Encroachment on Ghajnsielem belvedere to stay, FAA complains
The environment NGO Flimkien Ghal Ambjent Ahjar regretted today that although the Lands Department was taking legal action following alleged illegal development encroaching on the belvedere in Ghajnsielem, demolition was not being considered because of the risk of destabilising the belvedere itself.
"While FAA appreciates the Lands Department’s efforts to ascertain the facts and take legal action, it is regretted that the developer will be permitted to enjoy the encroachment subject to financial compensation. It is hoped that adequate compensation will be set at today’s market prices, together with a fine for abusive usurpation of a public space," the NGO said.
It claimed that the encroachment was made for the extension of the Grand Hotel.
The authorities had initially denied that the developers had invaded public property. However following protracted negotiations, an independent expert confirmed that there had in fact been encroachment on the part of the developer and legal action was instituted.
FAA said it was also outrageous that this abusive construction included demolition of the ramp which allowed disabled people to enjoy this public space, since a wall of the abusive building was built on the footprint of the ramp. It called on the National Commission for Persons with Disability to take action.
It also claimed that this abusive project was handled by an architect who is a member of Parliament.
"One asks where the Chamber of Architects’ Ethic Committee, the legal guarantor of architectural ethics, stands on such behaviour by one of its members," FAA said.
Popular Stories
Update 3: Woman found dead in car,...
Updated: Woman dies in car crash
Carm Mifsud Bonnici resigns after...
Part of Dwejra 'Azure window' collapses
The end of the bar that ‘never closed’
Bundy does not know whether to...
Updated - Jason Micallef demands...
This WAS the night - Kurt makes it...
'No need for early election if PM's...
In Discussion
Updated - Jason Micallef demands...
Gozo tunnel could take 5-7 years to...
CABS remote controlled aircraft shot...
Carm Mifsud Bonnici resigns after...
Joseph Calleja condemns portrayal of...
Updated: Labour would give...
CABS drone shot down
Second group of migrants arrives
Adrian Vassallo in scathing...
44 Comments
Post comment
Please sign in or create your Account to post comments.
Sonya Smith
Jan 31st 2011, 16:52
If the belveder is in that much in danger it`s the developers problem and who ever let it continue in the first place. Many people in this street started to speak before the construction even started! it still continued! Local council did know what was going on and ignored every bit of it because of the corruption that stands! So if the belveder suffers from damages, have the developer fix it! It was ok before and children in this street had a place to play and ride their bikes. Even the dissabled people when they had outings, they couldn`t take them down cause the developer destroyed the ramp!! Now it blocks of cement and concrete and edges waiting to give away! All because of greed!
Ramon Casha
Jan 31st 2011, 05:49
Have the developer remove the offending structures and, if this destabilises the belvedere, the developer would be required to repair or reconstruct it, and foot that bill. Allowing the encroachment to remain sends a dangerous message: that if you want something and you know you won't get the necessary permits, just go behind everyone's back and once it's too late, they'll let you continue.
Joan Nelson
Jan 31st 2011, 02:12
I repeat what Pawlu Scicluna said earlier.
"No excuses must be accepted. Do whatever it takes to remove the illegal encroachment and make the belvedere safe at the enroacher's expense. That us the only way these cowboys will learn to respect public property and laws. AGAIN, DO WHATEVER IT TAKES TO REMOVE THE ILLEGAL ENCROACHMENT AND MAKE THE BELVEDERE SAFE AT THE ENCROACHER'S EXPENSE. NOTHING ELSE IS ACCEPTABLE."
And we 'the public' must start backing up our NGOs with public protests 'on site'.
NGOs need to be connected via the internet and fan out info. to their members with time and place to gather in our numbers and emphasize public disapproval by showing up at the site with placards. Hopefully too this will be an embarrassment to the offending parties involved - if they even have a conscience.
Let us talk the talk and walk the walk, and get involved to put an end to this sooner rather then later. If we wait for the law to do it's job, Malta will be in shambles. We must act asap. so let this be our call to all NGOs to involve all their members for this necessary cause. Sign Up!!!!
c.t. busuttil
Jan 30th 2011, 23:18
Had the Gozitan residents been given the attention they sought, four years ago, intervention would have been possible.
Sandra Pullicino
Jan 30th 2011, 10:11
Weak with the strong and strong with the weak. How about forcing a home owner to pull down a room because he or she may have exceeded the size or height by a few inches while allowing these well-connected environment destroyers to get away with murder?
