The planning authority will tomorrow hear an appeal for a permit for a batching plant proposed in an ecologically and archaeologically sensitive area in Siġġiewi.

The hearing takes on greater significance because part of the extensive site was descheduled a few days ago.

The site plan submitted for the batching plant’s application includes the area that recently had its protection removed.

The planning authority told the Times of Malta the proposed batching plant would be located 400 metres north of the recently descheduled area and the two cases were therefore not connected.

The descheduled area included planning infringements, with an enforcement notice pending action since 1997. One of the reasons why the permit for the batching plant was refused was the illegalities on site.

Applications to sanction such illegalities would not have been possible if the area had not been descheduled. The case officer who had previously recommended refusal was Johann Buttigieg, now Mepa’s CEO. The infringements consist of illegal excavations outside the permitted boundary and within an archaeological area, a special area of conservation under the Habitats Directive, an area of ecological importance and a special area of conservation of international importance.

Map of the site that had part of it descheduled.

Planning Parliamentary Secretary Michael Falzon endorsed the removal of the land in question from the list of scheduled property. When asked whether he had ever met the applicants before, Dr Falzon said he had not.

“Decisions are taken by the Mepa board without any intervention whatsoever. Dr Falzon has never met the applicants,” a spokesman said.

Mepa said the descheduling of the area had been requested by the owner. It said the owner had commissioned “a number of scientific studies” before the removal of protection, which was granted by the Mepa board after a “technical evaluation”. The decision was then sent to the government for approval.

“The board considered that, by the time of publication of the scheduling in 1996, the site in question was already disturbed by excavations and thus it approved the descheduling of part of the site,” a spokesman said.

The local plan specifically deals with the after use of a quarry in the areas in question. The policy only allows for the restoration of the said quarry.

The proposed development consists of a building to incorporate an office, a boardroom, a staff room, archives and a toilet to be erected at the entrance to the site just 30 metres outside the archaeological buffer and at the upper most part of the quarry.

The development also includes a workshop and a batching plant including three garages at the ground floor with curing bays at the lower level.

The applicant also wants to build a ramp that the case officer had said went contrary to all conservation principles because it is proposed within the buffer zone of an archaeological site known as ix-Xagħra ta’ l-Għar il-Kbir and the cart ruts in the area.

Planning rules state that no development can be permitted that would adversely affect a monument or site or its setting. There should be a minimum buffer zone of at least 100 metres.

The site lies in a rural conservation area where no industrial development is permitted. As it stands, the proposal does appear to fall within one of the permitted categories of development, namely facilities essential to agricultural, ecological or scenic interests. Mepa had decided to refuse the permit because “the proposed development is not acceptable in principal since the proposal is in contravention to all planning and environmental policies”.

For this reason, no consultations were carried out. If the appeals board decides to overturn the decision, all consultations need to be carried out, according to the case officer’s report that also points out the application should be subject to an environmental impact assessment.