Issue link: https://maltatoday.uberflip.com/i/216204
4 News maltatoday, SUNDAY, 24 NOVEMBER 2013 MEPA appeals corrects clamorous error in Portomaso decision JAMES DEBONO THE Malta Environment and Plan- ning Authority's appeals board has issued a decree correcting a clamorous mistake in its controversial decision to issue a permit for 46 villas at Portomaso. The decree rectifying the error was issued after MaltaToday enquired about a mistake in the tribunal's sentence. In its decision of 14 November, the new appeals board accepted the appeal by the Tumas Group against MEPA's decision in 2012 against the construction of 46 new villas at Portomaso. But it erroneously ordered MEPA to issue PA 6514/03, which has nothing to do with the disputed Portomaso permit: in fact it refers to a development in Sammy Bartolo Street in Mellieha, which has no relation to the Portomaso site. The sentence stated that "this tribunal revokes the decision taken by the Malta Environment and Planning Authority's board and orders the MEPA to issue the permit number 6514/03 within 30 days." The new appeals tribunal that decided to overturn the MEPA board decision was appointed to take part of the caseload of the full-time board appointed in 2011. It is composed of Labour candidate and lawyer Simon Micallef Stafrace, architect and newly appointed Freeport chairman Robert Sarsero, and MEPA official Martin Saliba. On Friday Portomaso residents represented by Ian Spiteri Bailey filed a prohibitory injunction against the decision by the appeals tribunal to overturn a refusal to build villas on an artificial lagoon at the Portomaso marina. The residents insist that the Malta Environment and Planning Authority is duty bound to appeal against the sentence issued by the Appeal's Tribunal. "We have indications that MEPA is not appealing against the decision even if MEPA normally exercises this right in similar circumstances,"they claim in a judicial protest also filed Artist's impression of the Portomaso development on Friday. According to the residents MEPA is duty bound to to defend its own decision taken in 2012. The residents insist that they had bought their properties in the knowledge that MEPA was bound by a condition not to issue any permits to extend the development beyond what was approved originally in 1995. But he also said that the residents were exploring all legal avenues to challenge the sentence, which he described as "defective on more than one count". Controversial decision PUBLIC CONSULTATION MEETING in relation with the Environmental Impact Assessment for the The MEPA board had turned down the controversial extension to Portomaso on 26 April 2012, after chairman Austin Walker used his casting vote. The board members had been tied with six votes in favour and six against, after a fourhour debate held at the Mediterranean Conference Centre. On that occasion, Labour's representative on the MEPA board, Roderick Galdes – today Parliamentary Secretary for Animal Welfare and Agriculture – had voted in favour of the project. At both stages, the main bone of contention was a clause in the previous Portomaso permit of 1995, which stated that no further extension or development could be carried out in the area. Subsequently, this ecological zone was identified on the approved plans and a permit condition imposed to keep the site development-free. Following the approval of the Portomaso permit in 1995, a notice was put on the site which is now earmarked for development stating that, "as part of the Hilton Site Development Project, the site within this wall is being sealed off for the protection of important ecological species during project construction and will be opened to the public... any inconvenience is regretted." The Tribunal based its decision on the argument that the permit condition had been superseded by the local plan approved by the Nationalist government in 2006, which permitted development on the site in question, thus accepting the argument made by the legal representatives of George Fenech's Tumas Group, who argued that the local plan approved 10 years later included this particular site as suitable for development. The area in question, described as the "southern ecological zone", was deemed important mainly because of the populations of Sphenopus divaricatus (Wedgefoot Grass) and Anthemis urvilleana (Maltese Sea Chamomile) that were recorded within this zone. The 1995 environmental impact statement had suggested that the area containing Wedgefoot Grass might qualify for Level 2 protection as an Area of Ecological Importance. But subsequent ecological surveys have shown that the plant has mysteriously disappeared from the area. Curiously, in the appeal the developers' lawyers quote consultant Adrian Mallia saying that "originally this plant was identified in a passage which was closed off to protect this habitat. Unfortunately due to this closing off of this site, the plant became extinct." The Tumas Group also forms part of Gem Holdings, a joint venture with the Gasan Group, which acts as the Maltese partner in the Electrogas consortium that will construct Malta's new 200MW LNG-powered power plant. State in exp Former environment minister George Pullicino (left) and former prime minister Lawrence Gonzi at the opening of the Msida Skatepark during the 2008 general elections PAGE 1 It was two awkward planning decisions taken by past Nationalist administrations in 1988 and 2006 that raised the stakes in favour of the developer in his bid for compensation, after the second Gonzi administration decided to reclaim the bay. It was these planning decisions that increased the value of the land and bolstered the owners' com- Invitation to TENDER MITA NOTIFIES THAT OFFERS WILL BE RECEIVED FOR: - Hardware Maintenance Support Services for IBM Servers and Related Equipment – T102/13 Issued on: 15 November 2013 / Closing on: 16 December2013 Economic operators interested in participating in this call for tenders are to note that a workshop is being organised at the premises of Centre for Development Research and Training (CDRT), San Salvatore Bastion, Sa Maison Road, Floriana on Friday, 29th November at 9.00am (CET). During this workshop, economic operators will have the opportunity to familiarise themselves with compiling and submitting a tender online. More information is available in the tender document. The above tenders are obtainable from the Electronic Public Procurement System (www.etenders.gov.mt) For further information, contact the Contracts Management Department 2123 4710 www.mita.gov.mt