Villa owners claim neighbouring block breaches planning law
The planning authority is facing legal action over a permit for an apartment complex in Madliena which it was forced to issue by the courts.
Three couples who live in villas neighbouring the complex have filed a suit against the Malta Environment and Planning Authority and the developers, Madliena Village Ltd, claiming the development is taking place in an area designated by planning law as a two-storey villa area.
The authority had actually refused the permit for the development through all its stages, including the appeal, and only gave its go-ahead after the developers won their case for the development in court.
Still, the couples were forced the file the action against Mepa.
They claimed that as well as breaching planning laws, the five-storey complex, which first started being built in November 1999 but remains unfinished, impinges on the legally required six-metre buffer side curtilage.
Legally, each building in the area should allow a curtilage of six metres which means that there should be a distance of 12 metres between buildings. But the complex is just six metres away.
As things stand, the complex invades their privacy, the couples insisted, arguing that the works being carried out by Madliena Village Ltd in terms of the permit issued by Mepa are in violation of their rights. They held that the permits were also issued in violation of Mepa policy and asked the court to order their revocation.
The action was filed on behalf of the couples, Paul and Anna Maria Camilleri, Carmel and Maria Theresa Falzon and Carmelo and Alison Farrugia by Aequitas Legal.
12 Comments
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FmBartolo
Dec 17th 2008, 12:00
@D.Catania.. well Dennis haven't you noticed , these people are the cream of Malta and don't really want just any resident to live amongst them (LOL) when i was living in that area they didn't have the decency to say Bongu or good morning now thank god i moved away as far away as possible. (England). Malta and of course Gozo has by far more beautiful and friendly people then the graveyard of malta as we used to call it, don't mean to be disrespectful to the residents but one tends to follow like sheep. Thanks for the reply Dennis.
Denis Catania
Dec 17th 2008, 04:52
@F>Bartolo: Whats good for Marsa and B'Zebbuga is good for all of Malta. Are the people from Madliena better than the people from Marsa?
B.Demion.
Dec 16th 2008, 23:06
@Jan.Hartmann g'day, my dear you sound and must be a very generous and honest person,yes we agree with you and its true what you say but ofcourse within reason .Yes there are plenty of empty flats newly built or half finished and are just standing there for the greed of the developers,it would be more of a human jesture to let them out or use them for the unfortunitate people from places like Africa who are not are fortunate as we. I say they have a right to breath the same air as we and as you say most countries are doing their bit to solve the refugees problem as Malta is doing , however a small island like Malta can only do so much as it is over populated as it is, but then in the mean time empty properties can be use to house these unfortunate people. The way i see it , it could be me if the shoes were on the other foot. Still Mrs.Hartmann i take my hat off to you and well done for being truthful and outspoken, my wife reckons you should be in government you'll do well. Barrie. (NZ)
Mv.Janie Hartmann
Dec 16th 2008, 09:57
Mr.Bartolo@ My Maltese friend or at least i presume you are of maltese blood, the illegals are displaced people that are seeking a better life - they are not animals they are as human same as you and me,in Holland we look after these displaced souls ,and our government even took some from your country to ours,they are placed in clean and tidy well managed apartments and looked after much better then most., so really i don't see any problems in seeking better conditions than they are in now locked up, in some case just like a concentration camp(judging by some newspapers/media pictures and if you have never been in one then i suggest you read up about it especially my kin folk in Holland.Places like Mdliena is no different then any other place in Malta the only difference with madliena is that people think its the Hollywood of malta - well it isn't. my friend.
F>Bartolo
Dec 16th 2008, 01:36
@Dennis Catania don't quite get what you mean by Sharing the burdenof the illegals among
ALL Maltese towns and villages, Do you actually men placeing the illegals say for example in the empty apartments in Madliena, just like the once in the picture above?? that would really create an uproar amongst all the nice people that reside in that lovely Posh area, no doubt the value will depreciate considerably i would imagine.. so i don't think so somehow !
Denis Catania
Dec 15th 2008, 18:34
With 4,000 illegals living in tents and the detention center. Malta doesn't have space for 2 storey Villas anymore. Change the zoning laws from 2 storey Villas to 6 storey apartment buildings. So we can empty out the detention centers and give the illegals a better way of life. Why should Marsa and other towns take all the burden of the illegals. SHARE THE BURDEN of the illegals among all Maltese towns and villages.
S. Cutajar
Dec 15th 2008, 18:15
MEPA is really in a sorry state. It is fast reaching lower levels and really giving a disservice to the law abiding citizen whenever it approves incompatible developments also in villa areas and therefore not interpreting and defending its own policies.
Villa areas all over Malta are rapidly being turned in high density neighbourhoods as already the other uglified parts of the country. No 'nicely worded' policies are being respected and villa dwellings are rapidly being demolished to make way for (unaffordable in some cases)basement garage compounds and apartments which are no better than gallinari I must say.
Technical words used in local plans such as ' residential priority area', 'low density neighbourhood' etc do not impess anyone unless put into practice. On the contary, MEPA is creating a new injustice each time it succumbs to the ruthless speculator's lobby when it approves and/or sanctions incompatible developments is such areas.
Where is the MEPA reform?
Charles Sammut
Dec 15th 2008, 17:18
It would be interesting to learn on what grounds the court over-ruled MEPA.
D Vella
Dec 15th 2008, 15:39
Good for them. I wish them luck and may they win their claim. It is very disheartening when you have invested in a property on the proviso that planning laws will stand as they are, to then find that someone has been given the go ahead to ruin your hard earned investment,in some cases making it an almost total loss. It is happening to me so I know exactly how they feel and how unjust it all is.
lgalea
Dec 15th 2008, 11:07
Mr.B.Reeceħ
"...we lived in Madliena and believe you me we could not wait to get away from that area, no body seemed to talk to anyone and they all seemed alien and rather come on as snobbish"
As we say, you hit the nail on the head
Mr.B.Reece
Dec 15th 2008, 10:46
It's terrible to have to pay such a lot of money for properties in Madliena and then all of a sudden a blocked view , but then again we lived in Madliena and believe you me we could not wait to get away from that area, no body seemed to talk to anyone and they all seemed alien and rather come on as snobbish. Plenty of more nice places in malta and Gozo.
Anthony Briffa
Dec 15th 2008, 10:09
A similar case occurred a few years ago in The Village San Gwann where a block of apartments was built on a number of plot of land situated between Triq il-Mediterran and Triq Il-Baltiku adjacent to already constructed villas. On one side the building, the cartilage required by law was not respected and there is a pending court case on the matter. The objections by residents to Mepa regarding this permit were not upheld. Similarly the owners of the neighbouring villas had their privacy violated and furthermore have to bear the daily inconvenience of increased parking, which is not environmentally compatible to the area.