NGOs insist all of Victor Scerri's Bahrija permits should have been revoked
Three environment NGOs said today that they considered it a waste of time and resources that the MEPA Board yesterday decided to revoke only the last of four permits issued to Victor Scerri for a development on the Bahrija Valley floor.
The Ramblers Association, Flimkien ghal Ambjent ahjar and Nature Trust (Malta) expressed their satifaction at the revocation of the most recent permit issued in the controversial case but said that as amply certified by the MEPA Auditor, similar irregularities prevailed in both the original permit and the subsequent permit.
"All three development applications were issued contrary to approved policy, and as confirmed by the Mepa Auditor, were issued illegally," the NGOs said.
They said the same Article 39a applied by Mepa yesterday should also have been applied previous applications on the grounds of false declarations, in that the site was wrongly described as level and the existing buildings misleadingly described as "existing dwellings"
The MEPA Auditor had clearly pronounced in clear terms that there was "a puerile attempt at misleading" the Authority all along because the applicant never meant to rehabilitate but "wanted to demolish whatever existed on site and rebuild a new building," the NGOs said.
The NGOs welcomed the fact that the Head of the Environment Directorate made it amply clear that the Bahrija valley floor was protected by the EU's Habitats Directive against any development that would not enhance the ecological system there, and any new development in SAC neededfull permission from the EPD.
They therefore called on Mepa to do its duty and insist that the site be restored to its former state.
They also insisted that other such applications that would surely have a negative impact on the environment, and were still being processed with similar irregularity should be stopped immediately.
The NGOs said they had always been careful to adopt an apolitical approach in the protection of the environment.
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James A. Tyrrell
Aug 16th 2009, 15:10
@ A.Calleja. You say that NGO’s can only speak for themselves but going by the comments in the press they certainly speak for the vast majority of right-minded Maltese people. Obviously there are those who are against everything the NGO’s say or do because it gets in the way of their business dealings. These are people who don’t give a damn about the country as long as they rake in the money.
Their viewpoints are indeed biased as you state, in favour of the country as a whole. The NGO’s have no desire to dictate or lead, merely to bring irregular practices to the attention of the general public. You state that their standpoint does not symbolise the national outlook. Have you taken a poll on this?
@ E.Grech. FAA has only been in existence for a few years and the laws, which protect the countryside, were not in existence when the original building took place, so stop talking rubbish.
Joan Cassar
Aug 14th 2009, 22:08
Ms. A Vella, glad to see some comments from you. Also glad to see you active once again after a short break :)
Any opinion on other similar projects in Bahrija Valley are they illegal or not? I sincerely hope it is not a 2 weights 2 measures scenario
Antonio Anastasi
Aug 14th 2009, 21:55
I simply cannot believe some of the comments that have been made here on this matter.
We are now used to the attitude that, for personal, political or even plain pique, NGOs are made the dark forces with personal agendas, forgetting that in this particular case, the main trust of the argument, is that, at law, this development IS illegal.
The developer is an intelligent person, so I find it hard to believe that he bought the property NOT knowing that it was not only in ODZ but that it was also protected under the EU Habitats Directive.
It was reported that the permits were given over the objections of the case officers who, I assume, do on site inspections.
In other countries, similar cases would have had the permits revoked, the land restored to its original state, the developer fined and made to pay a considerable fine.
A point that worries me is that developments are allowed to start BEFORE all the relevant permits are in hand.
Cannot this project be taken before the appropriate EU courts??
martin saliba
Aug 14th 2009, 21:36
N Calleja & the likes.
The NGO's are right in wanting their pound of flesh if that is the case. Remember that someone tried to shut them up with the threat of legal action. When you live by the sword you die by the sword. It seem that you think that the allmighty experts are those who think that they can get away with anything.
V Battistino
Aug 14th 2009, 18:57
Dear NGO's ..... why don't you also insist for the revocation of the permit to construct the 'new' property in what was once the Jerma Palace Hotel, and on the way , ask for the same land to be rehabilitated to its original state......most of your elder members surely remember what the place looked like prior to the construction of the hotel !
