Issue link: https://maltatoday.uberflip.com/i/1517228
10 maltatoday | SUNDAY • 10 MARCH 2024 NEWS JAMES DEBONO jdebono@mediatoday.com.mt THE Environment and Resourc- es Authority has issued its clear- ance for a planning application to regularise extensive illegalities in the Grotta nightclub encroaching on the protected Wied ix-Xlen- di watershed, an Area of High Landscape Value. The clearance was issued in agreement with the owners for the removal of a balcony project- ing onto the protected Lunzjata valley, the removal of various or- namental alien species, and the removal of hard paved areas at the lower part of the valley. The agreement also stipulates that all lighting and sound sys- tems are to be directed inwards, away from the valley, with works carried out from within the site itself sothere is no need for mech- anised access through the valley. Following ERA's clearance, a fi- nal decision by the Planning Au- thority is now expected shortly. The application to regularise the disco was presented ten years ago by George Said, after a failed attempt to regularise the exten- sive illegalities through a devel- opment notification order. The Grotta disco, situated on the downhill stretch of road link- ing Victoria with Xlendi, is sub- ject to two pending enforcement orders dating back to 1997 and 1999. The first order refers to "additions and alterations" made without a permit. The order is- sued in 1999 refers to various il- legal structures, including stores, bars, a pizzeria, terraces, steps and rooms found between the entrance and the protected val- ley along the entire length of the complex. The owners had appealed against the enforcement order. But the appeal was suspended, pending the sanctioning applica- tion. Part of the present complex is covered by a permit issued in 1986. In 1994 MEPA approved a large gazebo to replace a dete- riorated wooden gazebo on top of the existing dance floor, and to create another covered dance floor to cater for winter and sum- mer seasons. No further permits were issued by the Planning Au- thority. The Lunzjata valley where the disco is located, is scheduled and therefore protected against development. The short-lived planning reform undertaken by the Gonzi administration in 2011 had precluded the PA from reg- ularising illegalities in scheduled sites like this one, but this pro- vision was removed in a revamp of planning laws undertaken in 2015. ONE of Gozitan mega-developer Joseph Portelli's companies is re- fusing to pay a €41,075 planning gain imposed as a condition by the Planning Authority for a per- mit on six villas he wants built outside development zones. The planning gain, charged to CF Developers, would go towards the funding of environmental projects in Mellieħa. The compa- ny has requested a 'reconsidera- tion' of this condition. Portelli, owner of the Mercury high-rise in Paceville, is a part-owner of CF Developers. The one-time payment was in- cluded as a permit condition last month when the Planning Au- thority approved six ODZ villas close to the Tal-Ħilda caves set between Xemxija and Manikata, overlooking the Pwales valley. The six villas were approved instead of a derelict tourist com- plex built in the 1970s before planning policies protecting the areas outside development were even introduced. The planning gain was recom- mended by the PA's development and management directorate in view of the ODZ location where the development was approved, calculated at the standard €25 per square metre, for the total gross floor area of 1,643sq.m. Similar planning gains were im- posed in the past by the PA when approving new developments such as ODZ fuel stations. The permit stipulated that the plan- ning gain is used to fund environ- mental improvement projects in the locality of Mellieħa. But project architect Maria Schembri Grima has formally asked the PA to "reconsider" the planning gain, arguing that the villas are replacing an already committed and approved devel- opment, that is also smaller in size. The present structures occupy a total floor area of 1,670sq.m, while the proposed develop- ment, including the proposed terraces and swimming pools, will cover an approximate area of 1,643sq.m. She even claimed the new de- velopment will result in increased "quietness", less lighting and traf- fic, even if the complex has long been left disused. Residents opposing the project had warned of urban sprawl in the ecologically sensitive area, especially when considering that the tourist complex was approved before planning policies protect- ing the area came into force. This point was made by John Buttigieg, the deputy mayor of Mellieha who voted against the development. The PA's case officer said all structures on this site are covered with permits, with a permit dat- ing back to 1974, and another in 1991 approving the construction of a farmhouse and stores. Speaking on behalf of residents during the public hearing when the project was approved, archi- tect and ADPD official Carmel Cacopardo had warned against using past precedents to justify new development. "Obscenities which were permitted in the past should not be used as a pretext to justify new development," Caco- pardo said. ERA gives go-ahead on 'sanctioning' illegal Grotta nightclub Mercury boss Portelli does not want to pay €41,000 imposed by PA for ODZ permit JAMES DEBONO jdebono@mediatoday.com.mt The owners of the Grotta nightclub have applied to regularise extensive illegalities encroaching on the protected Wied ix- Xlendi watershed Joseph Portelli's company is refusing to pay a €41,075 planning gain imposed as a condition by the Planning Authority for a permit on six villas he wants built outside development zones