Auditor raps Mepa DCC over Qala development
'DCC failed to take into consideration the environmental sensitivity of the site'
The Mepa audit officer has criticised Mepa for having issued permits for development along a ridge in Qala overlooking the Gozo-Comino Channel, arguing that while the local plan was vague over the issues involved, the Development Control Commission should have exercised better discretion in defence of the environment.
The development involves the development of the site currently occupied by Xerri l-Bukkett restaurant.
The main point at issue is over basement storeys. While those storeys will be below street level, they will be fully exposed from the back as the ridge slopes downwards.
"The question of the basement was hardly considered at all, either by the case officer or the DCC," the auditor, Joe Falzon, wrote in a report.
He said that policy stated that no underlying basements were permitted. This policy (whether for the site under consideration or elsewhere) had always been interpreted as meaning basements above street level. Basements completely underground were permitted. And the applicant insisted on this fact during the processing of the application.
"But in this case the situation is completely different: the basement may be completely underground on the façade of the building, but it is definitely completely exposed on the back side - where it matters. The net result is that there is a building over three floors high over the ridge."
He said the DCC did consider the problem of the appearance of the building. It even requested the applicant to submit photomontages of the proposed development.
"I have two different photomontages: one by the applicant which seems to indicate that the visual impact of the proposed development is fully acceptable and one from the objectors which shows a totally unacceptable development?" the auditor wrote.
"This is the typical situation where a decision-making body has to make use of its discretionary powers (assuming good advice had been given by the Planning Directorate). The crucial decision was whether to accept the basement or to apply rigidly the policy which prohibits any underlying basements.
"It is obvious that when the policy for rural settlements was written, the situation of a rural settlement on a very sensitive ridge was not considered. On the other hand it is obvious that the height of the buildings was of concern. I would have expected that the DCC would have insisted that no basements could be constructed which would have led the building to be left at one storey high as existing. How the DCC could accept a building which was three storeys high over a very sensitive ridge is difficult to explain."
Mr Falzon said a that a controversial development had been approved which was likely to have an adverse effect on an area of high landscape value.
He said the main fault was with the person who prepared the local plan for the area and those who approved it.
"But the DCC is also at fault. These are the situations where professional discretion is important. The Planning Directorate had given a recommendation for refusal listing five reasons for this. The reasons given for overturning the recommendation answers the objections of the Planning Directorate at best only in part and ignores completely the sensitivity of the site." Mr Falzon said.
Mr Falzon said Mepa should take measures to ensure that areas of high landscape value or high architectural value are suitably protected. Irrespective of any Local Plans or other policies it should be made clear that the protection of such areas is paramount and should take precedence over any other policy which conflicts with this basic requirement.
MEPA's reaction to preliminary report
Mr Falzon said that Mepa in a reaction to the report, which he had handed it before publication, had justifiedthe approval on the basis of the fact that the Local Plan designated the area as a Category 1 and the DCC had to apply the relevant policies.
Mr Falzon said, however, that he still disagrees with the DCC because, although a basement completely underground is permitted in Category 1 Rural Settlements, in this particular case the basement was only underground along the street. At the back, the sharp drop in the terrain exposed the basement completely. The DCC should have used its discretion, as advised by the case officer, and refused the application due to its negative visual impact as seen from a long distance away.
Furthermore, he said, the DCC failed to take into consideration the environmental sensitivity of the site.
The audit officer compiled his report following a request by a group of NGOs led by the Ramblers' Association and FAA.
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V Battistino
Nov 14th 2009, 13:02
"I have two different photomontages: one by the applicant which seems to indicate that the visual impact of the proposed development is fully acceptable and one from the objectors which shows a totally unacceptable development?" the auditor wrote.
I would have expected that the first thing the Auditor does was to check which photmontage is the true version ! Otherwise he might have wasted his time and taxpayers money if the objector's is incorrect and on the otherhand the permit would become null if the applicant's version is incorrect (and so misleading)....photomontages are known to being subjective to the authors' intention ! so much for going public with such statements !