Alice Gatt
Aug 14th 2009, 18:34
Astrid a short question who do you represent and how many are your members. please be counted as it is pssible that local band clubs represent a broader spectrum of our society
E.Grech
Aug 14th 2009, 18:19
@Astrid Vella
“the site damaged by the permit revoked should be reinstated to its original state"
So explain to us what you consider as the original state?
Is that the state before the works were carried out?
You and all others protesting against this permit never raised any issue about the rape of the valley when the old dilapidated building occupied the site. You must have still considered the site to be in a pristine state. It was ok as long as the building remained unoccupied.
Or is it the people who will live on site that are bothering you? Or is it just a matter of aversion for any human being enjoying such an opportunity to live in those surroundings?
Can you express a dateline for the "original state" >> 50,100,1000,10000,1000000 years?
A.Calleja
Aug 14th 2009, 18:03
NGO is a term that can also be applied to the kazini tal-banda or klikka tax-xoghol tal-murtali. We have to consider that these are just social groups with a special focus and that they should never entertain any dreams of grandeur by imagining that they have a god given right or national mandate to dictate and lead.
NGOs can simply speak for themselves; they can only represent the small number of people ‘officially’ on their register. They have a right to their opinions. However one has got to note the obvious bias of their viewpoints while keeping an open mind that, although very vociferous, the ones who write regularly and issue press statements are only a small section of the electorate. Their message is important but sometimes too one-dimensional and simplistic.
It would be rather foolish to ignore the fact that although having very active participants their standpoint does not symbolise the national outlook. It might be shared but most of the times it is diluted and allows for other considerations to be taken into perspective when it is time for decisions to be taken.
Galea. L
Aug 14th 2009, 17:58
E.GRECH
The original permit was to repair and restore the original building. So now that the building has been pulled down against regulations no building should be allowed.
J Martinelli
Since when have you become an expert interpreter of Maltese law from far-away Canada Martinelli?
D. Fenech
Aug 14th 2009, 17:04
It baffles me how people can actually attack Astrid Vella, the ramblers and all the other NGOs. If it wasn't for them, the uglification of our countryside would be so much worse. The only reason I can think of as to why people attack Astrid and the NGOs is because they are in some kind of speculation themselves. Perhaps by intimidating the NGOs, they can get their permits through. Perhaps without NGOs, Mepa would be more lenient.
Astrid Vella is the true saviour of this country. She has a vision for this country where in comes to the environment. If only our politicians in the last thirty years had such vision, Malta would be the Jewel in the Mediterrean, instead entering the harbour, it resembles a concrete jungle.
I encourage Astrid to remain determined because the majority of the Maltese people from the two political divides share her beleif. Lets limit the damage and save what is left because that is what we can pass on to future generations.
Maria Galea
Aug 14th 2009, 16:58
This gets better by the minute. How can a permit that has been revoked be walked over by Dr Scerri? If it has been revoked, so be it - the last decision should overrule all the ones before it. This could only happen in Malta where we beat round the bush until we get our way. NO means NO and YES means YES. For goodness sake save our time, your time and MEPA's time. Honestly, it is like a 'Hide and Seek' game. It makes us all sick to the teeth.
L. Calleja
Aug 14th 2009, 16:53
FAA / Astrid Vella. please also note that an ODZ application for 46 apartments and 5 penthouses are being considered within Sannat Gozo. This is as yet an untouched valley.on the outskirts of Main Street and overlooking Ta xaman. How could MEPA keep on considering ODZ applications. These applications should be refused without even considering them. It's obscene!!
Astrid Vella
Aug 14th 2009, 16:24
@E. Grech: in fact the NGOs did not ‘INSIST’. In the original PR submitted to the media the exact wording is that “In the opinion of the NGOs the same Board sitting should have applied the same Art 39a also to the two previous applications” is that mild enough for you, or are NGOs now not even allowed to express opinions?
