Issue link: https://maltatoday.uberflip.com/i/614946
maltatoday, SUNDAY, 13 DECEMBER 2015 13 News News -\SS*VSV\Y=LYZPVU C: M: Y: K: 0 0 0 100 C: M: Y: K: 0 100 100 0 C: M: Y: K: 50 100 100 20 TUNA AQUAMED MFF Ltd. - Hangar, Triq it-Trunciera, Marsaxlokk MXK1522 T: 2247 5000 E: contact@ebcon.com.mt www.mff.com.mt Farmed in Maltese offshore waters and delivered to you with special attention to freshness and to the highest standards. LOOK FOR OUR QUALITY MARK IN YOUR SUPERMARKET, FISHMONGER OR RESTAURANT FOR A HEALTHY LIFESTYLE. EAT FRESH EAT HEALTHY ENJOY OUR SEA BREAM planning duplicity put the property on my name, you would be saying that the permit was issued because of that," he told the media, somewhat reminiscent of the case of former PN president Victor Scerri (Bahrija) and former MP Jeffrey Pullicino Orlando (Mis- tra), both of whom were excoriated in the Labour media for not declar- ing their names in controversial developments under the Gonzi ad- ministration. But by not declaring his name Borg avoided the extra degree of scrutiny which should be accorded to applications presented by office holders in a democratic society. The property had been sold to him by its 17 owners – an elderly widow, her 14 surviving children and the two children of another daughter who has since died – back in May 2014, and his planning application was filed in June. An appeal against a refusal on part of the land was curi- ously withdrawn a few weeks before the new application was presented. Heritage watchdog had objected Since the local plan states that any replacement building had to enhance the rural character of the hamlet and have a high quality de- sign, the case officer concluded that the proposed building was "compa- rable" to adjacent buildings. But her opinion contrasted with that of the Natural Heritage Advi- sory Panel (NHAP), which objected to the development, noting that the small rural hamlet was being turned "into a modern apartment style set- tlement". It deemed the develop- ment excessive in both mass and density, and in violation of the local plan. In its reaction to the Ombuds- man's decision, MEPA invoked a 2010 permit issued in the same hamlet, claiming it was abiding by case law, a principle sanctioned by the law courts on various planning appeals. Environmental NGOs rebutting MEPA's statement objected to this reasoning, saying bad decisions from the past should not be invoked to perpetuate wrongdoing. "If, as feared, the new MEPA demerger law that grants permits according to existing commitment is to be based on abusive cases, then planning is truly bankrupt, both morally and technically," they said. MEPA in fact failed to say that the permit cited as a precedent for Borg's development, had been ini- tially refused and then only granted on appeal, which is why the NHAP said that it would have recommend- ed refusal had it been consulted at the appeals stage of this 2010 per- mit. In fact, the permit was approved by the appeals tribunal for entirely different reasons than those ap- proving Borg's development: the derelict farmhouse on Borg's land was not worthy of preservation, but in the case cited by MEPA the issue centred on the preservation of the existing building. That's why earlier in 2008, MEPA's then 'development control commis- sion' had refused Francis Falzon's application, because it argued that the farmhouse should not be de- molished. The refusal was over- turned when the appeals tribunal concluded that the building was not worthy of being retained and could be demolished. By overturning the refusal, the appeals tribunal ended up approving a permit that probably breached planning policies, creating a nasty precedent for over-develop- ment in this rural hamlet. jdebono@mediatoday.com.mt Although technically outside development zones, Borg's property is located in a rural hamlet consisting of clusters of rural buildings. The Santa Katerina hamlet has 55 rural settlements dubbed 'category 3 settlements' because they have the lowest residential density. Strict planning laws apply to prevent higher densities. The local plan seeks to protect these settlements by "seriously curtailing the taking up of fresh land for buildings for the creation of new dwelling units, which increase densities and activity in the settlement", and new development in these settlements should be towards rehabilitation and regeneration of the existing stock of buildings