San Pawl Milqi: Planning Authority to refuse Bonnici Bros garage

The Planning Authority’s planning directorate is calling on the PA board to reject an attempt by road-builders Bonnici Bros to transform an illegally-excavated basement into a parking area for their trucks, in what was until recently an illegally-developed storage area that was later regularised in 2017. A final decision will be taken by the Planning Board at a a public hearing on 2 February.

The case officer report recommending refusal warned that the proposed development will lead to the intensification of industrial activity within a rural area.

Moreover, the extent of hard landscaping being proposed is considered “excessive”, leading to the “unnecessary take-up of agricultural land” in breach of the Rural Policy and Design Guidance, and “further urban sprawl outside the limits for development” which should be accommodated in areas already designated for such uses.

The site is outside the development zone of Burmarrad in St Paul’s Bay at Triq is-Sardin, corner with Triq San Gwanni Pawlu II. The existing open storage facility covers 3,500sq.m, with a 3.5m-high boundary wall enclosing it on Triq is-Sardin. Aerial photos from 1978 show the site completely free of development.

The illegally developed storage area, close to the heritage site of San Pawl Milqi, was only regularised in 2017.

The heritage site which includes the ruins of a Roman villa, catacombs and a chapel within a 200m radius.

Subsequently Bonnici Bros applied to ‘sanction’ (regularise) the illegal excavation of the site with the aim of creating a basement parking for their trucks in the excavated site.

Surprisingly, while the PA’s planning directorate is objecting to additional development in the area, the Environment and Resources Authority has concluded that “there are no concerns regarding the proposal from an environmental point of view”.

But the PA’s internal advisory committee on agricultural issues has called for a refusal.

And the Superintendence for Cultural Heritage, which was not even consulted when the storage area was sanctioned in 2017, described the site of the development as a very sensitive location, expressing concern at the intensive development “in the vicinity of a national monument” that is scheduled for its significant archaeological and cultural heritage value. Even this office had not been consulted.

The Superintendence said any works at this location were bound to have a visual impact on the scheduled monument. But since a permit was already issued to sanction illegalities on the site in 2017, the SCH acknowledged that the site was now committed and therefore, it could not object to alterations to approved development.

Still, the SCH insisted that works should not intensify the already approved development and called for photomontages of the development as seen from San Pawl Milqi.

Moviment Graffitti had also objected to the application, warning that this is linked to an application by Bonnici Bros to construct its supermarket in the same area, and to IM’s plan for a roundabout to easily divert oncoming traffic to the supermarket. “All of these applications are linked to the same applicant, and it is clear that the applicant is seeking to transform the area through piecemeal applications which will have devastating impacts on the area, destroying ODZ land, as well as affecting the livelihood of farmers whose land could be lost if this application goes through,” Graffitti said.

The St Paul’s Local council also objected.

A history of illegalities

An application to sanction the illegal storage facilities was originally turned down in 2004 due to the negative impact on the scenic value of the area. Subsequently, an enforcement order was issued against the illegal change of use of land from agricultural to commercial, and construction of warehouses without permit.

But an application to sanction the works presented in 2008, was approved nine years later despite a case officer report calling for refusal.

The justification for overturning the advice of the case officer was a permit issued in 1988, to enclose the perimeter of the site with an eight-course high masonry wall rather than a low rubble wall, seen as an indication that the site’s use of a storage area had been considered in the decision of that permit.

All board members, including government representative Joseph Sammut and Opposition representative Ryan Callus and former PN mayor Graziella Galea had voted in favour. Only ERA chairman Victor Axiak and NGO representative Annick Bonello had voted against.

Bonnici Brothers has recently withdrawn an application to build an ODZ supermarket opposite a proposed roundabout on a nearby site along Triq is-Sardin in Burmarrad.  Infrastructure Malta’s application for the proposed roundabout is still pending.

Timeline

1988

Bonnici Bros awarded permit to erect wall around site which was illegally used as a storage area

2004 

PA twice refuses to regularise illegal storage area

2008 

Decision to refuse sanctioning upheld by Appeals Tribunal

2008 

New application presented to sanction illegal storage area

2017 

PA board sanctions illegal development on the same site despite case officer’s objection

2021 

Bonnici Bros apply to excavate site for a basement parking