Stephen Borg Cardona
Nov 12th 2009, 23:42
I am quite sure that if a survey had to be carried out amongst Malta's population MEPA Auditor Joe Falzon would be found to be more trustworthy than any Maltese Politician.
K Frendo
Nov 12th 2009, 23:07
this is not a basement - it can be seen from Mellieha FCS. You cannot see a basement. The two top storeys are overlooking the existent street while from the back the five storey building ovlerlooks another street in the making.
@J Farrugia - all ODZ development is irregular
J Farrugia
Nov 12th 2009, 20:09
@Dennis Zammit
The Auditor has the right to comment on court decisions.
In fact Dr. Gonzi followed his example when he criticized the European Human Rights Court's decision regarding the removal of Crucifixes.
Dennis Zammit
Nov 12th 2009, 19:16
@ Manwel Debattista
The MEPA auditor is NOT in bold and capital letters above higher institutions.
In this respect, he MUST obey and respect Law Courts decisions and also those of the Ombudsman. He is NOT above the system.
Galea. L
Nov 12th 2009, 18:23
J Farrugia
What's wrong with keeping tabs on what MEPA is doing?
Manuel Debattista
Nov 12th 2009, 17:23
@J. Farrugia
Why do you insist on politicising the issue? This issue is about Malta and Gozo's environment today, not 30 years ago! Perit Falzon is doing exactly what he is paid to do - appraising, assessing and reporting on the workings and decisions taken by MEPA officials. If only our politicians show as much care and concern for our environment as Perit Falzon, then the future will be much brighter.
emanuel bajada
Nov 12th 2009, 17:20
Thank God we have a decent person like Joe Falzon in Malta. I say this even though he gave me a hard time whilst I was developing my land. He started an investigation on a mistake of 1.5 sq meters circa we had in our application , yes our application was 1.5 sq meter larger than the actual plot. An enforcemnet followed, and more me and the architect spent a whole day at the Police depot being investigated on fraudulent application.
In contrast during the same time in an other development application nearby the case officer refers to an outside development permit in his DPA report which permit is non existent and when I confronted the case officer during the hearing to be more specific about the outline development permit and give the number of said permit, he admits that there is no outside development permit and yet in the same hearing the DCC go ahead and approves. The board of the DCC in question was composed of the same persons in the Mistra case.
Again notwithstanding all the hard time Mr.Falzon passed me through on such a stupid issue I have a big admiration for him and his work.
Andrew Calleja
Nov 12th 2009, 17:09
Without going into the merits of this particular case I want you to mull over this state of affairs.
In some audit reports the auditor harps about how MEPA is obliged to strictly follow the approved policies and raps everyone’s knuckles when this is not the case. He maligns the ones who attempt to exercise their discretion suggesting negligence or even worse.
In other report he denigrates the same people for not applying their discretion in interpreting policies or ignoring these policies because, according to him, they are wrong or not relevant in particular cases.
The auditor influences the behaviour of others especially that of the MEPA case officers and the DCC members. His antics have got everyone running round in circles and the only option left to them is to consult him before taking any decisions because he is the ONLY one that can decide whether regulations should be followed or ignored - HIS interpretation is ALWAYS correct.
The Prime Minister is totally right in showing his disapproval. Nobody is beyond reproach especially when a person holding this sensitive position gives rise to such ambiguity which in turn leads to more confusion and uncertainty.
James Grech
Nov 12th 2009, 17:04
Quite strange how the negative attitudes against auditors such as the Mepa one is on the increase. Government or its entities appoint (or allow the appointment) these persons to make sure things are within stipulated regulations. Yet when the report from an auditor is not to our liking we immediately criticise and call reform (intending to reform the power given to these people). This is to no surprise at all given that even PM Gonzi has somewhat shown distaste at what Mepa auditor recently commented about the mistra permit and the courts decision. I think that such persons are commendable in the way that they undertake their duty, furthermore, WE should all be thankful that these same people are highlighting and challenging these irregularities instead of condescending.