Ninu Cassar
Jan 30th 2011, 10:02
Does this not breach the UE's environmental laws? How about the European Commission being asked to investigate how MEPA is dishing out all these illegal development sanctions and ordering the demolition of whatever was illegally constructed and the rebuilding of the belvedere at the expense of the developer? How about the European Commission ordering the striking off of the register and the withdrawal for life of any architect warrant who violates environmental laws? That should put things right.
Astrid Vella
Jan 30th 2011, 16:20
Unfortunately the EU doesn't step into cases that it perceives as our own internal matters, however the measures you mention, at least temporary suspension of an architect's warrant are long overdue. I am sure that many architects will agree as the abuse of a few gives a bad name to the whole profession.
I repeat what I stated below that as may be seen from the lower photo, most of the encroachment is under the belvedere in the form of foundation buttressing which took place under public land, instead of occupying part of the developer's footprint, as it should do. It is for this reason that it is being said that removal of the offending structure will risk the stability of the belvedere.
Carmel Cilia
Jan 30th 2011, 08:37
This is another example under this administration how to reach the intended end by hook or by crook. GonziPN. promises were far from upheld. This is all abuse of power. Shame.
tony fava
Jan 30th 2011, 07:30
To all of you who have been hit by this atrocity. Mark my words that this is a time bomb in that as soon as the Gozipn is relected to power, works will be carried out asap irrespective of all the protests and NGO's and what have you.
Muscat Pat
Jan 30th 2011, 09:53
And the' Green Party' and their fiery anti-PL leader sleeps on; have a nice nap!
James A. Tyrrell
Jan 30th 2011, 03:13
So on the one hand a Gozitan quarry owner is fined €100,000 and ordered to return the sites back to their original state within three months. Something, which I think everyone agrees, is impossible. Yet in this case the illegal development encroaching on the belvedere in Ghajnsielem is being allowed to stay because of the risk of destabilising the belvedere itself. This gives the impression that someone is being protected in this case. Question is who is doing the protection and why? The excuse about destabilising the belvedere is just that, an excuse and a very lame one at that. It is common today for entire buildings to be underpinned in order to provide strengthening and stabilizing of the foundation so I fail to see why the same process cannot be applied in this case to stabilise the belvedere before removing the offending structure. Am I missing something here?
N. Bonello
Jan 30th 2011, 00:52
"One asks where the Chamber of Architects’ Ethic Committee, the legal guarantor of architectural ethics, stands on such behaviour by one of its members," FAA said.
Yes indeed one asks - if there is such a thing as an Ethics Committee.
I also ask isn't this also a criminal act ?
Vincent Farrugia
Jan 30th 2011, 09:55
N. Bonello do you really believe that such a committee would exist when the architects have been so destructive of the environment and would do anything to get a permit by hook or by crook?
Raphael Dingli
Jan 30th 2011, 00:27
There are several references to the developer, the culprit, the owner, the company etc. But who is this individual/s? Is it the owner/s of Grand Hotel? At the very least they should be named and shamed. And so should the architect. I cannot fathom how all the individuals are not only getting away with it but also suceeding in having their name/names suppressed. Shame Shame Shame.
Peadar Farrell
Jan 29th 2011, 22:54
A first year Engineering student could find a solution to stabilise the ground and remove the offending structure. Also the Architect must carry professional indemnity insurance. This will cover the cost of the remedial works. People cannot get away with this type of crime, yes this is white collar crime, just the same as shoplifting but people usually don’t go to Jail, but they should.
Francis Mercieca
Jan 29th 2011, 21:29
The situation Malta is in at the moment, is funnier than the 'teatrin' we watched as kids at the Zejtun 'Domus' in the fifties. Who do the Lands Department think they are taking for a ride. The question is who closed one eye, or both, till the 'damage' was done and the belveder raped? And furthermore in this day and age there is nothing irrepairable. Even the Tower of Pisa has been steadied and we cannot fix a belverder??????? 'Teatrin'
pat camilleri
Jan 29th 2011, 20:13
Disgraceful. They have ruined the entire road for most people. Shame on whoever is responsible.Whoever did this should be fined and the area restored to it former state.
