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MT 17 January 2016

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maltatoday, SUNDAY, 17 JANUARY 2016 News 9 Bay lido in new regularisation effort agritourism proposal for Gozo Advisory committee objected to the farm's negative visual impact on views from Xlendi Road and Munxar. Plans seen by MaltaToday show proposals for 10 rooms of 28 square metres, a store and reception area, a pool and a breakfast area. The land is part of "disused and derelict agricultural land" which has a shallow cover of topsoil for agricultural purposes, according to a study carried by the proponents of the mushroom farm. The area is described as highly disturbed, with a limited agricultural potential due to the impact of the prevailing winds, which is why most of the land is used for fodder crops. An application to regularise an existing farmhouse in the area was approved in 2007, despite a clear recommendation by the case of- ficer against the development. An application for an ODZ pool was turned down a year later, but the permit was approved at reconsid- eration stage in 2009. This is the second agritourism project proposed in Gozo. Another is being proposed by Ta' Mena Es- tates in Xaghra, which is to include a shop, a winery, tourist accommo- dation, interspersed over a larger 43,995 square metre site (which forms part of a larger land parcel owned by the same owners) in the Ta' Srug area of Xaghra, most of which will be retained for agricul- tural purposes. The development will include 10 suites of around 50 square metres each, and a breakfast area (instead of an already existing room). The development will include a free- range area for the Maltese black chicken, beekeeping facilities and an olive press. Through the new policy ap- proved last year, owners of agricul- tural land can construct up to 10 rooms over 400 square metres of floor space. But the policy explicit- ly states that such development can only take place on 67,000 square metre holdings. The approved policy states that any proposed building must ac- commodate 7 to 10 guest rooms, with ancillary facilities that can include a pool area and with build- ings that does not exceed a total floor space of 40 square metres. A Restoration Method Statement prepared on MEPA's request has recommended the removal of the current terrace structure at the back of the beach and the introduc- tion of sand dune vegetation. But the application retains a number of illegalities on this Natura 2000 site. A room beneath the res- taurant's terrace will be sanctioned and extended underground to pro- vide additional storage to compen- sate for the demolition of another illegal storage room: "indispensable for the storage of sun beds and um- brellas, particularly during the win- ter months when wave action can be pretty severe". Another illegal terrace used for sunbathing purposes and "private functions" will also be retained. According to the PDS the site of the lido itself covers an area of ap- proximately 2,000 square metres. This includes a bar and restaurant, including a kitchen and a covered dining terrace, a beach shop, toilet facilities and showers. Din l-Art Helwa objects The application fails to address the occupation of the beach by sunbeds. Patrons of the lido use various ter- races located around the restaurant area as sunbathing decks but they are also used to host private func- tions, especially in the evenings. The PDS acknowledges that the eastern-most terrace does not form part of the lido but the lido opera- tor still rents out umbrellas and sunbeds to visitors who prefer to stay in this area in the same way that they rent out umbrellas and deck chairs to people on the sandy beach. Through the application these ter- raced areas covering approximately 1,700m2 would also be "restored". In an objection sent to MEPA in December Din l-Art Helwa ob- jected to any sanctioning of any il- legal extension of the lido into the surrounding area, noting that the permit issued in 1999 had already considerably enlarged the lido. "What was (in the 1960s) a small lido has now grown in proportion in a way that it overpowers the bay, extending from one side to the oth- er," it said. Din l-Art Helwa is objecting to any regularisation of a terrace ad- joined to the lido which has taken an "extensive area of the bay", in- sisting that this should be reverted to the original natural state. The eNGO is also objecting to the plac- ing of tables and chairs on the roof over the lido, noting that this would only increase the volume of the de- velopment. Din l-Art Helwa insists that the site should be restored in a way which creates a "gentle gradi- ent to the bay". A planning saga lasting 20 years The site was originally leased to Charles Micallef through a letter is- sued by the government in 1994, for a licensed catering establishment – but it included a special condition, which obliged the lessee to use the area solely for the placing of tables, umbrellas and deckchairs. In October 1994, the Planning Authority issued an enforcement notice for concrete paving that took place without a permit. Micallef appealed, saying he had not changed the use of the site and was therefore in compliance with the special condition of the lease requiring him to use the area solely for the placing of tables, umbrel- las and deckchairs. The appeal was dismissed. In 1999 however, MEPA issued a permit for additions and alterations to the existing restaurant, leaving the staircase and terraces in an ir- regular position. Subsequently, two applications to regularise the devel- opment were rejected in 2004. In 2008, MEPA issued enforce- ment notices over two rooms built without a permit. In 2009, another enforcement was issued over the deposit of concrete to form pas- sages, the deposit of construction material and new boundary walls without a permit on a scheduled property. In March 2014, a new enforce- ment order was issued against the construction of an illegal canopy covering the restaurant's terrace, the construction of a room being used as a kitchen, the creation of concrete paved areas used for plac- ing of sunbeds and umbrellas, the levelling of pathways and the devel- opment of cladded boundary walls between sand level and concrete area. Kercem site for an agritourism proposal Paradise Bay, "overpowered by lido which extends from one side to the other" – Din l-Art Helwa

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