Unfortunately, media space limitations often require changes in wording which can change the whole tone, however I assure you that the NGOs are far from making extreme demands, so much so that they go on to say:
“the site damaged by the permit revoked should be reinstated to its original state and at the expenses of MEPA seeing that it was one of the MEPA boards that gave the green light for the damage in this highly ecological site”- as you see, we’re not trying to crucify Dr. Scerri either.
Astrid Vella
Aug 14th 2009, 16:23
@Martinelli: your interpretation of MEPA’s ODZ regulations is not correct.A property owner can only restore a building which is habitable &has been lived in within a reasonable period of time.As seen in the photos in the media,this structure was in an advanced state of collapse with a tree growing from the ground through the non-existent roof.In spite of this the architect’s early application to restore a‘habitable structure’! Even bona-fide farmers find it very hard to obtain permits to restore farmhouses in ODZ and one near this site was refused an permit to restore a roof.Futhermore,you’re conveniently overlooking the fact that this is no ordinary ODZ but a Special Area ofConservation.
it would be very interesting to know how FAA has“aligned itself with LP”in stressing its opposition to the former NP president’s permit.If that were the case,which it is not,so did PN MEP candidate AlanDeidun and many other staunch Nationalists who attended the march.No, you just cannot abide the fact that there are those who will not accept abuse from whatever source.
FAA has more than once criticised Perit Charles Buhagiar on Super One TV for repeatedly applying for and often obtaining irregular permits?Is that how FAA aligns itself with PL?
R Azzopardi
Aug 14th 2009, 16:22
It is not worth being a public figure or involved in local politics.......I full y agree with M. Farrugia. So many similar permits have been issued to low profile people but nothng has happened.
Definetly not worth being in Malta Politics......Keep low profile and you will be able to do what you want
A. Attard
Aug 14th 2009, 16:22
@E. GRECH
the development in the area might have been there...but no longer isn't!!!! :) well well...as put by the auditor, the authority seems to have been mislead....now...bah....nothing is present on site...oh oh...sorry!!! what will be proposed next???!?!? the construction of a villa with pool aka reservoir?! :) ....anyone with a field around this one who might want to develop his own villa?! lets call it the future bahrija estate! :)
Joe Cassar
Aug 14th 2009, 16:20
Mr M Farrugia said, "It is about time that someone shoulders responsibility at MEPA."
Indeed. Has Mr Farrugia forgotten that Dr Gonzi took MEPA under his direct responsibiliy, with a promise of reform, just before the elections?
mario gellel
Aug 14th 2009, 15:55
PAJJIZ TAL BIKI!
m farrugia
Aug 14th 2009, 15:54
MEPA has become a farsa. How can it issue permits and revoke them some days after? And is it fair that only permits which happen to belong to certain people and on which NGO's seem to pick on are revoked while others are not?God knows how many more permits have been approved which should have been revoked.
It is about time that someone shoulders responsibility at MEPA. It is unacceptable that permits are first issued and then revoked. Ahna ahna jew mahniex??
D Camilleri
Aug 14th 2009, 15:48
keep it up NGOs, everybody should oppose a farmhouse in ODZ on a pristine valley floor by a high party official, especially when commoners are refused a window opening in the village nearby.
the people who would like to turn the other side when confronted with blatant illegalities, are not fit to be called maltese citizens, lets call them sheep. or maybe political party pawns.
MEPs give an oath on your EP election expenses
Steve Borg
Aug 14th 2009, 15:13
@Joseph Stephen Galea
Tajba wkoll din. Toħroġ tattakka lil għaqdiet mhux governattivi li ma attendewx għal laqgħa waqt il-ħin tax-xogħol. Jiena qatt ma smajt bik u ma nafx jekk inti qattx f'għomrok ħriġt għonqok u ħadt kedda wara l-oħra biex insalvaw il-patrimonju ta' dawn il-gżejjer.
Imissek tistħi inti tgħajjar lil nies li għamlu għomorhom jistinkaw biex jgħollu l-livell ta' għajxien tagħna, u dan b'tant sagrifiċċju mill-ħin tagħhom, il-but tagħhom u l-intrigu mentali u fiżiku tagħhom.
