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James Debono
The Malta Environment and Planning Authority has turned down an application to sanction the Sunny Coast Lido after a 27-year planning saga, but developer Angelo Xuereb intends appealing the decision.
Since 1979, when Xuereb first applied to regularise the development, most of the Qawra coast has been taken up by lidos and MEPA has even sanctioned three illegal rooms below the road level on a site adjacent to Xuereb’s lido.
Xuereb sought to sanction a number of structures in the lido, which included three timber gazebos, three outdoor jacuzzis, a water cascade and a timber frame to accommodate a cocktail bar.
An enforcement notice against these works was issued in May 2005. Xuereb applied to sanction the illegal works in June.
The developer insists that he had proceeded with the works despite lacking the necessary permits because the site was in a dangerous state and a tourist had already sued him after she suffered injuries after slipping near the pool.
MEPA claims that it could not consider issuing a permit for the lido because the site is only covered by a permit issued in 1980, which only covers a part of the site even if the original permit for the site cannot be traced.
MEPA insists it is only following its standard procedure, and that it cannot approve development on a site which already contains illegal development.
Xuereb contends that he had added no further building development on the site and that full access to the shoreline has been retained. “If only they inspect the site, they would see that I have not added any buildings. I have added small permanent gazebos and a small water cascade. My only aim was that of upgrading the tourist product.”
Developer Angelo Xuereb now intends to apply for a reconsideration. “I was not even given a chance to express myself during the board meeting,” he claimed.
According to the case officer report, Angelo Xuereb’s only valid permit on the site is one dating back to 1979. The permit only covers 350 square metres which includes a restaurant and a bar and not the open terrace. MEPA insists that unless the applicant provides a copy of the permit and plans approved in 1980, as well as a copy of the relative Lands Department contract of lease, the existing building on the site cannot be considered as completely legal.
The developer’s architect replied that the approved plans couldn’t be traced by neither Xuereb nor MEPA.
MEPA had also asked the applicant to submit a copy of the contract of lease by the Lands Department. The ownership of part of the site is subject to an ongoing legal dispute between Xuereb and the Lands Department.
The developer claims that the proposed sanctioning is in line with the North West local plan and that its use is acceptable with the area and that adequate public access is being retained.
According to the local plan, the site falls within the category “Tourism Zone on the Foreshore”.
This case officer report acknowledges that the foreshore is already a predominantly tourist and entertainment area. But the local plan also states that new development will only be considered if the existing buildings, within which they are located, are covered by development permission.
Over the past years MEPA has approved a number of permits to neighbouring lidos. In May 2005 it sanctioned three illegally constructed rooms adjacent to the Blue Seas kiosk, situated on the shore beneath Qawra Road just next to the Sunny Coast Lido.
Angelo Xuereb asked: “Why is MEPA denying me a permit when others have been given a permit?”
jdebono@mediatoday.com.mt
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