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Authority has developed a passageway around his farmhouse without planning permission, in a bid to seal off a pathway running right though his property, which for centuries has been used by farmers.
Gianfranco Selvaggi started to develop the passageway despite lacking MEPA permission, as an alternative route for farmers who used the original one passing through his property.
The new passageway circles his farmhouse, located right in the middle of the picturesque Wied ta’ l-Armla, just metres away from Chadwick lakes. The farmhouse was originally two small agricultural rooms which Selvaggi developed into his country home, and later applied for sanctioning by the authorities.
MEPA had already turned down a similar application by the previous owner, to develop the two rooms, back in 1999.
MEPA at first turned down Selvaggi’s application, but it was finally approved after he provided proof that the two rooms had been inhabited in the past – although this newspaper is informed that the place lacks any water and electricity supplies. Farmers are now asking MEPA to revoke this permit as they contend that the place was never inhabited. The new passageway now enables him to enclose his property with a rubble wall.
Photos taken by MaltaToday show that a substantial part of passageway and proposed boundary wall have already built, even if they lack a permit.
When contacted, Selvaggi pled ignorance claiming he did not know a MEPA permit was required to construct the passageway on his own property. He also insisted that he stopped all works upon being informed by MEPA that he needed a permit to develop the passageway.
MEPA has not yet issued an enforcement order against the illegal works.
“I have only acted like any other Maltese citizen who applies to sanction upon being told that a permit is required. I have done nothing wrong and I have stopped works upon learning that I needed a permit,” Selvaggi told MaltaToday.
In July, Selvaggi had applied to shift the existing agricultural passage and to construct a boundary wall around his property, as well as to sanction the façade of his farmhouse.
He told MaltaToday he only bought the property on condition that he would be able to change the right of passage from right in front of the property, to one on the side of it. He also claims that two neighbouring farmers had signed a declaration and were paid for accepting the new passageway.
Topples MEPA refusal
Selvaggi’s quaint country house was approved by the MEPA board back in December 2004, before his appointment as chief executive of the Malta Transport Authority.
On that occasion, MEPA had sanctioned alterations made to two small adjacent rooms which Selvaggi transformed into his farmhouse. The board justified granting the permit “in view of proof of residence”.
Selvaggi told MaltaToday he had shown proof that the place was inhabited in the past, although this newspaper is informed that the place lacks any water and electricity supplies.
In fact, the case officer’s report which had recommended refusal of Selvaggi’s application states, emphatically, that “it is very unlikely that the former use of the site was residential given that the previous structures were physically detached and had a combined floor space of 40 square metres. Therefore the development that is present on site consists of a change of use into a residential farmhouse, not just alterations and extensions.”
Also mentioned in the report was the fact that an earlier application by a previous owner for an extension of the two rooms into a farmhouse, back in 1999, had been refused by MEPA.
Referring to Selvaggi’s application, the case officer report states that “the extension and alterations were carried out without a permit and since the application did not seek to sanction all the irregularities on site, the development runs contrary to circular PA 2/96.”
The officer also lists nine reasons for refusing permission, and nine policies breached by the development. These included policy SET 11, which prohibits urban development outside committed building areas. The farmhouse was also built outside the limits of development.
Farmers ask MEPA to revoke permit
Farmers from the Chadwick lakes area are now asking MEPA to revoke the permit granted in 2004 claiming that it was based on the fraudalent claim that the place was inhabited in the past.
In a letter addressed to Environment Minister George Pullicino and MEPA Chairman Anthony Tabone, Dr Edward Gatt contends that his clients, some of whom of a very advanced age are denying that the two small rooms which were transformed by Selvaggi in to a farm house were ever used for residential purposes.
He also contends that the size of the two rooms amounted to just 40 square meters less than the minimum dwelling size of 45 square meters required by law. The farmers’ lawyer also points out that the place was not liveable as it lacked water, electricity and basic services.
In view of this information, the lawyer is asking MEPA to apply Article 39 A of Development Planning Act through which MEPA can revoke a permit if the decision was based on fraudulent information or plans.
A personal matter
“This is a personal matter,” Selvaggi told MaltaToday on his application to sanction his country house, which took place before his place before his appointment as head of the ADT.
“I behaved like any other Maltese citizen would have, as everyone in my position would have done the same thing. I can ensure that I have never abused of my position. You should judge me on the work I do and not on personal matters,” Selvaggi said.
jdebono@mediatoday.com.mt
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