Franco Farrugia
Jan 29th 2011, 20:09
These things do not only happen in Gozo but on the mainland as well. Developers are getting away with it because they have the money and because they have contacts. They also employ people and so, they think that the country owes them! They are in cahoots with the authorities and they do what they please. When and if they are caught, it takes times for action to be taken and then, they get away with a fine that is easily paid because it goes with the expenses. This is the reality. The country has become one big concrete jungle, a mess, and Valletta, no less.
What is worse: everything has become a storm in a teacup. Or, as a 'bright columnist' would say - a storm in an espresso cup! Then, people like Astrid Vella are ridiculed, attacked from all sides even by the people themselves!
charles caruana
Jan 29th 2011, 20:01
Make him rebuild the belvdere at his own expense. Is there any credibiltiy left in the rule of law in this country? How many distinguished fingers are dipped in this particular pie, aside from the MP architect of course? SHAME.
Jason Borg
Jan 29th 2011, 19:37
Maybe it is not just the belvedere which should be destabilized, but also the power of the kuntratturi u l-ispekulaturi.
Francesca karlsson
Jan 29th 2011, 19:33
The authorities have known all along about the encroachment. Their inability to stop this development right from its start when the residents had provided photographic evidence of the encroachment is indeed shameful. Fining the developer is tantamount to sanctioning an illegality .
Let us not accept this feeble decision and take action ourselvesas the Joe Public who has a right to his Belveder, if the authorities are afraid to take soem serious action.
If demolishing destabilizes the Belveder then the developer should be made to rebuild the Belveder. Let us indeed stand up and be counted and take action against the developer, the Ghajnsielem Local Council and the Land Dept for its inertia in all this messy affair.
Stephen Mifsud
Jan 29th 2011, 18:29
Where is MEPA in this debacle? Are development permits being issued such that a developer can encroach on public land with impunity? Is not the architect of a project responsible to see that permit conditions are adhered too? We now read that the encraochment is such, that demolition is not an option. This is no hidden corner we are witnessing being lost. It is the Belvedere - one of the most picturesque spots in Ghajnsielem. The silence is deafening.......
A.E. Camilleri
Jan 29th 2011, 18:26
Shame on MEPA, but also on the architect - an MP! Get him to justice, and get the belvedere back to what it was, and at the developer's expense. Plus a hefty penalty. Our Mayor is also to give us an explanation as to why he has kept a low key throughout. Action please, and thaks to FAA, again. Keep up the pressure for justice.
Mary R Borg
Jan 29th 2011, 17:56
Once we had Building Inspectors to check that buildings were being built according to approved plans. Are there no Mepa Inspectors to do this today? Whoever has infringed public property should be responsible to rectify the situation, whatever it takes. This was not an accident, but a conscious act. If it takes dismantling the hotel, so be it. Or are some more equal than others?
m vella
Jan 29th 2011, 17:54
This country is being run by contractors, where are our politicians?
Paul Borg
Jan 29th 2011, 21:59
Our politicians are on strike hi, ghax ghadhom ma hadux l-Honoraria ta 600 eu fil-gimgha.
Raphael Dingli
Jan 30th 2011, 00:29
seems that the politcians are in league with the contractors in this case.
D Vella
Jan 30th 2011, 05:57
I'm surprised you need to ask M Vella
C Galea
Jan 29th 2011, 17:32
Well done FAA I have been following this story for some time now and it looks like here in Gozo we are a banana republic Let`s see what the outcome will be .
The liknk below has been reported for a long time and lately Mepa did a stop notice much too late Let`s see what action will be taken at Ta Muxi in Qala
http://www.youtube.com/watch?v=TSuJRlorrxg
Anglu Xerri
Jan 29th 2011, 19:49
Mr Galea. The bottom of the sea along the shore around Qala quarries is full of garbage, ask any diver that dives in that area and he will tell you about the huge ammount of garbage that's at the bottom. The quarry owners used to dump truckloads full of garbage at the edge of the sea so close for when the sea gets rough it will take into the sea bed. The authorities knew about it but there was never any fines that I know of.
Muscat Pat
Jan 29th 2011, 17:26
Eco- Gozo? More likely "bunga bunga" Gozo!
Joe Busuttil
Jan 29th 2011, 20:56
That's why it's called "the place where time stood still" because it has remained in the middle ages and is run like a fiefdom.
Carmel Camilleri
Jan 30th 2011, 10:14
Mr Joe Busuttil you should say the Maltese islands are being run like a fiefdom.
