Issue link: https://maltatoday.uberflip.com/i/278185
maltatoday, SUNDAY, 16 MARCH 2014 8 JAMES DEBONO THE owner of a Qormi petrol pump station that is fraught with illegali- ties has applied for their sanctioning from the Malta Environment and Planning Authority. Proprietor Johann Gaffarena has not only applied to sanction illegali- ties on the site of an outside-devel- opment-zone (ODZ) petrol station in Qormi, which had been refused by MEPA in 2011, but has now ap- plied to construct a 31-square metre food and beverage outlet, with six car washes on the same site. MEPA is currently drafting a new policy to regulate the development of petrol stations in ODZ areas. No such policy currently exists, al- though a number of ODZ petrol sta- tions have already been approved. Gaffarena was awarded a permit to erect the petrol station in 2007, but subsequent additions were made without any MEPA permit. The illegal works at the petrol sta- tion on Luqa Road, Qormi, included the construction of a first floor over and above the height permitted for the petrol station. In January 2011 the MEPA board turned down the sanctioning of ex- tension works to the petrol station, because the illegalities on site were resulting in the further intensifica- tion of urbanisation outside the de- velopment zone. On that occasion, both the govern- ment and Opposition representatives on the MEPA board voted in favour of sanctioning the illegal extension of the 'J Gaff' petrol station in Qormi, but were easily outvoted by chairman Austin Walker and seven other board members. In 2011, Labour MP Roderick Galdes – who represented the Opposition on the MEPA board – insisted that board members take in consideration the location of the development and "the improvements to the infrastructure and the investment made". While condemning the developer for building without a permit, Galdes pointed out that the area was on the edge of the ODZ boundary, and was already committed for development to the extent that there were other build- ings all along the same road. The MP also complained about the lack of a planning policy regulating petrol sta- tions. "Various two-storey petrol sta- tions have been approved by MEPA in ODZ areas in the past years because the these require ancillary services which require space," Galdes had said. His vote contrasted with the Labour media's relentless reports on the is- sue: it was Labour weekly KullHadd that revealed, in October 2009, that Enemalta had supplied the petrol sta- tion with electricity, despite the lack of a compliance certificate. Like Galdes, former Nationalist MP Joe Falzon (then the PN's board mem- ber on MEPA) complained about the lack of a policy to regulate this devel- opment. He had told MEPA board members that Gaffarena had, through his lawyer, offered to change the use of the second floor to one that was an- cillary to the petrol station, and bind himself to do so by a public deed. During that same meeting, a promi- nent role was taken by judge emeritus Giovanni Bonello, who countered Gaf- farena's lawyers' claims that the devel- opment should be approved because of past precedents. Bonello argued that while precedent applied to legal developments, "it did not apply to il- legalities". Lawyers Ian Refalo and George Hyzler, who represented Gaffarena, claimed that other petrol stations had been allowed to have a second floor even though they were outside devel- opment zones. Gaffarena applies for warehouses in Kirkop MEPA is currently assessing an appli- cation presented by Mark Gaffarena, a shareholder in the 'J Gaff' same petrol station, to construct 33 warehouses in an ODZ area at Tal-Ponta, in Kirkop. A project development statement justifies this development, as it would relocate panel beaters, sprayers and mechanics from residential areas to a degraded site, which is close to quar- ries and construction plants. jdebono@mediatoday.com.mt News Gaffarena applies to legalise Qormi illegalities Image of the petrol pump belonging to Johann Gaffarena