properties.

According to the auditor's report, however, the project should not have been given the go-ahead, primarily because the area is limited to bungalows and one of the properties is three storeys high.

The auditor also pointed out that a mandatory six-metre side curtilage (enclosed land between houses) was not maintained (one of the bungalows is already built) and criticised the fact that the report presented to the board that decided on the matter was not comprehensive.

The auditor recommended that the conclusions of his report be taken into consideration, in the case of any other connected application, but some board members yesterday seemed to be unaware of the report. In fact, one of them asked for the conclusions to be read out during the hearing.

A few months ago a controversy erupted over the construction of the private road that overlooks Triq il-Wied and faces the fireworks factory.

The owners of the factory which is located in the limits of Lija, were worried that, since the private road encroached on the 183-metre safety buffer zone, it posed a threat to its operation.

Mepa, however, gave the go-ahead to the private road even though the villa encroached on the buffer zone.

According to the authority, being a private road, the passageway was not considered to be in regular use and, therefore, did not fall under the law's provision which states that fireworks factories and roads must at least be 183 metres away from regular roads and inhabited areas.

Still, the permit expired last month and the developer had to file a renewal application that was discussed and turned down yesterday.

The fireworks enthusiasts were not at the hearing, even though the ruling effectively gave them what they had been asking for.