NGOs point guns at architect behind Baħrija project
The site of the controversial development at Baħrija. Photo: Matthew Mirabelli
Environmental groups yesterday turned their guns on the architect behind the controversial development in Baħrija belonging to the president of the Nationalist Party's administrative council claiming he always gets his way with the planning authority.
Robert Musumeci, who happens to be a PN mayor in Siġġiewi, had a history of obtaining permits that went against planning policy, even when there were serious objections by planning officials, the NGOs said.
Flimkien Għal Ambjent Aħjar head Astrid Vella said that, in 2005 alone, the architect had 23 planning applications that were recommended for refusal by planning officers but were approved by different boards within the authority.
"Why is it that applications refused to most architects are then granted to a small number of architects who seem to possess extraordinary powers to have permits approved... ," Ms Vella asked.
In a press conference called by the FAA, the Ramblers Association and Nature Trust, the NGOs stressed that the permit for the redevelopment of a farmhouse belonging to PN president Victor Scerri in a scheduled area outside development zones was one such curious case.
In fact, the case, first reported by Labour's media, was recommended for refusal four times by the planning authority's technical officers between 2000 and 2007 but different boards eventually approved it.
The project is a three-roomed farmhouse in the limits of Baħrija, which Dr Scerri obtained permission to demolish and rebuild. When Dr Scerri first applied for a permit in 2000, the planning authority was reluctant to even allow partial demolition of the old farmhouse. Then, in September 2007, he was allowed to demolish it completely and extend it by a third.
Dr Scerri has denied any undue pressure being made, insisting that he followed planning procedure to the letter and only started demolition after he got the permits. He has now called on both the police and the planning authority to investigate.
The environmental groups insisted that the development was an outrage and reiterated their call for Prime Minister Lawrence Gonzi to "assume responsibility" and intervene.
The groups are holding an onsite protest today at 6.30 p.m. to push Dr Gonzi into action over the case.
The only thing the Office of the Prime Minister has said about the matter so far is that "the government's direction to Mepa is to apply the approved policies and the requirements set at law. The government does not interfere in Mepa's decision processes". Ramblers Association president Lino Bugeja yesterday asked: "Does the Prime Minister's silence mean he agrees with the project?"
Throughout the rest of the press conference the NGOs shifted their focus onto the architect. "Why should we be living in a two-tier society where some have to obey to within an inch of the law while others are aided in sidestepping it by architects who are politicians on both sides of the House," the FAA insisted.
Ramblers Association secretary Alex Vella pointed out that the planning directorate had insisted that if one of the applications were to be considered it should be subjected to an environmental impact assessment. It was not but was still approved, the association stressed.
Mr Musumeci seemed unfazed by the comments. "While I acknowledge that I am consistently successful with applications with Mepa despite there being a refusal by the case officer, it must be pointed out that defending applications till the very end is precisely what my profession entails".
He pointed out, however that the 23 applications mentioned by the FAA were "a small percentage" of the larger number of planning applications submitted in the same year.
Naturally, he added, when faced with a planning objection by a case officer, his output would be harder as he would be challenged to prepare documented legal and planning arguments to be able to win a case.
"I have no control over whose applications are decided favourably and I am only in a position to answer for my delivery, which, at all times, is based on my expertise and knowledge of planning procedures," Mr Musumeci said.
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Galea. L
Jun 18th 2009, 23:59
c.camilleri
Do you understand what an ODZ is camilleri?
It means an OUTSIDE DEVELOPMENT ZONE, meaning that NO development can be made.
So why was the permit issued when there were no less than 4 reports that it should not?
D.Calleja
Why should they have to take cases such as this to court when the permit should NEVER have been issued?
No wonder people smell corruption wherever MEPA is concerned.
Azzopardi Alfred
Jun 18th 2009, 19:56
Another nail in the coffin, such issues and others heading up from time to time continue to erode the trust in the present Government's way of governance and, in this particular case, in the PM's stated commitments in protecting the environment, how can the PM ever hope to change things at MEPA when permit refusal decisions by MEPA's technical people are repeatedly overturned by government-appointed boards. Is this the sort of encouragement and confidence-building strategy to be adopted in order to bolster MEPA's technical staff to be professional and take the necessary tough decisions irrespective of the influential applicants and architects involved. SHAME. What is the use of holding press conferences, internal post-mortem election-result analysis and other supposedly damage-control drama acts, the writing is on the wall and the PN has become its worst enemy.
laurence schembri
Jun 18th 2009, 19:28
so, it is a case of "Whatever Musumeci wants, Musumeci gets".
P.Zammit
Jun 18th 2009, 18:58
if Musumeci knows the law so well, how come he ignores a basic rule regarding ODZs? Perhaps he thinks the rules don't apply to his clients?.