Carmel Camilleri
Jan 30th 2011, 10:35
Mr. Busuttil as far as i know caves in Malta are still being inhabited by Maltese as we saw on TVM news a few weeks ago.
Pawlu Scicluna
Jan 29th 2011, 17:21
No excuses must be accepted. Make whatever it takes to remove the illegal encroachment and make the belvedere safe at the enroacher's expense. That us the only way these cowboys will learn to respect public property and laws. AGAIN, DO WHATEVER IT TAKES TO REMOVE THE ILLEGAL ENCROACHMENT AND MAKE THE BELVEDERE SAFE AT THE ENCROACHER'S EXPENSE. NOTHING ELSE IS ACCEPTABLE.
Francis Debattista
Jan 29th 2011, 17:20
We as residents confirm that we have been bringing all this to the attention of the authorities. It seems that the mayor has been immune to all of this even after persisting reports from our end. Why?? All this illegal construction could have been stopped when our reports were first posted.. Now that part of our view has been obstructed as a result of this illegality in such a sensitive area of Ghajnsielem whats next?? Why should the developer get away with just a fine? What are
our rights? And will Mepa implement their updated enforcements?
Joe Cassar
Jan 29th 2011, 17:13
Even if we were to accept that the damage cannot be reversed (which seems very far-fetched) THE TRANSGRESSOR SHOULD NOT BE ALLOWED TO PROFIT FROM HIS LAWBREAKING.
Not even if he pays - otherwise we would have one law for the rich and one for the poor.
Simon Zammit
Jan 29th 2011, 16:38
Shame!! We the residents of Hamri street have been reporting this abuse to the Lands Dept,Mepa and the council of Ghansielem for the past 4 years. It was always evident that the developer had encroached the belvedere by several metres. However even after showing evidence of this we were always told that all was in order. Where are your responsibilities Mr Mayor of Ghajnielem?? and the architect in question who happens to be an MP? The fact remains that we had been reporting this abuse to all parties for years and still the developer has got away with this ruin.
Paul Caruana
Jan 29th 2011, 15:41
Of all the excuses for not taking action, this must surely rank as one of the most pathetic! If the authorities were serious, they would still take action to remove this spectecular eyesore, taking extra care and attention because of the risks involved - and billing the abuser for the extra effort it would involve!
I could harp on about the gross neglect shown by the authorities, yet again, in "Eco Gozo" - this time they cannot lamely claim that they did not notice what was happening in some out-of-the-way site.
I do strongly object to taxpayer's money being spent on 'Eco Gozo', when clearly this is nothing but a sham.
Incidentally, while in Gozo, the PM should really stop fighting windmills (or inaugurating wind turbines in his case), and instead focus on making the Gozo Ministry and other local branches of government more efficient in this regard.
Astrid Vella
Jan 29th 2011, 16:53
In all fairness this was what the belvedere looked like for over 18 months, until finally pressure from the residents and FAA succeeded in having these concrete ceiling slabs cleared, but the belvedere is still not fully rehabilitated to this day.
As may be seen from the lower photo, most of the encroachment is under the belvedere in the form of foundation buttressing which took place under public land, instead of occupying part of the developer's footprint, as it should do. It is for this reason that it is being said that removal of the offending structure will risk the stability of the belvedere.
karm cassar
Jan 29th 2011, 15:40
Hasn't this been done for the illegal extension of a hotel in Marfa?
R Borg
Jan 29th 2011, 17:11
Exactly Mr Cassar spot on :(
Joe Cassar
Jan 29th 2011, 15:40
I find it very hard to believe that, with modern technology, it is being claimed that the abusive developemnt cannot be removed.
I looks like the transgressor is being allowed to get away with it again.
Shame
jane vella
Jan 29th 2011, 15:15
Eco-Gozo is a farce! MEPA and Gozo Ministry have known that the encroachment was underway for a long time, but this was not nipped in the bud. So now, selling off the public belvedere is being justified on the alleged grounds that removing the encroachment risks "destablising the belvedere".
Well, public justice requires that any buttressing needed to avoid such destablisation must be taken - at the developer's expense. But to accept payment from developers for part of the public belvedere is not acceptable for the majority of law-abiding Gozitans and Maltese as this would effectively sanction the usurping of prime public land with unique views for private gain.