After Baħrija gate refusal Ramblers call out ‘unjust’ sanctioning system

An illegally constructed gate at Blata tal-Melħ still stands despite an enforcement notice issued by the Planning Authority following a recent decision by the Planning Commission to refuse an application for regularisation.

The illegally installed gate has been blocking access to a passageway leading from Baħrija to il-Blata tal-Melħ since April 2021. 

In its decision, the planning commission had indicated that the gate was blocking an established pre-1967 pathway, as detailed on its own official survey sheets.

Subsequently, the Planning Authority issued an enforcement notice for the removal of the gate and publicly announced that it would remove it. But no steps have been taken to remove the illegal gate so far.

The land owners have not filed an appeal against the PA’s decision but are still in time to do so, thus raising the prospect of another delay in enforcement action.

The association is calling on the Planning Authority to declare whether enforcement or daily penalties will continue to be put off if an appeal is filed.

The Ramblers Association has also denounced the “unjust” sanctioning system, through which illegal developments even in ODZ and other protected areas can be regularised after the authorities are faced with a fait accompli.

The PA could not remove the gate while it was still processing the application to sanction the gate. Moreover, through their architect Robert Musumeci, the owners had already delayed enforcement action by requesting the suspension of the application in August 2021. Moreover, daily fines are only applicable when an enforcement notice is issued. 

The 'malpractice' of carrying out illegal development to then apply for retroactive sanctioning has also been denounced on several occasions by the Environment and Resources Authority.  The planning reform carried out in 2012 had removed the PA’s power to sanction ODZ developments, but this decision was reversed in the reform carried out in 2015.

The Ramblers Association contends that the system rewards those “who operate illegally” without “facing any consequences” while penalising the public.

Despite the “frustrating” situation, the association is calling on the public to behave orderly and not trespass into other parts of the site while this matter is resolved.

The gate has been installed by Touchstone Ltd, a company owned by the Baħrija landowners Eliza Limited, which had acquired the land claimed by the feudal title of the Barony of Baħria.

In 2005, the company attempted to evict farmers after buying a 1,500-tumolo parcel from Salvatore Consoli-Palermo-Navarra, whose heirs sold the land for some €2.5 million.