There is still no end in sight to a longstanding appeal against the scheduling of an ecologically-important coastal area at Fekruna Bay in Xemxija, which currently prevents any development in the area.
An appeal against the decision to schedule the area, dating back to March 1997, was postponed again yesterday to allow the appellant, who wants to build two villas overlooking the bay, more time to submit an additional report. The case will now continue in July.
Joseph Fenech, who owns two plots above the bay, is calling for the scheduling of the area – which nestles among clay cliffs and is earmarked as an Area 1 due to its ecological importance – to be revoked to allow the development of the two villas to proceed.
Planning applications for the two villas had previously been turned down because of the scheduling, which came into effect after Mr Fenech bought the land in question.
The scheduling had been carried out in order to benefit third parties who had property in the vicinity
The site was scheduled in June 1996, following a wide-ranging exercise carried out by the planning authority to protect coastal cliffs. These 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 clayand would expose the site to erosion, as well as jeopardising the highly vulnerable ecology of the coastal cliffs and creating an eyesore to the pristine landscape of the area.