B'liema awtorita tgħajjarhom. Illum il-MEPA tilfet il-kredibilta' anki tan-nies moderati li jaraw li qed nies b'kuxjenza iridu jkunu huma li jiddefendu l-qerda ambjentali quddiem il-MEPA meta support is-sitwazzjoni f'pajjiż normali tkun bil-maqlub. Tinsix li l-MEPA hija obbligata li hija stess tagixxi bħala awtorita bis-saħħa kollha biex insalvaw il-ftit kampanja li ħallewlna f'Malta.
Napprezza jekk tibda tiġi tgħin lill-ngos. Fil-każ ibgħatli email u nibda nistiednek tgħini nnaddaf wied mimli mbarazz u skart mormi mill-pubbliku. Naturalment ma hemmx ħlas. Nistenna mingħandek.
Astrid Vella
Aug 14th 2009, 15:04
@Joseph Stephen Galea: You are wrong. The NGOs were represented yesterday. Were you there?
g,portelli
Aug 14th 2009, 15:03
@ E. Grech
WE THE PEOPLE INSIST SOMEONE IN AUTHORITY PUTS YOU IN YOUR PLACE BECAUSE WE HAVE HAD ENOUGH OF YOUR ARROGANCE
What does your authoritarian self propose sir, to throw them down an oubliette, intimidate them with a lawsuit, censor them in other words ? For some of us joining the EU represented the possibility of a more democratic society where indiscipline and political patronage are neutralised. It seems some are rather too fond of the old system . A good number of us 'the people' also wonder why the Government declares Bahrija a Natura 2000 site but then assumes that development can take place. We also wonder why the government declares its commitment to Valletta as world heritage site but theTigne development went ahead without as much as a bat of a political eyelid. A democratic society needs checks and balances sir, our political class is too enamoured of doublespeak with regards the environment. We have the sword of Damocles over Valletta's status as a world heritage site and you want 'someone in authority' to shut the NGOs up. Love your take on European Democracy.
Mario Attard
Aug 14th 2009, 15:00
@ Mary Mizzi
You coudn't have said it better!! I and surely many other 'equal' citizens are simply disgusted with such cases.
E.GRECH
Aug 14th 2009, 14:58
@L.Galea.
THE DEVELOPMENT IN THE AREA WAS ALREADY THERE.
James A. Tyrrell
Aug 14th 2009, 14:44
@E.GRECH. The only one throwing a tantrum and spitting the dummy here is you. Everyone else appears to be behaving like level headed adults.
You say, 'INSIST THIS. . INSIST THAT . . DEMAND THIS ... DEMAND THAT ....WHO DO YOU THINK YOU ARE!!!!
Then in the next line you say, 'WE THE PEOPLE INSIST'!
apace
Aug 14th 2009, 14:43
If it was not for the NGOs today we would have a quarry near St. John's cathedral, Golf courses at ta Cenc and at Golden Sands, restaurants at Ramla l Hamra , Scerri's villa at Bahrija and several other buildings outside the development zone. Well done to the NGOs and to the '' mob '' who were the only persons who managed to avoid these awfull projects.
Joe Morana
Aug 14th 2009, 14:37
Thank you environmental NGOs for your good work to safeguard what is left of our natural environment.
MEPA has done it again. It threw away a golden opportunity to mitigate its Bahrija fiasco. MEPA seems insensitive to the Bahrija environment and to its Auditor's damning report and seems still hell-bent to grant this notorious Bahrija permit one way or another instread of stopping this perverse environmental rape. Shame.
Joseph Stephen Galea
Aug 14th 2009, 14:35
What really baffles me is why none of these NGO's were present yesterday? don't they have the guts to face Victor Scerri? SHAME on you NGO's ... first you organise demonstrations, issue press releases ... but then dont have the guts to face reality.
Why should the people recognise these "ghost" organisations?
