Ian Borg’s illegal swimming pool could be sanctioned under proposed changes to planning policies for rural settlements, according to a heritage architect.
The foreign minister’s Rabat countryside pool was approved by the Planning Authority in a decision that a court last year declared illegal because the local plan only allows for the rehabilitation of existing buildings.
But in a vaguely worded proposal issued last week, the PA said it had started the process of reviewing local plans that affect rural settlements to “clearly define” acceptable types of development and fresh take-up of land.
The issue revolves around policies that cover Category 2 and 3 rural settlements, which are small clusters of residential developments located outside the development zone (ODZ).
Borg’s pool is in the grounds of his countryside villa in the hamlet of Santa Katerina, which is a Category 3 settlement.
The current policy only allows the rehabilitation and re-development of existing buildings – not the addition of swimming pools. It also specifically forbids the take-up of fresh land for new development, irrespective of its location or proximity to existing buildings.
In its objective, the PA said that the policy review seeks to “clearly define” what acceptable types of development can be considered as ancillary to a dwelling in Category 2 and 3 settlements and to set up guidelines for the fresh take-up of land in Category 3 settlements for development that is considered ancillary to a dwelling.
Instead of safeguarding rural land, the PA is opening the floodgates for the development of tracts of rural land
The appeals judgment that definitively declared Borg’s pool to be illegal hinged on the interpretation of two policy points (NWRS 3 and 4).
While the PA doesn’t specifically say in its statement which policies it seeks to amend nor how it intends to review them, it says it wants to “bring clarity and update the policies to ensure that the management and development of these areas align with contemporary planning standards while respecting their rural character”.
If NWRS 3 and 4 are amended to widen the acceptable types of ancillary development to a dwelling in a Category 3 settlement or allow for the take-up of fresh land, this could pave the way for certain structures to find grounds for sanctioning.
‘Completely unjustified’
Architect Tara Cassar, speaking on behalf of preservation NGO Din l-Art Ħelwa, said these amendments will remove safeguards that prevent development in small and traditional rural settlements.
“While the Planning Authority has yet to specify which new uses will be included, if pools are listed, it is clear that the changes would enable the sanctioning of the pool that the courts have already deemed illegal,” she said.
“The PA claims that the amendments are aimed at providing clarity and aligning policies with contemporary planning standards. However, the existing policies are already clear, leaving no room for conflicting interpretation.” Expanding land take-up in these settlements, she continued, is “completely unjustified” particularly as agricultural land is increasingly under threat.
“Instead of safeguarding rural land, the PA is opening the floodgates for the development of tracts of rural land surrounding these settlements by introducing piecemeal changes to the local plans. The focus should be on restricting allowable uses in rural areas, not enabling further encroachment,” Cassar said.
The saga of the Borg family swimming pool has been ongoing for years.
He was first accused of acquiring the property about twice the area of a tennis court in the scenic Santa Katerina valley for just €10,000.
After transforming an abandoned ODZ building into a modern dwelling, Borg successfully applied to build the swimming pool in an adjacent field.
When objector Noel Ciantar’s appeal before the planning tribunal was dismissed, he pursued the matter in court, which ruled that the permit should be revoked.
Borg filed a new application for the pool in 2019 which was again approved by the PA and endorsed by the EPRT. Undeterred, Ciantar again pursued the matter in court and once again managed to get the permit overturned. However, by this stage, the pool had been completed.