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maltatoday, WEDNESDAY, 10 JUNE 2015 7 News MEPA tribunal overruled by court JAMES DEBONO THE Malta Environment and Planning Authority's Environ- ment and Review Tribunal has been rebuked by Mr Justice Mark Chetcuti for not sticking to its role, that of enforcing policies. Mr Justice Chetcuti was referring to a decision by the Tribunal for its latest controversial decision, in which the MEPA appeals tribunal in December revoked a previous decision not to issue a permit for a quarry in the picturesque Wied Moqbol valley, taken by MEPA in 2005 and by a different appeals board four years later in 2009. The original application, first turned down in 2005, was for the relocation of a quarry from Hagar Qim to Wied Moqbol in Hal Far. The site at Wied Moqbol in Zur- rieq is designated by the South Malta Local Plan as an agricultur- al area. The policy clearly states: "MEPA will continue to protect agricultural land from all types of inappropriate development. With- in agricultural areas, as indicated on the relevant Environmental Constraints Maps, only build- ings, structures and uses essential to the needs of agriculture will be permitted". Moreover the nearby Wied Mo- qbol is designated as a Special Area of Conservation of Inter- national Importance under the Natura 2000 programme in view of the importance of the species as well as archaeological remains found there. An appeal against this decision by Charles Fenech was also reject- ed by an appeals board in 2009, but the sentence was overturned by the law courts for procedural reasons. The law courts did not call for the approval of the permit but ac- cepted Fenech's appeal because the appeals board in its 2009 deci- sion had not given the developers the opportunity to present their views on the application of the policy which justified the refusal of the permit. In its new decision, the new MEPA appeals tribunal recog- nized that the development would result in the "loss of rural char- acteristics" like rubble walls and trees. But it also concluded that the impact on agriculture was temporary as the quarry can be rehabilitated after the stone re- source is exhausted. It also observed that the devel- opment is compensated by the rehabilitation of quarries in the vicinity of the Hagar Qim monu- ments. "This means that the de- velopment will not result in the loss of agricultural land," the tri- bunal argued. The tribunal which issued the controversial permit is composed of Labour candidate and lawyer Simon Micallef Stafrace, Freeport chairman and private architect Robert Sarsero and planner Mar- tin Saliba. But Mr Justice Chetcuti has lam- basted the decision. "Instead of applying policy as it is obliged to do, or at most refer- ring to other policies which may be adopted, the tribunal chose to base its decision on other consid- erations, such as the value of agri- culture," the judge said. The court also made it clear that the tribunal can only make an in- terpretation of a policy when the same policy allows room for inter- pretation. But in this case the policy in- cluded in the local plan designat- ing the area as an agricultural zone was not open to any such interpretation. The court argued that a tribunal could not use its arbitrary power to change the designation of a site included in the local plan. Imperial hotel to become old people's home JAMES DEBONO A planning application has been presented to change the use of the historical Imperial Hotel, which dates back to Victorian times, to an old people's home. The application includes plans to add two new storeys on top of the old building and to demolish part of the existing building while retaining the part of the building which is scheduled. The application also foresees plans to excavate the site to con- struct car park facilities and other amenities at basement level. Originally built as a villa in the 18th century, the building was subsequently used as a hunting lodge for the British governors before it was transformed into a hotel. The hotel was opened by 1875. A guide to the Maltese islands published in 1880 describes the establishment which belonged to the Ellul family as one "situated in the highest part of Sliema and commands an uninterrupted view of Valletta, the sea and country". The hotel's interior includes tapestries, French ormolu clocks, crystal chandeliers, China vases and English fire irons. Site of the proposed quarry YOUR FIRST CLICK OF THE DAY www.maltatoday.com.mt Top left: Plans for the proposed alterations to the Imperial Hotel in Sliema, which add two storeys to the building