A.Chetcuti
Aug 14th 2009, 14:34
Dear Three NGO's,
Can we insist that you all SHUT UP for once
Galea. L
Aug 14th 2009, 14:30
N.Calleja
Ask by whom are those dozen people appointed Calleja and get your answer.
Martin Abela
Whoever purchased that land knew hat it was in an ODZ, so why should the buyer who tried to get around the ODZ prohibitions be reimbursed? Is it an ODZ or not?
E.GRECH
AND WHO DO YOU THINK YOU ARE TO INSIST ON DEVELOPMENT IN AN ODZ?
J Martinelli
Aug 14th 2009, 14:27
The last permit should have been revoked only on the assumption that it contained a building exceeding the original footprint, period.
The rights of a property owner on whose land stood a building, albeit a dilapidated one, has rights within MEPA's policy of ODZs. Since the original building was in such a state as it could not be economically rehabilitated, then a similar replacement on the same footprint can be allowed as evidenced by similar circumstances in the same area with reconstructed residences built in the last few years.
It is too late for the NGOs specially FAA to declare themselves apolitical since the latter chose to associate itself with LP and AD persona to stress its opposition to the former NP president's application and permit.
The MEPA situation is further complicated by the fact that between permit number one and permit number four it had imposed on Dr. Scerri to include the excavation for a cistern as a condition.
Besides legal action on the basis of a perceived slanderous accusations by various and sundry, Dr. Scerri should claim monetary compensation from MEPA for expenses incurred by him in good faith, trying to comply with its requirements.
E.GRECH
Aug 14th 2009, 14:15
"NGOs insist all of Victor Scerri's Bahrija permits should have been revoked"
INSIST THIS. . INSIST THAT . . DEMAND THIS ... DEMAND THAT ....
WHO DO YOU THINK YOU ARE!!!!
WE THE PEOPLE INSIST SOMEONE IN AUTHORITY PUTS YOU IN YOUR PLACE BECAUSE WE HAVE HAD ENOUGH OF YOUR ARROGANCE.
NOW YOU HAVE BEEN TOLD OFF YOU CAN THROW YOUR USUAL TANTRUM - START BAWLING, SPIT YOUR DUMMY AND STAMP YOUR FEET.!!
James A. Tyrrell
Aug 14th 2009, 14:13
@N.Calleja. You pose the question, 'are the three NGO's following a particular agenda?' Of course the three NGO's are following a particular agenda. The agenda they are following is the protection of what little is left of your beautiful country. And it is obvious from cases like this that the NGO's are needed as the elected authorities in Malta don't seem to have a clue what they are doing.
J Farrugia
Aug 14th 2009, 14:01
@ Joe Cassar - then you have many tears to weep since your Labour government destroyed almost all the environmental areas in Malta during its reign (1971- 1987) when only the minister use to approve building permits . And how about the beatings to environmental youths who used to protest against such development abuses committed by the Labour government. Weep on - we have wept several times during that terrible reign. Today's is only hogwash. And btw, where is MEPA? why is it only looking at Bahrija when in the Wied at Qormi, near the Lufthansa hangar, there are atrocities being committed in the name of construction, and who is responsible is getting away with murder?.
Martin Abela
Aug 14th 2009, 13:59
Who are these 3 NGOs to dictate, they should learn that everytime they open their mouth they do not do good to the environment but damage, removing a delapitated farmhouse and building a new one is good, it removes an eyesore, the same could have been said on the Ramla Project, removing that disaster and replacing it with something estetically better is good for the overall image of this country. I dont know what their agenda is but it stinks.
And if someone wants to say that these places should be removed and brought back to land then they should put their name down to pay, i for one do not want to pay any extra taxes for the purchase of these lands from their owners.
