Issue link: https://maltatoday.uberflip.com/i/278185
JAMES DEBONO THE Malta Environment and Plan- ning Authority's new Appeals Tri- bunal has been handed a hot potato by the law courts, after Mr Justice Mark Chetcuti annulled a previous decision – taken by another tribunal on the eve of the 2013 general elec- tion – that had effectively upheld the previous government's decision to exclude more development at Mgarr ix-Xini, in Gozo. Although MEPA has yet to take a final decision on the 18-year-old planning saga, the application is destined for refusal, as long as the local plan approved in 2006 is inter- preted as resolutely excluding devel- opment at Mgarr ix-Xini. In fact, a case officer's report al- ready recommends a refusal of this application. But if the interpretation given by the previous government is changed, Ta' Cenc hotelier Victor Borg could finally get the permit he has coveted for the past two decades. Borg had originally proposed 57 bungalows in that area, but the number was reduced to 15 in the latest plans presented in 2009. The future of this development depends on the interpretation given to the local plan – the guide for any planning application. In what appeared to be the final blow to the developers, on 31 Janu- ary 2013 MEPA's Appeals Tribunal rejected their appeal on the basis of the interpretation of an ambiguous local plan policy, which says that MEPA should "limit development in the lower part of the plateau". While the government argued that this excluded any more development at Mgarr ix-Xini beyond the existing villas, the developers on their part argued that development should be of a limited nature. But the phrase was so ambiguous, that environmentalists had initially protested against the wording fear- ing that this policy was intended to allow more development in the area. The latest court decision to annul the MEPA Appeals Tribunal's deci- sion was motivated by a procedural error, which consisted of the omis- sion of the names of the two com- panies owned by Victor Borg in the tribunal's sentence. According to the sentence issued by Mr Justice Mark Chetcuti, this procedural error invalidated the tri- bunal's decision. The entire case revolves around a letter sent to Victor Borg by former MEPA chairman Andrew Calleja in 2006, informing the developer that MEPA agreed with environ- ment minister George Pullicino's interpretation that the phrase "limit development in the lower part of the plateau" in the local plan meant that development had to be limited to what already existing in the Mgarr ix-Xini area. Borg appealed this decision but the MEPA Appeals Tribunal concluded that the applicant can only appeal once MEPA takes a final decision on his proposed application. Now a new decision is set to be made by a new MEPA appeals tri- bunal composed of MEPA official Martin Saliba, architect Robert Sersero (also Malta Freeport chair- man) and lawyer Simon Micallef Stafrace, a Labour candidate in the last elections. The tribunal has already taken a number of controversial decisions, including its decision to reverse a decision taken by the MEPA board in 2007 to reject 46 new villas in Portomaso. jdebono@mediatoday.com.mt News maltatoday, SUNDAY, 16 MARCH 2014 New tribunal could seal Mgarr ix-Xini's fate New hope for Ta' Cenc developers as Court overturns tribunal's decision A local plan from 2006 may be interpreted as barring any development at Mgarr ix-Xini