‘Revocation of Mistra Village would not have held water ’ – MEPA chief executive

The revocation of Gemxija Holdings' permit for the redevelopment of Mistra Village would not have held water, MEPA chief executive Johann Buttigieg said this evening, because the owners of the land had legitimate rights to develop the site.

Buttigieg was hosted on Reno Bugeja's Dissett on PBS, where he said that he personally was in disagreement with the development of Mistra Heights' 770-apartment project.

But the fact that an outline permit was approved back in 2008, meant the developers had rights and that a claim for revocation would not be successful, but conversely could give rise to compensation claims.

Earlier this week, Planning Ombudsman David Pace said the original 2008 Mistra permit could be revoked as the MEPA Board had breached the law in deliberating on the revocation in private. But Buttigieg has insisted that the report is enforceable and moreover, that MEPA could not revoke the permit due to the developers' rights arising from the original permit in 2008.

Chaired by Vincent Cassar, MEPA approved the development of Mistra Village, turning down the request of revocation by environmental NGO Din l-Art Helwa, who argued that there were no legal grounds to revoke the outline permit of the development.

"In line with the Environment and Planning Act, meetings of the authority shall be open to the public, and consequent to MEPA turning down the NGOs revocation request back in 2008 and approving the permit behind closed doors, the Planning Authority violated the law," ombudsman Pace argued in his report.

Pace also said the original outline permit should be revoked, a stand disputed by Prime Minister Joseph Muscat himself who argued that Pace's opinion was just that and that he was not correct in his analysis.

"The Ombudsman has committed several factual mistakes on his stand that the law adopts on the revocation of permits. It has become customary behaviour for MEPA to conduct meetings behind closed doors," the Prime Minister said.

The latest plans of the contentious Mistra Village envisage six rectangular blocks to rise to a maximum of 12 floors from street level and 13 floors from the internal pedestrian level. The development will include 744 new units and a 1,800m2 retail area, which includes a supermarket.

On the other hand, Pace insisted that in approving the permit, MEPA did not have its hands tied by the 2008 outline permit and stressed that claims for compensation would not be substantiated.

"The report clearly proves that the permit issued in 2009 is not cast in stone and could be challenged and revoked. Similarly, if upon further analysis, MEPA discovers that it adversely effects health and safety issues, environmental impacts, such ground would constitute revocation."

Previously, parliamentary secretary for planning Michael Farrugia had argued that MEPA's refusal to issue permits for the 774 apartments would have resulted in the government be held liable for damages equivalent to "a year's worth of health workers salaries".

The developers' legal counsel Ann Fenech substantiated Buttigieg's arguments against the revocation of the permit as she said that the developers have rights arising of the approved 2008 outline permit.

"The Commissioner' stance is not binding and not enforceable to deem the permit as null. The only body that can deem the permit as null and void is the civil courts," Ann Fenech explained.

Meanwhile in light of Alternattiva Demokratika and several environmental NGOs' calls for the MEPA Board to resign due to the Mistra development, the MEPA CEO held that the board would shoulder its responsibility.

Despite constantly bemoaning the "inherited situation left by previous MEPA Boards", Buttigieg admitted that planning permits stem down to the boards of the planning authority and consequently, "the board members should shoulder the responsibility."