On the MEPA board, this should not have been their to investigate Mr. Scerri's application since this had already been approved, they should have been there to investigate those who issued the permit and then for heads to roll, from the top down.
m camilleri
Aug 14th 2009, 13:51
With reference to the revocation of a permit, section 39(A) makes a proviso as follows: “Provided that the Authority shall not revoke or modify a development permission on the basis of fraud where the fraudulent information did not have a material bearing on the issuing of the development permission;” The information relating to the slope of the land and the condition of the structures on site is information that was easily verifiable by the case officer and by the DCC and therefore this does not constitute wrong information which had “a material bearing on the issuing of the development permission”;
The three NGOs are technically incorrect in calling for the revocation of the first two permits.
Joe Cassar
Aug 14th 2009, 13:46
As a PL supporter, I am pleased, as this means that the scandle will rumble on and on to the detriment of the Gov and the PN;
As a Maltese citizen, I am apalled at the way our institutions are so easily manipulated;
As I lover of the environment, I weep silent tears.
Mary Mizzi
Aug 14th 2009, 13:42
Maybe once completed, this farmhouse will be the right venue to host some of the characters from Orwell’s Animal Farm, those with trotters and tend to feel more equal than others.
Galea. L
Aug 14th 2009, 13:41
MEPA, REVOKE ALL PERMITS.
YOUR CREDIBILITY IS NADA, ZERO, NIL.
NO BUILDINGS IN THAT AREA OR IN ANY ODZ.
WHO WOULD BLAME MALTESE CITIZENS FOR THINKING there is corruption in MEPA?
J. Borg
Aug 14th 2009, 13:40
@ N.Calleja
You commented that...
"The decision taken by more than a dozen people was democratic and should be accepted by all."
TWhere are hese dozen of people now?
They took their decisions (that you are insisting to be accepted by all) and now they have walked to new "pastures" without carrying any responsibility for the decisions they took!
Is this democracy? Is this what an EU state government promotes?
The cancer in MEPA and beyond is that people are appointed for their affiliation (and not their capabilities) and then both the persons appointed and also those who appoint them - are allowed to walk away - without any personal liability for the decisions that they had been trusted to take - supposedly in the national interest.
It is about time that personal liability is imposed on officers appointed in such positions - otherwise the same story will continue to happen time and again.
Anthony Mizzi
Aug 14th 2009, 13:33
It is the MEPA Board that should have been revoked.
MEPA Boards should not be partisan and PERCEIVED not to be partisan. This Board is still following in the footsteps of the previous Board which resigned en masse after the Mistra Bay Permit scandal.
Such decisions are only making MEPA not loose its last remaining credibility but having no credibility at all in the public’s perception.
Permits of dubious and controversial nature seem to be continuing to slip from the fingers of the firm hands that should have grabbed MEPA by the horns , reformed it and given it credibility... ...sic
Mark Bonello
Aug 14th 2009, 13:32
MEPA Auditor, NGOs. I sincerely hope that this is not a bad dream re anactment of the Inquisitor's days !
E Mifsud
Aug 14th 2009, 13:31
Just imagine a building right in the heart of that magnificent scene shown in the photo above. It's more than clear that it would be nothing but a appalling eye-sore. This is an attemp to keep Victor Scerri happy and silent.
Anthony Mifsud
Aug 14th 2009, 13:27
Dr. Scerri should have never applied for a permit in the first place. We either believe what we preach or we do'nt. This whole incident has put MEPA and the PN in very bad light I'm sorry to say !! When are we going to grow up ??
DVella
Aug 14th 2009, 13:01
It would be interesting to know whether the Permit File for the original Outline Permit, which was ostensibly 'lost' or 'mislaid' by the Directorate, has been found. If the Auditor's report is anything to go by, it was this Outline Permit which laid the ground for all the subsequent ones!
N.Calleja
Aug 14th 2009, 12:50
the three puritan NGO's are still bickering for their pound of flesh! When it's convenient for them they quote the Mepa auditor! After all who is the Mepa auditor? Is he the all-mighty unfallible expert? The decision taken by more than a dozen people was democratic and should be accepted by all. Or are the three NGO's following a particular agenda?
Joe Borg
Aug 14th 2009, 12:46
"Flimkien Kollox Possibli!!!!!!!" Gonzi