Giovanni Bonello – renowned human rights lawyer and constitutional ex-pert. Legal counsel in most of the cases regarding the breach of fundamental human rights in the 1980s. Lover of the arts and an author of several books about history. Acclaimed judge in the European Court of Human Rights. Former board member of Mepa.

Following the issuing of a ‘temporary’ permit for an illegally built Gaffarena petrol station in Qormi, Bonello recounted that he was dining with his family in a restaurant in St Julian’s when a man referring to himself as “Gaffarena” approached him and raised his hand in Bonello’s face while referring to the petrol station. Bonello was forthright in his condemnation of Mepa’s U-turn, saying the developer had abused his permit, almost doubling the building’s footprint, when the permit had already been granted exceptionally outside development zone.

He said he failed to understand how a development that had such “enormous” illegalities was being allowed to operate, recalling that the Mepa board deciding the case had overwhelmingly refused to sanction the illegal development.

Bonello is obviously very right. The former judge said: “I see that scorning a building permit, breaking the law and attacking those who did their duty pays.”

Joseph Gaffarena – the owner of the J. Gaffarena Service station on the outskirts of Qormi is a patient man. I don’t know if he’s read War and Peace but he seems to be quite familiar with the line from the book where Tolstoy wrote: “The strongest of all warriors are these two – Time and Patience.”

Because by employing these two warriors (and with the help of an all-forgiving Mepa), Gaffarena has managed to obtain clearance to operate his petrol station despite a slew of irregularities, defying an enforcement notice and at least one extra floor which was not covered by a permit.

When he was contacted for his comment, Gaffarena said half the petrol station was covered by a permit. He had always been assured by the previous administration that the permit would be forthcoming, but it was never issued. As to why he had gone ahead and built without a permit, he replied: “Nobody stopped us at the time, and when we were eventually stopped from operating, we immediately obeyed.” He denies getting any preferential treatment: “There are those who built five storeys illegally, so why not us?” Gaffarena is right.

Joseph Muscat – 40 years old, Malta’s youngest Prime Minister, voted into office with a landslide 35,000-plus majority. Some three months before he was elected, he declared that the boundaries of the ODZ would not be touched. Three months ago, a policy permitting the construction of certain types of development in ODZ came into force. When Muscat was asked to comment about the petrol station case, he justified it by saying that the most important thing was not to leave anything pending.

Patience, time and the political class have led to the ruin of the Maltese cityscape, seascape and countryside

The overwhelming importance of Mepa clearing its inbox seems to have impressed the Prime Minister, who concluded that Mepa’s decision in the petrol station case has not dented Mepa’s credibility. He is right.

The statements made by Bonello, Gaffarena and Muscat may seem contradictory. They can’t all be right. But unfortunately they are. Let’s take the Prime Minister’s statement to begin with. He says Mepa’s credibility has not been affected. That’s correct – because it didn’t have much to begin with.

And before anyone brings up the risible argument that Mepa is an entity which is totally autonomous from the government, let’s not forget that the majority of board members are appointed by the government and it has to operate within the legal framework laid down by the government.

We shouldn’t run away with the idea that Mepa is some sort of environmental or development watchdog. It may be effective in cases regarding enforcement of illegalities carried out by minor players but its embedded pro-development mentality and meek attitude in the face of bigger players means that the number of large scale applications turned down is minimal. And if such applications are refused, there’s always time and patience to bring about approval at some point. Which brings us to Bonello’s statement to the effect that illegality pays. In planning matters it certainly does. If one holds out long enough, some form of sanctioning will always be forthcoming.

And finally to the patient Gaffarena. He evinced disbelief as to why he was being singled out for flouting the law with impunity. If other developers had built as many as five floors without a permit, what was a measly irregular extra storey?

In the words of Mario Balotelli, “Why always me?” This, of course, is the danger of laying down a bad precedent. If the 1980s Labour government was very relaxed about abusive development and the Nationalist administration was very relaxed about hotels built illegally and without a permit and Muscat is very relaxed about illegal petrol stations, and all of them are very relaxed about Armier, then why shouldn’t they be as relaxed when yet another developer asks for his kitsch concrete maisonettes to be sanctioned?

Patience, time and a political class which has never had the courage to enforce planning laws have led to the ruin of the Maltese cityscape, seascape and countryside. And things are set to get worse. But at least Mepa’s in-tray will be cleared.

cl.bon@nextgen.net.mt