Issue link: https://maltatoday.uberflip.com/i/1523590
maltatoday | SUNDAY • 7 JULY 2024 6 OPINION Illegali IT is indeed a sad situation for a civilised State when citizens must resort to the kind of activism which we witnessed last week in Qala, Gozo. Graffitti activists were much-admired by the general public, and myself for that matter, for this brave direct action. They sprayed the word 'illegali' (illegal) on the floor of one of the illegal communal swimming pools constructed outside the development zone by Gozitan developer Joseph Portelli. In March this year these swimming pools were deemed illegal and the development permission issued by the Planning Author- ity was revoked by a Court of Law presided over by the Chief Justice following appeals made by Graffitti and the Qala local coun- cil. The construction works on the pools had gone ahead despite the ongoing appeals against the development permission. Sim- ilarly, Din l-Art Ħelwa successfully insti- tuted two court of appeal cases against the Planning Authority and the same develop- ers with the courts revoking development permissions for receded floors that had al- ready been constructed in the meantime. The Planning Authority has issued en- forcement orders in respect of these mas- sive illegal communal pools. However, enforcement notices are hardly a deterrent being capped at €50,000 beyond which no further fines are issued. Developers can easily factor in such a cost when consid- ering whether to go ahead with illegal de- velopment. Enforcement notices may be appealed, suspending the daily fine. They can even be petitioned and waived or "for- given" by a Tribunal whose members are appointed directly by the Prime Minister. In the meantime, the illegal development remains in place, scarring the landscape. In these and similar cases, the blame for the destruction of ODZ land lies on the shoulders of the government, the Planning Authority and the Environment and Plan- ning Review Tribunal. The government does not have any appetite for curbing il- legal development and land speculation. Despite making vague promises, it has not introduced legislation suspending works when appeals are underway. Nor has it introduced effective enforcement mech- anisms. The Planning Authority is more of a permitting authority and ignores the relative planning policies with abandon. The appeals tribunal also has to shoulder responsibility for this debacle as it did not suspend the permit pending the outcome of the appeal. The end result is that there may be fines which may or may not be ac- cumulating and which may or may not be forgiven. Even if the fines are paid up they should not exonerate the developers and, more significantly, will not absolve the govern- ment from taking direct action to have the illegal swimming pools demolished and the site restored to its original rural con- dition. To this end, Din l-Art Ħelwa and Graf- fitti, have requested the CEO of the PA to block the access and use of the illegal structures. Furthermore, the enforcement section of the PA and Enemalta (through ARMS) must ensure that no water and electricity services will be provided for the common areas of the blocks or to any of the illegal receded floors. The PA should issue a public statement detailing a plan of action to assuage the growing sentiment of contempt that is understandably fuelling Graffitti and the rest of us. It is the duty of the State to take direct action against the transgressors and to show that nobody is above the law - the use of the word State as opposed to the word government is not incidental. This selective impunity from the law, which is being promulgated by the government and its authorities, has got out of hand. It is no wonder, then, that Graffitti saw fit to take the action it did. And it surely did so with the admiration and consensus of most of us. Graffitti hold the higher moral ground and this is the sad situation that I referred to in the opening line. Graffitti are clear- ly more principled and motivated to leave a positive impact on our society than the government. They are stepping in to fill that void the government has failed to see and act upon. Society is more inclined to see them as suitable and strong leaders with a clear vision of what we expect from the State. The approach of the government, or rather its lack of one, is reproachable. It should change course to prevent further unbridled illegal development. The Planning Authority has issued enforcement orders in respect of illegal communal pools constructed outside the development zone by Gozitan developer Joseph Portelli Patrick Calleja is president of Din l-Art Helwa Patrick Calleja T he government does not have any appetite for curbing illegal development and land speculation. Despite making vague promises, it has not introduced legislation suspending works when appeals are underway. Nor has it introduced effective enforcement mechanisms.