Joe Vella
Nov 12th 2009, 17:00
Sur Awditur, it is either a basement or not. Time to go, do the honorable thing and resign. Have no more credibility. Stop playing being God, period.
J Farrugia
Nov 12th 2009, 16:25
Stop funding such illogical, unpractical and NGO-accomodating auditors. Reform MEPA asap.
J Farrugia
Nov 12th 2009, 16:23
@ Manwel Debattista - this country has already been ruined by previous labour administrations when the Minister was the God of the planning process and no Periit Falzon or audit officer was available at the time to contradict the Minsiter otherwise it would be off with his head. I repeat what I said that this Mepa audit officer. He should be removed immediately. It cannot be that all developments are irregular according to him. Even where no doubts exist. Seems to me that as long as he pleases NGOs and lambasts the MEPA and the Government it's OK for certain diehards.
Lawrence Farrugia
Nov 12th 2009, 16:01
@ Martin Abela
You sound like another PN apologist defending the indefensible. If we had more conscientious persons like Perit Joe Falzon, MEPA would not be in the mess it finds itself in.
Alfred Farrugia
Nov 12th 2009, 15:21
Can the Auditor kindly explain how many floors above street level this development is going to have? How many floors does the current premises have? If it is the same, what is the problem? What is wrong with a couple of floors below street level on a slope? As long as the new development is not higher than two floors from street level, the auditor’s objection should be treated as a personal opinion and not as a valid objection according to law.
Has the Auditor ever travelled abroad? Perhaps he needs to get a holiday. May I suggest that he goes to Istanbul and takes a cruise along the Bosphorus to take a look around him! Perhaps then he would realize that his claims are meaningless. Of course there are millions of properties around the world on hilly slopes, including nearby Sicily, if he is too busy. The auditor is not infallible.
Joe Agius
Nov 12th 2009, 15:08
A reform of Mepa, even if accompanied by a Code of Ethics, is just a waste of paper unless it includes the sanctions which all the stakeholders incur in case of fraud, misconduct, slipshod work, etc: withdrawal of permit, carreer status, fines, dismissal and even imprisonment.
Malta could do with less of the likes of Messrs Abela and Zammit who just try to throw mud without bringing forward a single argument to back their statements or silly hypothesis. The majority of Maltese admire the honesty and mettle of Mr Falzon and appreciate the fact that he sticks out his neck to defend the people and future generations.
mario gellel
Nov 12th 2009, 14:49
One assumes they have rules and obligations to follow which are being ignored.
Then the (?) is, are they not suitable to do the job or worst was there any influence or interferance from a higher person in a high goverment position to issue the permit???
This is becomming the jungle rule of the day. Corruption versus onesty.
For the sake of Malta, why is the Govt closing both eyes on this Institution
As for the Auiditor power Mr.Zammit, he is backed by both sides of parlament.
Adrian Borg Cardona
Nov 12th 2009, 14:25
Martin Abela: you say a lot against the Auditor and prove nothing. You are just throwing mud at him. Just as you state that the Auditor may have a grudge against MePA, I say the same to you, i.e. unless you prove what you say, you have a grudge against the Auditor. Just one small point: you say that he takes pot shots at each approval by the DCC. This is far from the truth. If only he would examine each and evrey permit! But he cannot do this as the powers that be have made sure he works alone, without any assistance.
P.Cassar
Nov 12th 2009, 13:37
Yet again another example where the Maltese are on one side and the govt.comopletely on the other side (perhaps supported by the likes of G Demartino J Martinelli). But this situation is getting too common for comfort.
P. Schembri
Nov 12th 2009, 12:59
Our country is in ruins due to uncontrolled development and eyesores, and you find fault with the auditor. Although he's no knight in shining armour, at least he's pinpointing the faults in decisions, which if taken, will ruin our environment forever! I agree with the auditor on this one too! And I'm not alone on this one either!
