Since 1991 the site has seen some 15 enforcement notices

Police have been urged to take criminal action against construction magnate Charles Polidano over illegal dumping and construction that has been taking place in the fields behind his group’s headquarters in Ħal Farruġ.

His brother, Paul Polidano, was arrested briefly yesterday morning when he attempted to resist the planning authority’s enforcement officers who swooped on the site.

The officers sealed off two large illegal depots that have developed through the illegal dumping of tons of rubble onto the fields behind the company’s premises. This has been going on since at least 2004.

The authority over the years had issued three enforcement notices, in 2004, 2006 and 2009, but the matter escalated after The Times started investigating the issue last week.

Yesterday, the planning authority went to the site with a crane that set down large concrete blocks to block the vehicle entrance to the depots, which are littered with scrap, vehicles and heavy machinery.

In a statement, the authority said that earlier this week, following several warnings, it had asked the police to initiate criminal action against the developer “for abusively carrying out a series of developments within the Ħal Farruġ area without the necessary planning permits”.

The Times tried to obtain a reaction from the contractors but while attempts to contact Charles Polidano failed, his brother Paul hung up the phone shortly after being asked to confirm that he had been arrested.

Over the past few weeks, the contractors had started erecting an illegal concrete structure. Several pillars have been put in place in what appears to be a multi-storey building at the back of the headquarters.

The illegal work follows a pattern that Polidano Brothers have implemented successfully at the Ħal Farruġ site over the years, by which they first extend the site illegally and then seek to sanction the development later.

Since 1991, when work first started there, the site has seen some 15 enforcement notices, according to the planning authority. Still, the group developed a headquarters and the Poli Gas plant over a stretch of land in excess of 45,000 metres squares that was once outside development zones.

The gas plant is located just 140 metres away from a fireworks factory in the area that belongs to the Ta’ l-Istilla band club of Luqa.

With the recent illegal development, the boundaries of the depot are less than five metres away from the fireworks factory (the law recommends a safety buffer zone of 183 metres, although this only applies to residential areas).

However, the walls are likely to minimise the danger, because massive walls of concrete, concealed by an outer layer of rubble walls, have now been built in front of the fireworks factory.

If there were to be an explosion, they are likely to shield the gas tanks, pushing the blast and debris away and into the valley.

Highlights of the plant’s development history

1991

Reports in the press question the legality of works carried out on what will eventually become Polidano Group’s headquarters.

1994 – April

The then Planning Authority issues a stop notice. A previous application for a permit, which according to Mepa’s current records seems to have first been lodged in 1980, starts being processed as PA 6161/94. It was eventually dismissed in 1995. During this period the developer reportedly bulldozes a large number of carob trees.

1995 – May

The Siġġiewi, Qormi, Luqa and Mqabba local councils band together to pressure the developer to clean up the area and restore it to its original state. They also question the fact that Telemalta carried out trenching works to supply the site with a telephone line when the place had no permit. In October, the authority takes Charles Polidano to court for uprooting carob trees.

1996 – June

Polidano Group applies for a permit again: PA2367/96.

1997

While the application is being processed, the Planning Authority issues a second enforcement notice, for illegal construction of workshops, stores and offices on the same site.

1997 – October 17

The case officer files a report recommending refusal. The board upholds the recommendation and refuses permission on January 26,

1998.

A request for reconsideration by the board is also refused. 2004 Six years after an appeal is filed by the developer, the appeals board overturns the previous decision and approves the application. Shortly before the appeals board decision in March 2004, Polidano Brothers apply for an outline development permit (PA 1591/04) to consolidate their existing property at the site amounting to roughly 45,000 square metres of land, which is outside development zone. Part of the land includes the plant on the left hand side, which, to date, is not covered by a permit, according to Mepa’s map server.

2004

Mepa issues an enforcement notice after the company turned part of its land into an open store for heavy vehicles and scrap.

2005 – February 23

An application is filed for the construction of “an air separation plant”. On May 12, 2005 the Mepa board grants permission.

2006

Mepa issues an enforcement notice about the illegal dumping taking place at the site.

2006

Polidano Brothers applies to build “and sanction” part of the proposed extensions and alterations to the existing plant, outside development zones.

2007 - May

They are granted permission. 2009 The authority slaps Polidano Brothers with an enforcement notice for dumping of inert waste and storing heavy plant machinery and other scrap at the site.

2010

The company again applies to “part sanction” further extensions and alterations made to the site outside development zones.

2012 –

September Mepa asks police to take action against Charles Polidano over an illegal development and dumping over a vast area behind his plant.