Planning Commission rejects regularisation of illegal Baħrija gate blocking access to coast

The Planning Authority has rejected an application to regularise an illegally constructed gate blocking access to ramblers at Blata tal-Melħ in Baħrija.

The Planning Commission chaired by Martin Camilleri concluded that the gate is in breach of the rural policy, which precludes such structures from blocking pre-1967 footpaths.

On 25 February, the same commission had agreed to defer this application and asked the PA’s Mapping Unit to provide “a close-up photo of the area” before 1967 and 1978 in order to verify the existence of the footpath shown in survey maps with aerial photos.

Architect Robert Musumeci had defended the development arguing that this was not the only access to the coast and the gate is required to delineate the applicant's property from a third party. He also dropped original plans to construct a rubble wall along the pathway.

But the case officer insisted that the gate was unjustified and would result in the closure and obstruction of a pre-1967 footpath.

The footpath leads to the coast and pre-dates 1967

The decision was welcomed by the Ramblers Association whose representative, Ingram Bondin attended the meeting.

The gate, which is blocking public access to the stretch of coastline south of Ras ir-Raħeb and just off Fomm ir-Riħ Bay, was installed illegally early in 2021.

But the PA was prevented from taking enforcement action after an application to sanction the gate was presented by Touchstone Limited, a company owned by Baħrija landowners Eliza Limited, which had acquired the land from the feudal title of the Barony of Baħria.

In August 2021, the developers’ architect Robert Musumeci requested a suspension of the application, effectively delaying the processing of the application to after 4 February 2022 when the suspension period expired.

A suspension is requested when developers feel they need more time to address the concerns raised by objectors and statutory bodies like the Environment and Resources Authority (ERA) during the public consultation process.

But in the meantime, the PA could not take any action against the gate as an enforcement notice against it can only be issued when the sanctioning application is rejected.

Now that the application has been rejected, the owners will have no choice but to remove the illegality or face daily fines of up to €50 a day. At this stage, if the owners fail to remove the illegality, the PA can refer the case to its direct-action unit, to remove it at the owners’ expense. But enforcement can be further delayed if the owners present an appeal against refusal.