Issue link: https://maltatoday.uberflip.com/i/1360420
7 maltatoday | SUNDAY • 11 APRIL 2021 NEWS lands Michael Falzon, after two investigations by the Nation- al Audit Office and the Prime Minister's Internal Audit and Investigations Department, as well as a court case filed by former Prime Minister Joseph Muscat seeking a rescission of the land deal. In 2018, Gaffare- na presented new plans for an agritourism complex on the Handaq field but the applica- tion was later withdrawn. Fines in paradise: €50,000 fine reduced to €40,000 The EPRT also partly accept- ed a petition by the owners of a lido in Paradise Bay, reducing a €50,000 fine accrued between 2014 and 2019 by €10,000. In 2014 the owners of the lido were served with an en- forcement order against the construction of an illegal can- opy covering the restaurant's terrace, the construction of a room being used as a kitchen, the creation of concrete paved areas for the placing of sunbeds and umbrellas, the levelling of pathways, and the devel- opment of cladded boundary walls between the sand level and concrete area. The illegali- ties date back to 1993 when the first enforcement order against the illegalities was issued. But the lido was regularised in July 2020 after the owner presented plans to upgrade the area and remove some of the illegalities. In its petition D.I.K.K. Limited had argued that the fine would place "fi- nancial strain on the compa- ny" particularly in light of the COVID-19 pandemic and its effect on the catering industry. The Planning Authority de- fended the fine imposed on the owners, and replied that the company had benefitted finan- cially from the illegal develop- ment for six whole years, apart from the the fact that the ille- galities preceded COVID. But in its decision the EPRT said that it could not ignore the effect of the pandemic on the finances of the commer- cial operation, considering the "miserable" financial situation facing beach establishments as a "humanitarian element." The tribunal also took in consider- ation the expenses the owners had to fulfil the conditions of the permit issued in 2020. The tribunal even took note that it took six years for the PA to de- cide on the sanctioning appli- cation. In their petition the owners cited their ambitious plan to rehabilitate the sand dunes at Paradise Beach "with the sole aim of enabling the community to derive direct social benefit through preservation of envi- ronmental surroundings of the area". But the PA pointed out that in so doing the owners will be simply abiding by a condi- tion imposed by the Environ- ment and Resources Authority in view of the scheduling of the beach as a Natura 2000 site. The pandemic was also taken in consideration in reducing pending fines for two establish- ments which had abusively laid out chairs and tables in Old Theatre Street in Valletta. While the EPRT accepted a number of petitions based on humanitarian considerations including one case of dementia and another involving a mari- tal separation, it turned down 9 out of 11 petitions present- ed by Polidano Brothers for over €56,000 in daily fines on different illegalities in the Ħal Farruġ area. But the tribunal only partly accepted two of the petitions, reducing the pending fines by €372 and €1,480 re- spectively. One of the greatest benefi- ciaries of the tribunal's gener- osity was a 63-year-old farmer who faced a €50,000 fine and was reduced to €20,000. The farmer argued that the fine was grossly excessive as the illegal- ity consisted of a shelter for his flock of sheep. The structure was later regularized by the PA itself, but the farmer had al- ready accumulated a substan- tial amount of daily fines which can only be stopped once the illegality is removed or regular- ised. In its decision the EPRT said that it could not ignore the humanitarian aspect and the fact that it took the PA two full years to process the application to regularise the development. In the March 29 session, the EPRT heard 42 petitions, 11 of which were presented by Poli- dano Brothers. In total it partly accepted 25 petitions, reducing the global amount of fines due to the state by €169,458. The fine reduction ranged from 10% to 60%, with the fine be- ing completely forfeited in only two cases. Mark Gaffarena had secured the Handaq land occupied by the Cavett lido in a €1.65 million property-and-cash deal in 2015 – the Old Mint Street scandal – in exchange for his half-share of a Valletta property that housed a government agency's offices. In 2018, Gaffarena presented new plans for an agritourism complex on the Handaq field but the application was later withdrawn