Issue link: https://maltatoday.uberflip.com/i/205575
15 BUSINESS & FINANCE maltatoday, TUESDAY, 5 NOVEMBER 2013 MEPA: a colossus thundering over the weak C George Mangion ould the Malta Environment and Planning Authority ever reform itself and learn to treat us – the ordinary citizens – with respect and dignity? Can anyone ever understand how this public agency (which now runs into losses of close to €21 million – this after hiking up extensively its tariffs two years ago – and employing an army of professionals) can ever be tamed enough to render a decent service? Forget the property magnates who have run riot with their rich pickings; MEPA has had a long history of protecting the developers, such as Mistra Complex, now owned by Gemxija Limited with Kuwaiti financiers, which has recently won approval for a mega development of over 700 units consisting of high rise flats to be erected on the ridge, towering gruesomely over a picturesque valley. Other such examples include MIDI, which constructed a cacophony of flats in Sliema, ruining the vista from Valletta of the Tigne promontory – to which developers were quick to advertise that another sea front tower of similar box structures is now being offered for sale. In other instances, MEPA allowed the destruction of the Kalkara Valley, uprooting protected mature carob trees and removing an organic farm; allowed a property baron to build the Riviera Hotel illegally and supplied the ex-PN President with a permit to construct a villa in the ecologically sensitive Bahrija Valley. Add to this, the massive development of huge chunks of sensitive areas near Wied Ghasel and Santa Maria Estate, culminating with the resignation of the entire MEPA board when it was discovered that its head was acting as an architect for a prominent developer. To add to the litany of dubious permits, one can't forget the protestations of the MEPA auditor when he concluded his investigation into the reconstruction of a villa in Bahrija mentioned earlier. The applicant being an ex-PN president had resigned his party post. The opposition party at that time were questioning whether he may have used his influence over MEPA to issue the permit. One cannot forget how the auditor investigated the case and found a lot of irregularities in how the permit was granted. No prize for guessing that upon re-application, the Bahrija permit was finally issued. Yours truly inherited a rural property which was used by a farmer as a mill together with two adjacent rooms for habitation. The massive mill room was intact but the roof over the two rooms collapsed and after many attempts I applied and succeeded to be issued with a building permit in 2007 to rehabilitate the property, reconstruct the collapsed rooms with a basement and a retaining rural wall. Since 2007, an application to add a small pool and erect a rural wall plus minor amendments was refused, and after posting two appeals to sanction both were rejected. This took the best part of three long grueling years, during which time no compliance certificate can be issued, so the farmhouse was left without irrigation and electricity. What a farce – with a change of government the Authority said that, 'owners of residences that have an existing minor irregularity and which is not creating a disturbance to neighbours, can apply to be granted a partial compliance'. I waited for three long years in the appeal stage, assisted by a capable defense lawyer having judiciously complied with all demands from the case officer, even demolished parts of the dwelling to meet MEPA's objections and paid an experienced architect to provide professional plans, proceeded to plant a fully landscaped front and back area with approved indigenous plants and trees – but all was in vain! The sad truth is that the Tribunal decided against the sanctioning disagreeing with minor items such as the soil levels and the height of the rubble wall. Of course this was all eye wash and goes against many promises of politicians telling us that new measures are in force to reform the administration at MEPA. These were only cosmetic, and as my experience has shown me the true grit is shown when pages upon pages of legalese language are written into the dictum of the refusal document. I suspect as a layman that this language is an attempt to mask the true reason for the refusal of legitimate appeals which, as in my case and that of many others, are refused due to minor irregularities such as rubble walls topped with cement mortar. Drive anywhere in the countryside and check whether MEPA-approved rubble walls are all built exactly to the prescribed height or scrupulously omit to use cement mortar on top of loose rubble walls. Builders tell you this cement is a protection from collapsing. One vivid example is the construction of the splendid playing fields in Marsalforn, Gozo which were inaugurated last year by former prime minister Lawrence Gonzi. On close observation of the massive rubble walls as some of which are built on clay, so these retaining walls are cleverly blended and held together with a fine mix of sand and cement. Moving on to the recent reform concerning rural building, and the promotion of agritourism one reads that the proposed rules allow for rehabilitation of rural buildings. To me, this is a paradox of how improvements to my pre-1967 property in the countryside – which is covered with a valid permit – have not been sanctioned as far as the Tribunal decided that it breached the legal notice of the height of the boundary wall (when this was patently proven otherwise by an independent survey of the site duly presented to MEPA) when only last month MEPA announced a public consultation process to amend its policies on outside development zones to facilitate the redevelopment of existing farm buildings into agrotourism establishments or visitor attractions. A new policy being drafted by MEPA is aimed at allowing the redevelopment or rehabilitation of pre-1967 farm buildings, while "eliminating visual intrusions in the rural scene". The new policy allows the demolition and reconstruction of rural building which have no vernacular or architectural significance with a full basement may also be permitted as long as it is limited to the floor area and no external ramps are constructed. As in the case of the aforementioned mill room, the new policy states that the farm property must be in a sound structural condition and be capable of conversion without substantial rebuilding. It is also a sensible novelty in the new policy, which envisages the conversion of existing ODZ rural buildings into dwellings, even if the former use was not residential. It is curious to recall how many attempts were made by politicians to sugar the pill prior to each general election. Going down memory lane, we recall how last January – in the words of the then opposition leader Joseph Muscat – stated that anybody who has tried to obtain a planning permission, whether to extend their home or business, knows the frustration of dealing with MEPA. What they may not be aware of however, is the sheer cost. The truth came out when the penny dropped and the incumbent government solemnly declared that MEPA has a debt of €21 million. Is this the result of unbridled bureaucracy, gold plating of directives, gross inefficiencies or incompetence which, together with an expensive team of top officials, dearly costing every family on our islands? Your guess is as good as mine. This conjures a feeling of déjà vu when politicians remind us of their sunshine plan to reform the behemoth, streamline its draconian decisionmaking procedures, trim its massive bureaucratic tentacles and improve efficiency. Many articles have been penned before last general election campaign by all sides of the political spectrum that once elected, they shall empower professionals and workers in MEPA by freeing them from red tape, and giving them more responsibility and new powers. Heaving more criticism about this Medusa with so many serpents nestling in its head and with hindsight we concur with the Prime Minister Joseph Muscat when in opposition he complained about cost of running the Authority. Under the previous administration officials of nine boards of MEPA earn €880,000 in salaries between them, while seven officials receive €470,000 in annual salaries. The cherry on the cake is that, in addition, all board members receive payments that vary according to the position they occupy. The chairman carried a salary of €94,000 (now much reduced), while the six other MEPA officers receive a salary of more than €30,000 each plus a performance bonus of 15%. With a debt of over €21 million on its balance sheet, one may be curious to know how the Authority has landed itself in this pitiful position when considering its charges are not cheap and in my case cost of two appeals were quite painful. It also took me years to wait in agony while the property itself slowly returns to ruins. One hopes that the 2014 Budget will introduce new reforms to tame the behemoth and the Parliamentary Secretary responsible for MEPA is not hindered by cross currents in his drive to separate its two main sections – one protecting the environment and the other acting as an independent planning protectorate. Hopefully, it will slowly but surely return to its original purpose – i.e., of defending the local biodiversity in the diminishing countryside and to succeed in balancing the scales in favour of sustainable development. George Mangion is a partner in PKF an audit and business advisory firm gmm@pkfmalta.com