New law regularizes illegal building in Natura 2000 site

MEPA’s Environment and Planning Commission has regularized an illegal 76 square metre building in an ‘Area of Ecological Importance and High landscape value’ in Wied Musa in Mellieha, near a watercourse. 

The site lies within a Natura 2000 site and the building, supposed to be an agricultural store, has been described as more of a residential unit.

Elisabeth Ellul, chairwoman of the Environment Planning Commission, voted against the regularization of the development proposed by applicant James Bartolo, but three other board members accepted it.

The abusive development was subject to an enforcement notice in 2007, and two previous applications, one for the replacement of a slab in the building and one for the replacement of the dilapidated roof had been rejected by MEPA in 2009 and 2010. Both decisions were confirmed on appeal in 2014. 

Sanctioning the building was only possible because of changes to the law: the structure could not be regularized after 2010 due to a prohibition on the regularization of illegal buildings in protected areas, but this part of the law was removed after 2013.

Although the newly approved building is eligible for sanctioning because the illegality dates back to before 1978, the case officer had recommended the refusal of the application in view of changes made to the building after that date.

According to the case officer report the development consists of five rooms. The report claimed that the building is “more akin to a residential unit” than to an agricultural store. “This is confirmed by the presence of a WC restroom and multiple apertures.”

There is also a concrete passageway around the building, and this was also considered excessive for the needs of a store.

The building was approved only after the architect, Labour MP and chairman of the Building Industry Consultative Council Charles Buhagiar, proposed the demolition of part of the building to ensure that the building has the same footprint as that appearing in 1978 aerial photos.

The reason given by the board for regularizing the structure was that “fresh drawings were submitted to address the recommended reason for refusal” and ensure that it conforms with the rural policy approved in 2015.

Plans submitted to MEPA two days before the meeting indicate that 54 square metres of the illegal building have been retained.