Issue link: https://maltatoday.uberflip.com/i/1458198
6 NEWS maltatoday | WEDNESDAY • 9 MARCH 2022 NEWS JAMES DEBONO THE Planning Authority's plan- ning commission has postponed a decision on an illegal gate blocking access to the Blata tal- Melħ coastal cliffs in Baħrija, to 8 April. According to the case officer, the application to regularise the illegal gate should be refused as it is in breach of the rural policy which precludes gates blocking pre-1967 footpaths. The gate was also found to be in breach of SPED policies securing public ac- cess to the coastline. But on 25 February the commis- sion chaired by Martin Camilleri agreed to defer this application and asked the PA's Mapping Unit to provide "a close-up photo of the area" before 1967 and 1978. This is to verify the existence of the pre-1968 footpath shown in survey maps with aerial photos. The commission also gave archi- tect Robert Musumeci 15 days to address the reasons for refusal given by the case officer. During the meeting, the archi- tect signalled that the landowners have dropped plans to construct a 1.2m-high rubble wall abutting an existing rural footpath, which would turn the existing footpath in to a corridor. The board also asked the case officer to assess the latest in- formation, "to clarify whether reasons for refusal have been addressed or otherwise and to prepare conditions accordingly." The gate, which is blocking public access to the stretch of coastline south of Ras ir-Raħeb and just off Fomm ir-Riħ Bay, was installed illegally early in 2021. But the PA was prevented from taking enforcement action after an application to "sanction" the gate was presented by Touch- stone Limited, a company owned by Baħrija landowners Eliza Lim- ited, which had acquired the land from the feudal title of the Baro- ny of Baħria. In August 2021 the develop- ers' architect Robert Musumeci requested a 'suspension' of the application, effectively delaying the processing of the application to after 4 February 2022 when the suspension period expired. A suspension is requested when de- velopers feel they need more time to address the concerns raised by objectors and statutory bodies like the Environment and Re- sources Authority (ERA) during the public consultation process. But no significant changes were made in 'new' plans submitted by Musumeci on 1 February. But in the meantime, the PA could not take any action against the gate as an enforcement notice against it can only be issued when the sanctioning application is re- jected. If the planning commission re- futes the application as recom- mended by the case officer, the owners will have no choice but to remove the illegality or face daily fines of up to €50 a day. At this stage, if the owners fail to remove the illegality, the PA can refer the case to its direct action unit, to remove it at the owners' expense. But enforcement can be fur- ther delayed if an appeal against refusal is presented by the own- ers. Moreover owners may also appeal against the enforcement order itself. In some cases, other such appeals have dragged on for years. This planning loophole delaying enforcement action is the direct result of a decision in 2015 to re- introduce the right for developers to sanction developments in the ODZ, including Natura 2000 sites like the Baħrija coastline. The planning reform of 2012, carried out in the twilight of the Gonzi administration, had removed this right after decades of abuse, but then was reintroduced by a La- bour government in its planning reforms in 2015. The Environment and Resourc- es Authority had objected to the application, calling it objection- able in principle, while the Super- intendence of Cultural Heritage warned that the proposed rubble wall would disrupt the relatively open, scenic nature of the area. Decision on infamous Bahrija gate postponed to April A food courier who had been involved in a traffic accident on Mon- day in Żejtun, died in Mater Dei hospital. The 38-year-old Bulgarian man was involved in a traffic accident at Triq il-President Anton Buttiġieġ, Żejtun, at around 7.45pm on Sunday evening. The man was driving a motorcycle of the type Honda 600 Hor- net was involved in an accident with a Mitsubishi L200, driven by a 63-year-old man from Żejtun. The magisterial inquiry is being led by Yana Micallef Stafrace and police investigations are ongoing. Food courier dies day after Zejtun traffic accident The 38-year-old motorcyclist was involved in a traffic accident on Sunday evening The 38-year-old Bulgarian man was involved in a traffic accident at Triq il-President Anton Buttigieg, Zejtun, at around 7.45pm on Sunda