An article published recently in the Times of Malta, written by Din l-Art Ħelwa vice president Alex Torpiano, was entitled ‘Ignoring the courts is very dangerous’.
Overdramatic? Alas, it is a sad reflection of the incredible depths to which this country has sunk.
At what stage will we be shaken out of our bitterness and discontent? When the authorities ignore our pleas? When the police are missing in action? What about when a decision taken by the one of the most important institutions in the land – the courts – is blatantly ignored?
Developer Joe Portelli’s blocks of flats in Sannat, proposed through Mark Agius, have made a mockery of our entire planning system, flawed as it already was. The first point is that it was built in the first place. The permit had been challenged in court but construction was not stopped (as it could have been) pending the outcome of the case. The penthouses and pool were deemed illegal but, by then, had been built.
The second point is that they were not demolished. This is not the first time that the courts found something illegal but did not take that final step to order demolition.
And the third point is that the developer managed to find a way to get the illegal development sanctioned, by getting random third parties, who do not even own the buildings, to apply through a questionable summary procedure.
Chief Justice Mark Chetcuti must be speechless. His decision in March left no room for interpretation: the permits should never have been issued.
The permit went against the case officer’s recommendation for refusal (as it so often does), against the PA’s policies and guidelines and the Environment and Planning Tribunal’s justification.
The permits for the developments even breached the local plans for Gozo. Could the court decision have been any clearer?
Forget for a moment about the sanctioning: could this situation have been avoided? For a start, the tribunal in its infinite lack of wisdom allowed works to go on while the case was under appeal. The government has been promising for over a year to stop this – another promise that has been blown away by the winds of time.
We clearly also need a system which will order illegal constructions to be demolished, brick by brick, without delay and without the need for another legal process to be put into motion.
We need to make it financially painful for any developers to take these risks, not make it easier for them to manipulate the system in any way to sanction them.
If the politicians could prevent such constructions until the appeal process is completed, and NGOs can fight the permit, and the courts could back this up by ordering the demolition of any illegal constructions, at the cost of the developer, what is left?
Expecting a developer to do the right thing would be wonderful if it were not so naïve. While there are numerous ethical developers and architects, there are also rogues who have and will always get away with whatever they can – under every legislation.
So where can we turn? To the Planning Authority… This should be the gatekeeper for us all, and, instead, it has turned into an institution which has lost the respect of so many, viewed instead with mistrust for what Torpiano described as its “breathless arrogance”.
NGOs are holding a press conference on the steps of the Auberge de Castille on Saturday. Who knows? Maybe the prime minister will hear the rumbles of discontent.