A developer seeking to build two villas overlooking Fekruna Bay in Xemxija has for 20 years maintained an illegal tunnel from the bay to a nearby hotel, prompting residents to fear that there are plans to turn the bay into a private beach.

A Planning Authority spokesman confirmed that an enforcement order had been issued in 1996 against Joseph Fenech for a tunnel constructed without a permit from the Ambassador Hotel, which he owns, to the public beach. The enforcement order remains active today.

Mr Fenech has also built a boundary wall which visitors must clamber over in order to access the bay. A permit for the wall issued in 1993 included a condition requiring an unlocked gateway to be inserted, which would have ensured public access to the bay, but this was never carried out.

Meanwhile, signs marked ‘Private property’ have been painted on the road on another access to the bay, and nearby residents who spoke to this newspaper said they were concerned that the long-term plan was to enclose the bay as a private beach for hotel guests.

When the Times of Malta contacted Mr Fenech for a reaction, a representative said he would return the call in order to give his comments. No communication was received by the time of going to print.

Mr Fenech is currently appealing the decision to schedule Fekruna Bay, which prevents any development in the area.

If successful, the long-standing appeal, which dates back to March 1997, would allow him to construct two villas on plots he owns overlooking the bay. The next hearing will take place on Tuesday.

Plan to enclose the bay as a private beach

Planning applications for the two villas have previously been turned down because of the scheduling, which came into effect after Mr Fenech bought the land in question.

The site, which is earmarked as Area 1 due to its ecological importance, was scheduled in June 1996 following a wide-ranging exercise carried out by the Planning Authority to protect coastal cliffs.

The Fekruna cliffs support thick stands of vegetation and are characterised by clay slopes and boulder screens that are important ecological habitats.

In October 2011, Mepa was ordered to pay €15,000 as compensation after a court ruled that the scheduling of the land was in violation of Mr Fenech’s right to enjoyment of his property, although the court found no grounds to conclude that the scheduling was unlawful.

Mr Fenech claimed at the time that the scheduling had been carried out to benefit third parties who had property in the vicinity.

Environmental groups have strongly urged that the scheduling be retained.

Nature Trust previously warned that any construction in the area would involve the excavation of large amounts of blue clay and would expose the site to erosion, as well as jeopardising the highly vulnerable ecology of the coastal cliffs and creating an eyesore against the pristine landscape of the area.

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