Bidnija refusal betrays MEPA’s ‘flexibility’ on Mistra

The refusal by the planning authority for the construction of a winery in Bidnija below street-level may have placated resident opponents, but it was yet again another MEPA decision that contradicts past… indeed recent, practice.

On Thursday, MEPA refused planning permission for the construction of the two-storey winery located below street level, outside the development zone in Bidnija.

The project was strongly opposed by neighbouring villa owners, but the application already had the blessing of an outline development permit, granted by the Appeals Board back in 2011.

But the majority of members on the present MEPA board have now rejected the application, because the proposed winery was not in conformity with existing policy.

The board also took into consideration the fact that the existing structures close to the site of the proposed winery, were predominately residences.

The decision contradicts MEPA’s previous approval of the 774-apartment complex on Xemxija ridge – Mistra Heights – in which former parliamentary secretary for planning Michael Farrugia had claimed that the government risked being held for damages – as much as “a year of health workers’ salaries” – because MEPA was bound by the outline permit it granted in 2008.

Planning ombudsman David Pace disagreed with Farrugia’s interpretation, arguing that the original outline permit for Mistra “was not cast in stone”.

Objectors to the Bidnija winery included Chev. Maurice Mizzi and Nationalist MEP candidate Stefano Mallia. The PN-led Mosta council and Nature Trust also filed objections.

MEPA had originally refused the application for an outline permit but this decision was overturned by an Appeals Tribunal in 2011, which issued a permit. The development was also recommended for approval by its case officer, referring to the outline permit issued in 2011.

One issue raised by objectors was that while the Appeals Board decision specified that the entire winery had to be under street level, the new drawings showed a room above street level. Government representative and MP Joe Sammut, and board member Elizabeth Ellul – the author of the new policy regulating ODZ developments – were the only board members to vote in favour of the application. The new policy on ODZ developments will make it easier for MEPA to approve ODZ wineries and other developments like stores, farmhouses, visitors attractions and agritourism developments.