Issue link: https://maltatoday.uberflip.com/i/341807
maltatoday, SUNDAY, 6 JULY 2014 17 ning Act also bans MEPA from regularising any illegal extension to ODZ development if this was carried out after 2008. This resulted in a situation where MEPA has no option but to remove any illegal beach development lo- cated in Malta's main beaches, all of which are scheduled. But the consultation document "For an efficient planning system" now proposes the deletion of the sixth schedule, which will be re- placed by the imposition of daily fines. This does not mean that MEPA will automatically legalise these developments. It only means that once again MEPA will be able to consider applications to regularise these developments. Illegalities in 'Paradise' It was only a few months ago that the owners of the restaurant in the aptly named Paradise Bay were served with an enforcement order against the construction of an il- legal canopy covering the restau- rant's terrace, the construction of a room being used as a kitchen and the creation of concrete paved ar- eas used for the placing of sunbeds and umbrellas. The enforcement order also refers to the levelling of pathways and the development of cladded boundary walls between sand level and concrete area. A similar enforcement notice against concrete paving in the same site was issued in 1993. Ac- cording to MEPA's files this case is still, 20 years later, awaiting "direct action". Two applications to sanction il- legalities on the same site were dismissed by MEPA in 2004. The owner has now appealed against this enforcement order, further extending this 20-year saga. It was also this year that the Mal- ta Environment and Planning Au- thority issued enforcement notices against highly visible development in the middle of popular Golden Bay in Mellieha. No previous at- tempt was made to sanction devel- opment on this site. The enforcement order refers to "the construction and repeated extensions" of the Munchies kiosk which covers 465 square metres of a Grade 1 scheduled site. The own- er has now appealed against the en- forcement order, gaining valuable time as MEPA cannot remove the structure until a decision is handed down by the appeals tribunal. The heavily patronised Ghadira bay is also the site of various illegal establishments. An enforcement order against the development of a concrete platform, wooden canopy, stairs and concrete ramp without permit was issued against the Adira lido in 2010. The en- forcement has been pending for the past four years. No attempt has been made to regularise this development through a formal ap- plication. Welcome to the 'Wild West' Armier, the home an entire illegal village consisting of hundreds of il- legal beach rooms, most of them located on scheduled land, is also home to two illegal lidos. An enforcement order against the Belmar lido was issued in 2006. The enforcement notice refers to the change of use of part of the beach into a private lido. An appeal was presented against the enforce- ment order but this was rejected three years later. Ray's Lido, which lies just outside the scheduled area, is also subject to an enforcement order, which dates back to 2003. The enforcement refers to the illegal development of a two-sto- rey building and to two concrete platforms in the sea. An appeal against the enforcement order was rejected in 2006. In parallel to this appeal the owners also presented three applications to regularise the development, the latest of which was turned down in 2009. Subsequently the owner applied for a reconsideration of this deci- sion, which was turned down twice in 2011. But an appeal against this decision is still pending, An enforcement order has also been issued against the illegal planting of palm trees on a sched- uled property at Ramla tat-Torri. Illegalities in Gozo An enforcement order was also issued in 2012 against a kiosk built without a permit on scheduled land in Ramla l-Hamra in Gozo. An application to sanction the ki- osk presented by the owner in 2009 was withdrawn by the Planning Di- rectorate. A kiosk in Hondoq ir-Rummien is also subject to an enforcement order issued by MEPA in 2000. Applications to regularise the ki- osk and allow tables to be placed outside it was rejected in 1998 and 2000. Similarly, an enforcement against a kiosk in Dahlet Qorrot, an area of ecological importance in Qala, has been pending for the past 10 years. San Blas – the scene of the latest enforcement action by MEPA, is not new to illegal developments. In 2010 MEPA issued an enforce- ment notice against a bamboo en- closure (in which bricks were being kept) and the construction of stairs leading to the beach. In 2009 MEPA issued an enforce- ment notice against a 'structure' serving as a kiosk for the hiring of deckchairs and umbrellas. THERE seems to be no end, or limit, to the scarring of the coun- try's natural heritage: a grand total of 24 kiosks, lidos and other com- mercial beach developments in protected zones are presently fac- ing enforcement orders issued by the Malta Environment and Plan- ning Authority (MEPA). These developments, which have mushroomed on Maltese beaches over the past three decades, can- not be legalised due to changes in planning laws made in 2010, which preclude MEPA from "sanction- ing" any illegality on scheduled sites. But those responsible for the ille- galities are still enjoying the fruits of their brash labour, enriching themselves from the illegal devel- opments they put up by exploiting the loopholes in the law. Before 2010 planning applica- tions were often presented to "sanction" illegalities on beaches. Although most of these applica- tions were rejected, subsequent reconsiderations, court cases and appeals have delayed enforcement by decades. This is because MEPA cannot clamp down on illegalities until an appeal is decided. Scheduled sites include histori- cal buildings like coastal towers or sites which enjoy various degrees of protection because of their scientific or natural importance. These include popular beaches like Ghadira, Golden Bay, Paradise Bay and Ramla l-Hamra. Article 70 of the Environment and Development Planning Act enacted by the previous govern- ment in December 2010 prohibits MEPA from regularising any il- legal developments on any sched- uled property. The sixth schedule of the Envi- ronment and Development Plan- 24 illegalities in protected beaches reveal the gaping black hole of MEPA's 'enforcement', JAMES DEBONO says Location Development Armier lido on beach 2003 Armier lido on beach 2006 Armier planting of palm trees 2010 Armier kiosk and concrete platform 1996 Ghadira concrete platform/ramp 2010 Ghadira extension of kiosk 2008 Ghadira kiosk without a permit 2009 Anchor Bay concrete platforms/walls 1993 Golden Bay extended platform on beach 2010 Golden Bay wooden stairs 2002 Golden Bay 450-square metre restaurant 2014 Bahar ic-Caghaq additions to historical redoubt 2014 Paradise Bay concrete paving 1993 Paradise Bay two rooms without a permit 2008 Paradise Bay concrete passages/wall 2014 Ramla l-Hamra kiosk without permit 2012 San Blas kiosk for hiring of deckchairs 2009 San Blas enclosure and stairs 2010 San Blas room without a permit 2010 Hondoq ir-Rummien hiring of beach accessories 1999 Hondoq ir-Rummien kiosk without a permit 1996 Dahlet Qorrot kiosk and placing of tables 2004 Qbajjar extensions to historical tower 1999 Mgarr ix-Xini change of use to restaurant 2007 Year in which enforcement was issued On MEPA's enforcement desks 'Build now… sanction later' Ghadira Kiosk, Mellieha Palm Beach Lido Paradise Bay Munchies, Golden Bay Las Palmas, Bahar ic-Caghaq