Why has the PA not demolished the illegal Armier house?
Environmental lawyer says issues such as the illegal Armier house are a systemic problem
Construction of an unpermitted house continued in Armier over the past weeks, despite the Planning Authority having issued an enforcement order and the issue being reported in the media.
So why has the PA not yet taken direct action to remove the illegality?
The Planning Authority says the contravener, who media identified as Frank Mangion, as well as the Lands Authority as the landowner, have 16 days to remove such illegal structures themselves. Even then, the contravener may appeal an enforcement notice, which would suspend direct action until a decision is made.
Environmental lawyer Claire Bonello said issues such as the illegal Armier house are a systemic problem, and there are ways contraveners can suspend action, including by applying for sanctioning.
Bonello said the PA avoids taking direct action and does not use other powers it has in its arsenal, such as confiscating construction tools and vehicles.
Last Wednesday, the Malta Rangers Unit, an environmental crime-spotting NGO, pointed out that the unauthorised construction was nearing completion.
Outlining the rapid progression of the construction, the rangers posted photos showing bricks brought to the site at the end of May, put in place on June 3, and a worker assembling walls on June 5, when the case was first highlighted in the media.
Plastering of the walls and the installation of ceiling beams were completed by the following day, the rangers said.
In a Facebook post on Tuesday, the MRU said the PA's enforcement arm was “powerless”.
Asked why the PA did not take direct action, a spokesperson for the authority said: “The enforcement notice has already been issued and served, and the contravener is currently required to remedy the situation within the stipulated 16-day period.”
When the Planning Authority identifies unauthorised development or a breach of permit conditions, it follows a set procedure, starting with identifying the person responsible for the illegality.
Once that happens, “the enforcement officer issues verbal instructions to stop works and to rectify the illegal development. If these instructions are not complied with, the enforcement officer may proceed to issue an enforcement notice”.
Once an enforcement notice is issued, contraveners are given a stipulated time to fix the situation themselves. In the case of Armier, the contravener, Frank Mangion, is still within this time limit.
However, a contravener can appeal an enforcement decision to the Environment and Planning Review Tribunal.
“When an appeal is submitted, the operation of the enforcement notice, in respect of any requirement other than a requirement of stopping any further illegal development, is suspended pending the final determination of the appeal. This is one of the main reasons why immediate demolition is not the norm,” the PA spokesperson said.
If no appeal is lodged within the prescribed period, or the recipient fails to comply with the enforcement notice, the authority can proceed to stronger enforcement measures, the spokesperson added.
These “may include criminal proceedings, or direct action by the PA to remove the illegal development”.
The spokesperson also pointed out “that the site was already occupied by development and that the structure in question constituted the replacement of an existing structure”.
Bonello, a planning expert, said contraveners often get away with illegal development by applying to have their structures sanctioned by the Planning Authority.
Sanctioning is a procedure through which an illegal development is made legal against a fine.
Sanctioning is generally only approved if the development would have been legally permitted had the applicant applied for a permit before starting construction.
When a sanctioning application is being processed, all enforcement efforts are suspended, Bonello said.
The environmentalist lawyer said the PA usually avoids taking direct action unless it has no other option.
“Issues like Armier are symptomatic because the PA allows illegal development to remain and is very reluctant to take action,” she said.
The PA can disable or remove equipment and impound vehicles used for construction with the help of the police, Bonello said, citing Article 100 of the Development and Planning Act.