S. Camilleri
Nov 12th 2009, 12:57
MEPA's DCC is just an incompetent Kangaroo Court. I expressed this when I was unlucky enough to attend a couple of meetings a few years back... And this feeling was expressed more publicly by a respected member of our judiciary, a judge, relatively more recently.
It is a travesty of the term consultation with a bunch of appointees taking arbitrary decisions without ever looking at the big picture
Manuel Debattista
Nov 12th 2009, 12:39
@ Dennis Zammit
I just could not resist replying to your comment on the MEPA auditor, If it were not for people like Perit Joe Falzon this country would be totally ruined by the whims of speculators abetted by public officials who should know better. It is his role to check and report on obscenities like this Qala scandal and he's proving to one and all that he's one of a kind: Incorruptible and very good at his job. One has to be a PN/MEPA apologist to find fault in his reasoning.
c galea
Nov 12th 2009, 12:34
Simply by looking at the photomontage one can see what a monster this is going to be.
So when the DCC board went on a site inspection, didn's they see that the view from the Qala belvedere is going to be ruined by this monster.? Also looking from the ferry towards the ridge couldn't they see that the present building is already an ugly site let alone adding another two floors?
So what last impressions of Gozo are the tourists that visit this belvedere as their last stop going to leave with?.
What's the use of spending millions of taxpayers money to advertise Gozo as an Eco island. Eco Gozo is not just putting solar water heaters on every house. Eco Gozo is saving what is left in the natural environment and saving the characteristics of this beatiful island.
One doesn't need to be an Einstein what is behind this project?? .
Eco Gozo my foot!!!!
Dennis Zammit
Nov 12th 2009, 12:21
Does this mean that the MEPA Auditor is the person who finally decides what happens in this country? Is he above everything in this country?
I think that he feels that he is!!
Pity he has never opted to go for a national election so that the people can show him what they think of him.
Joe Morana
Nov 12th 2009, 11:54
Another 'masterpiece' approved by MEPA!!. So much for MEPA's environmental sensitivity and for the MEPA reform. SHAME
I will surely boycott this proposed establishment
Martin Abela
Nov 12th 2009, 11:44
As usual the Auditor in his full frustrated attitude takes pot shots at each approval issued by the DCC. It is either that the auditor has a grudge at the DCC and MEPA as a whole or else he intends going into politics and is pre advertising himself as a paladin of the environment.
He is daily going way out of line and should be removed from his post.
walter caruana
Nov 12th 2009, 11:27
Mepa has very often been accused of taking wrong decisions. Since Mepa is an autonomous institution, the government refrains (and rightly so) from interfering. However I think that when both government and opposition (that is the representatives of the whole nation ) agree on a common decision, then the autonomy of mepa should be overridden in that particular case
Lawrence Fenech
Nov 12th 2009, 11:20
Il-MEPA qed tharbat ir-residenti bil-permessi ta' erbgha u hames sulari ma dwar Malta kollha. Sirna qiesna qeghdin go kaxxa taz-zraben.
Edward Grove
Nov 12th 2009, 11:18
Will I be right to assume that the erroneous consent to this plan will now be withdrawn?
D. A . Agius
Nov 12th 2009, 11:08
Let's face the truth... having MEPA is simply incovenient and just a waste of public funds. SCrap the authority and just let everyone do as they wish. At the current way things are being done, there simply isn't any difference...
J. Borg
Nov 12th 2009, 11:07
Until PERSONAL LIABILITY is attached to offices such as the DCC Boards - we will keep getting such illogical approvals..........with the Board Members and those who appointed them quitely shying away from any responsibility.
Then we would have donated to our kids this "striking" sight every time they look at Qala whilst crossing between the islands!
J. Schembri
Nov 12th 2009, 10:54
What should happen now?