New MEPA board overturns 56% of negative decisions

A new appeals board that the Labour government appointed for MEPA has already overturned MEPA decisions in 56% of the 25 cases it has heard during the month January.

Effectively the new tribunal issued 13 permits which had previously been refused by MEPA. And another planning permit previously refused, has been referred back to the MEPA board for a decision.

The rate of overturned decisions suggests a new spirit in the politically-appointed board: the 'older' appeals board, which is still hearing cases, overturned MEPA decision in only 16% of the 32 cases it heard in the same month.

The new appeals board is chaired by MEPA official Martin Saliba. In 19 cases, Labour candidate and lawyer Simon Micallef Stafrace, and Malta Freeport chairman and architect Robert Sersero took the decisions. In six other cases, Saliba was accompanied by substitute members lawyer Andy Ellul and architect Claude Mallia.

One of the decisions the tribunal sanctioned was an illegal wall in an archeologically sensitive site, in the vicinity of the Roman baths of Mgarr, after imposing a €1,000 fine. The appellant claimed that the wall had substituted an earlier one built in the 1960s. MEPA insisted that since the wall was rebuilt, it had to follow present regulations. The Superintendence for Cultural Heritage had objected to the sanctioning of the wall.

The new tribunal also issued a permit to sanction a broiler farm in Zebbug. The authority had refused the permit because some of the poultry units were located within a WWII heavy anti-aircraft battery, which was deemed to have heritage value. The Superintendent of Cultural Heritage and the Superintendent of Fortifications also objected. But the tribunal has now issued a permit after imposing a €2,329 fine.

Additionally, the tribunal even ordered the relocation of new structures, damaging the historical structures, insisting that the area was already "committed" as a broiler farm by previous permits.

Another permit was also issued for the reconstruction of a dwelling in a rural hamlet in Dingli. MEPA had previously described the site of the development as a very sensitive one, characterized by a highly significant rural landscape and scenic venues, and considerable foliage from clusters of mature trees. The authority objected to the introduction of the second floor and the excessive pruning required for the development to take place.

The tribunal has now imposed a €4,000 bank guarantee to ensure that the development "respects conditions" laid down.

The new tribunal
In August 2013, 740 pending cases were transferred from the jurisdiction of the Malta Environment and Planning Authority's full-time appeals tribunal appointed in 2011, to a new part-time tribunal recently appointed by the new Labor government.

The government justified the creation of the new board, known as Tribunal B, claiming that a backlog of cases has been accumulated over the past years.

The new part-time board complements an existing board composed of architect Chris Falzon as chairperson, Dr Ramon Rossignaud and architect Jevon Vella, who were engaged on a full-time basis for four years by MEPA in 2011.

Tribunal A's responsibility will now be that of concluding those cases where the hearings have been finalised and where a decision is pending.

The government claimed taht Tribunal A was in fact not coping with the pending backlog of cases. In 2011, MEPA had said that the board was contracted on a full-time basis "to further enhance the efficiency and consistency of MEPA's decision-making process" and to avoid "conflicts of interest".