Updated - Adds Mepa reaction -
Mepa is currently finalizing a legal notice for the introduction of daily fines and penalties which will be imposed on developers who ignored its orders, the Authority announced this evening.
It was reacting to a statement by the environment NGO Flimkien Ghal Ambjent Ahjar, which complained that the authority had failed to enforce its own orders to safeguard an old garden in Balzan.
Mepa said the legal notice was issued for public consultation last year and was later discussed within a parliamentary committee.
"The introduction of these new fines and penalties will tighten Mepa's enforcement by dissuading and penalising persons from carrying out illegal development," the Authority said.
In its statement, Flimkien Għal Ambjent Aħjar expressed concern over a permit granted by Mepa in Zebbiegh, touching another site where a previous development application was blocked by the Superintendence of Cultural Heritage because of its archaeological remains.
It also hit out at continued development in large gardens forming part of protected buildings.
"It is obvious that in spite of Mepa Reform, Mepa is still suffering from shortcomings in staffing and ethics which are helping to mask developers' abuse, especially since Mepa fails to give feedback on reports of abuse, fails to follow up known abusers and fails with the timely scheduling of heritage sites and green enclaves. Although drafted by Mepa 14 months ago, a legal notice imposing stiffer fines has not yet been ratified by Parliament," it said.
The environment NGO said it was outraged at the latest destruction of Malta's heritage carried out by a developer at the Palazz ta' Rohan, Main Street Balzan, where a development application that was hotly contested by Balzan residents and Flimkien ghal Ambjent Ahjar was refused by the Mepa Board.
"FAA had reported to Mepa that trees were being uprooted and soil was being removed from the 300-year-old palace garden. However Mepa officials reported back saying that all the works were approved and being carried out under Mepa's supervision.
"FAA and Balzan residents were therefore very taken aback to learn that wanton destruction had in fact taken place inside this garden resulting in Mepa issuing an enforcement order. This brings enforcement under the spotlight yet again. All too often FAA reports abuse only to be told that initial inspections revealed no infringements. On our repeated insistence, visits by the Director of Enforcement prove that extensive abuse had in fact taken place. In other cases known abusers suspend works temporarily, only to continue the destruction as soon as Mepa officials leave. Only ongoing inspection by Mepa and stiff fines can stamp out such abuse."
FAA said Mepa was continuing to issue development permits in Protected Green Enclaves as it did at the Palazzo Giannin and Palazz tas-Sinjura in Ghaxaq.
In the case of the garden of the Casa del Gioco in Balzan, an Emergency Conservation Order which the Superintendence of Cultural Heritage requested in August 2011 was only published days after the Mepa session when the case was to be decided in December 2011. To date that Emergency Conservation Order has not been followed up by scheduling protection which would finally decide the case.
"Although gardens were protected by the Local Plans in each of Malta's towns and villages, not a single old garden in Sliema and St Julian's has been protected as a green enclave. One cannot help wondering whether this is intended to facilitate their eventual development. Pressure from the Sliema Residents Association and FAA resulted in the scheduling of only half of Villa Bonici's historic garden. Other large old Urban Conservation Area gardens such as the those at The Palms, at Triq Sant' Anġlu and Triq Sant Elija remain unprotected, which can only be interpreted as an invitation to developers to fill them up with yet more unsellable flats," the NGO said.
MEPA REACTION
In its reaction, Mepa said that it refused planning permission for a development project to be carried out at the Balzan site. Moreover, it had also issued an Emergency Conservation Order scheduling this Grade 2 property and its extensive gardens for its significant historical architectural and contextual values.
"Through this Emergency Conservation Order, the Authority obliged the owner to repair the damaged parts and identify the other areas that need repairs most urgently. The Authority only gave its consent for the restoration of a number of historical features to take place. Mepa immediately issued an enforcement notice when it was alerted that the contractor started to remove trees from the protected garden. Mepa is conscious of the importance of green enclaves in village cores and considers such infringements very seriously," the Authority said.
"Mepa is currently finalizing the legal notice which will regulate the introduction on new daily fines and penalties. This legal notice was issued for public consultation last year and was later subject to various discussion meetings before a Parliamentary Committee.
"The introduction of these new fines and penalties will tighten Mepa's enforcement by dissuading and penalising persons from carrying out illegal development."