Astrid Vella
Jun 18th 2009, 17:29
@ David Abela: so would you say that this and other permits breaking MEPA regulations are justified just because the untrained members of the DCC are no match to Perit Musumeci's "knowledge of the law supported by case law". Even there you are exposing the flaws in the system as precedent (and case law) is not a parameter in planning regulations, but Musumeci systematically argues on these lines which should never be accepted. No wonder DCC members are not given any training, it would sink the chances of so-called learned architects in pulling the wool over their eyes!
So you're saying that its perfectly OK to steal if you have a good enough lawyer to get you off the hook? Well this is no less than stealing our and our children's rural heritage from us. Shame, and SHAME again, to all those who are accomplices in this crime, from the top down.
D.Calleja
Jun 18th 2009, 17:18
@All NGOs
If you’re so certain of the validity of your arguments what is stopping you from taking the issue to court?
Is it by any chance because you secretly know that your accusations have no legal basis?
Come on show us your true colours and take the appropriate action to justify your finger pointing tactics. I am sure that you can muster the financial support from your affiliates, if that in reality is your problem. And if you still can’t manage, I’m sure that the PL and all the other people sharing your indignation on this ‘outrage’ can help you out in your noble crusade.
Go on, put your money where your mouth is, go for it!! I am sure that the Courts will vindicate you and will prove to everyone that you know what you’re saying and always establish the legal facts before committing to any charges of illegal behaviour.
If you were so free with your money as you are with your words we would not have any financial problems in this country.
A.Gauci Cunningham
Jun 18th 2009, 16:28
Is this land in an ODZ or not?? If yes than MEPA should not even have dreamt of accepting this application let alone sanctioning it. Lest we forget this country is being governed by the same guy who said "ODZ is ODZ" before the last election. Some things will never change and we only have ourselves to blame if we believe otherwise!!
Joseph Azzopardi
Jun 18th 2009, 16:23
@ C Camilleri
NGOs are made up of people who give their time and energy for free without expecting a return. Can politicians honestly say the same? And who would you rather trust? I take it you have never done anything for free.
As happened with St John's Dr. Gonzi should intervene.
David Abela
Jun 18th 2009, 16:12
Musumeci never assisted me as an architect in any of my planning procedures. However I had the opportunity to witness his performance before the DCC Board while I was waiting for my turn. His knowledge of the law supported by case law is incredible and it comes as no surprise that he wins all cases.
c.camilleri
Jun 18th 2009, 15:18
Is Malta to be run by the NGOs who represent nobody or by the Govt elected by the Maltese? If there is something unlawful they should know what to do and not try to sow doubts and go to character assassination.
Joseph Calleja
Jun 18th 2009, 15:08
As I mentioned many times before. Malta is still run by the good old boys by the same rules. Some people break the law any time they please because they can always find somebody to smooth out things for them, even after the fact. Seems familiar???? There seems to be a GODFATHER in every town and what GODFATHER wants GODFATHER gets, or else??
godfrey pisani
Jun 18th 2009, 14:58
i find all this very shameful , and being a natura 2000 site what happened to birdlife , are they on holiday on this issue .
Anne Zammit
Jun 18th 2009, 12:23
Not by any stetch of imagination could the loopholes resorted to in this application be construed as valid justification for overturning a recommendation by MEPA's own case officer for refusal of a permit. Bahrija Valley is protected by a large number of (what should have been upheld as) rock solid planning arguments, all written by the planning authority itself... No wonder people are livid!
a. sciberras
Jun 18th 2009, 11:37
the reason why the pn is loosing votes! preaching one thing and doing another. what happened to putting the environment first during this legislation? or it the environment just an excuse to make more money from taxpayers?
O.LONGO
Jun 18th 2009, 11:22
"the government's direction to Mepa is to apply the approved policies and the requirements set at law. The government does not interfere in Mepa's decision processes"......
I find this statement a bit confusing. I distinctly remember, in the run-up to the last general election, Dr. Gonzi saying that he's going to take MEPA under his wing.
I can understand why the courts of justice are autonomous.... but MEPA ????? and I can tell you from experience that some case officers think they've reached god-like status by the way they talk to the people they're meant to be there to assist.
David Borg Cardona
Jun 18th 2009, 11:18
Perit Musumeci..
You shed a degree of sheer arrogance which has become so typical of your party and its members. Don't you think that the public is not that gullible to believe all that yourslf and Victor Scerri are trying to make us swallow. Respect our intelligence please !!
john falzon
Jun 18th 2009, 11:13
Based on this incident and so many others that we read about every day, it is sad to note that the Government has a very long way to go to recover its credibility.
Mind you, when one looks at the current scandals in the UK, one starts to wonder whether there are in fact ANY honest politicians left out there in the field.
C Cassar
Jun 18th 2009, 11:04
He is actually using this story to advertise himself. Unbelievable.
Galea. L
Jun 18th 2009, 10:56
As Nicholas Monserrat used to say, friends and friends of friends
James Dimech
Jun 18th 2009, 10:35
Musumeci got his tasks wrong. As a professional and as a PN DEPUTY he is also bound by environmental ETHICS amongst other things. I also find the way he flaunts about what he did disgusting.