Build now, sanction later: Owner applies to sanction illegal works at il-Bidni

The Planning Authority is monitoring a stretch of terraced fields in the outskirts of Marsaskala and Zabbar after the owners continued with the illegal construction of rubble walls.

The PA was forced to act following reports that the illegal works, consisting of massive rows of rubble walls and a gate, were continuing despite the owners still waiting for a permit.

The fields are situated in the area known as il-Bidni and the owners of the site presented an application in May to regularise the development.

The problem for the PA in this case is that it cannot issue an enforcement order pending the decision on the request to regularise the illegalities.

MaltaToday is informed that the sanctioning application which is still being vetted by the authority is “to sanction reconstruction/restoration of rubble walls, construction of new rubble walls, and installation of gates”.

The works raise concerns because these have been carried out without any guidance from the Environment and Resources Authority.

Moreover, the creation of new rubble walls is often associated with the use of agricultural land for recreational purposes.

What the PA can do at the moment is to ensure that the work does not continue. This is because the sanctioning application only applies to works carried out before it has been presented.  

A Planning Authority spokesperson confirmed that in this case a sanctioning application to regularise the illegal works was filed in May. This means that work should have stopped immediately after the application was presented. But concerned citizens have presented MaltaToday with a video showing works being carried out on Saturday 5 August at around 6pm. 

When contacted a PA spokesperson told MaltaToday that following a complaint received on the 21 July and subsequent investigations by the Compliance and Enforcement Directorate the illegal works have been halted.

Moreover, another inspection by the authority was carried out on 9 August and it was confirmed that works were still at a standstill. MaltaToday is informed that the machinery was later removed from the site.

The PA spokesperson insisted the Authority will keep monitoring the site and should works continue it will initiate enforcement procedures against the owners/occupiers.  The sanctioning of ODZ illegalities carried out after 2008 was forbidden in the planning reform enacted in 2012 but the procedure was reintroduced in the planning counter-reform enacted by the present administration in 2016.