MEPA sanctions ‘extremely abusive’ development after 20-year saga

The Malta Environment and Planning Authority has regularised a large 60 square metre “agricultural store” in Ta’ Blankas, Xewkija, that had been described as “an extremely abusive” development in a sentence issued by the Environment and Review Tribunal in 2012.

Back in 2000 an appeals tribunal turned down an application to regularise the development, because this was being used for “residential” purposes and not as an agricultural store.

The building, owned by Paul Vella, was built over two levels, occupying a total floor space of 76 sq.m over its 60 sq.m footprint – equivalent in size to a small dwelling.  

Two previous applications presented in 1997 and 2004 to regularise the building had been turned down by MEPA, and an appeals tribunal confirmed both refusals in 2000 and 2012.

The site lies within an archaeological buffer zone, in view of cart ruts, megaliths and dolmens located in the surrounding area.

The development is now being sanctioned in view of aerial photos showing that the illegal building already existed in 1994 – something allowed by MEPA’s new rural policy that offers a “presumption in favour of existing storage facilities erected before October 1994”.

But the MEPA case officer recommending approval states that “the site and layout of the existing structures suggest that these were originally intended for residential purposes”.

In 2000 the appeals tribunal had described the development as “a residential development used for domestic and non-agricultural purposes”; and in 2012, it said it was an “extremely abusive” development that had “uglified the countryside in the most obvious and evident way… This is a clear example of what should never be allowed in the countryside”.

On that occasion, owner Paul Vella, a part-time farmer, insisted that he was unemployed and that he needed the building for wine pressing so that he could make this a full-time job.

The development is located in an enormous backyard of a residence located 50 metres away. In 1997 Vella had admitted in his application that the proposal was not intended for agricultural use but as “domestic stores for the existing dwelling”. 

Now, since the owner has 20 tumoli of land in the area, the Agricultural Advisory Committee recommended approval. Present policies render lands of over 20 tumoli eligible for a maximum storage space of 40 sq.m.

But this policy does not apply to illegal buildings predating 1994, which are otherwise allowed to surpass this threshold.

The Environment Protection Directorate has objected to the “excessive size” of the stores, while the Archaeological Society objected due to a prehistoric dolmen found 40m from the site.

But since the development is already in place, the MEPA board saw no danger to the archaeological remains in the area. MEPA ordered the owner to plant three Gharghar trees, three Judas trees and three Holm Oak trees to screen the development.