New planning law invoked against Xaghra parish priest

The application, presented by parish priest Carmel Refalo, proposes to sanction variations from the cemetery extension approved in December 2007. 

The variations consist of a store constructed outside the approved boundary of the cemetery as well as the relocation of parking spaces, a new ramp and a change in the lay out and orientation of the graves.  

MEPA also objected to the raising of the parameter walls and the already finished floor level of the cemetery, which resulted in an increase in the height of the elevation on the street.

According to MEPA, the variations are tantamount to an excess in the footprint and the volume of the previously approved development. 

The sixth schedule of the Environment and Development Planning Act bans MEPA from sanctioning ODZ developments, which exceed the approved footprint carried out after May 2008.

An aerial photo taken in May 2008 shows that the development had not been carried out before that date.

MEPA had issued enforcement against the illegal works in February 2011.  Subsequently, the church applied to sanction the illegalities but in a screening letter issued in May 2011, the applicant was informed that any such application has to be rejected as it breaches the law.

But in July, the architect requested to proceed with the application without presenting any submissions to counter the screening letter.

The Xaghra cemetery extension of the cemetery saw the addition of over 388 new graves.

The project also included the rehabilitation of the existing graves, which include those of people who died in the 1814 plague and the 1,837 cholera outbreaks.

MEPA issued a preliminary permit for the project in 2005, despite a strong negative recommendation by the case officer. The final permit was issued in 2007.

MEPA's planning directorate had argued that the proposed siting of a cemetery on a ridge was not acceptable. The Directorate had also warned that the development would lead to the contamination of a water catchments and would lead to the loss of good quality agricultural land.

The case officer report urging MEPA to reject the original application had described the project as a speculative development, noting that the "provision and sale of private burial spaces has proved to be a lucrative business in past years" and the addition of new plot, in addition to the existing 170 plots "conveys an impression of speculative development, rather than meeting a proven need".

But subsequently, the development was approved after some changes were made to the original design.