Updated Monday 10.30am with reaction to ministry's statement below
Surfacing works on the dirt road to Blue Lagoon in Comino do not have a Planning Authority permit.
According to the PA website, the case status says the application process, dating back to 2018, is currently suspended at the architect’s request.
Not only has no permit yet been granted for the works, but they are also happening on ODZ land – and in a sensitive area within a Natura 2000 site that is bound by a management plan, according to Friends of the Earth.
Its director, Martin Galea De Giovanni, said this was “now a familiar pattern” for works being commissioned by various governmental authorities, referring to the Dingli example of a road to nowhere in ODZ land to highlight the “ongoing trend”.
In the Comino case, the works on the “access road” are in the hands of the Gozo Ministry.
Galea De Giovanni also questioned what kind of services would be passed through a manhole being constructed as part of the works, expressing concern that it would end up providing utilities to the illegal kiosks and could lead to their “institutionalisation”.
Is this work attempting to legitimise illegal commercial activities?
He asked: “Considering that the pending permit is on behalf of the Gozo Ministry, is this work attempting to legitimise these illegal commercial activities?”
A Natura 2000 site means Comino is protected by existing regulations that prevent residential development on the island, which is rich in biodiversity and supports various rare and endangered species some of which are only found there.
Galea De Giovanni explained that the management plan for Comino acknowledged that the presence of a number of dirt roads already had a negative effect on the habitats of the island.
It also demands that during construction works, including that of roads, mitigation measures have to be applied to prevent damage to protected habitats and species, including the prevention of disturbance.
“This clearly shows that not only did this work require a permit, but also that appropriate environmental monitoring measures needed to be taken before and during the works,” Galea De Giovanni pointed out.
Come summer, he said, some form of work is always carried out along the tracks and the environmental NGO has had issues with the impact on the garigue of the dust methods used. Pouring concrete was yet another story and he explained that other more sensitive ways to do this in a Natura 2000 site had been proposed.
In the past, makeshift bits of concrete have been laid down for the kiosks that are not only constantly growing in size and number, but also leading to more vehicles on the island to manoeuvre them around.
The Environment and Resources Authority has, meanwhile, been alerted to the issue and it has also been reported to the enforcement arm of the PA.
Gozo ministry explains
In a late reply to Times of Malta's questions, the Gozo Ministry said on Sunday afternoon that the resurfacing of the existing passageway and quay with exposed aggregate concrete is needed to ensure a suitable surface for pedestrians.
"The passageway forms part of a pre-established network for vehicular transit within Comino and is essential to allow access to the Blue Lagoon."
It said the passageway is currently formed of beaten fill and has greatly degraded over the years necessitating immediate intervention.
"All works were and will be conducted following clearance from the relevant authorities," the ministry said.
In a reply to the ministry's statement, Friends of the Earth Malta said that the outline application for the works is still pending and that the case officer’s report recommends a refusal based on the fact that the proposal lacks information to enable complete assessment in terms of environmental and landscape requirements.
"Since this was an outline application, work could not have been started even in the case of approval and would have required a full development application. Can the Ministry for Gozo present us with the permit and the bank guarantee imposed?," the NGO asked.
The ministry, it added, is also incorrect when stating that “The passageway forms part of a pre-established network for vehicular transit within Comino and is essential to allow access to the Blue Lagoon.”
There is no such thing as an established road network on the island of Comino, which is also a Natura 2000 site.
"Although FoE Malta acknowledges that the path in question was subjected to weathering and required some form of intervention, we believe that no ministry or entity should be above the law as this is not only a form of environmental injustice but will also in the long term backfire thanks to those who in the short term are trying to bypass the laws and regulation in their quest to gain more political popularity and votes.
"It is high time that the environment minister puts a stop to these abusive trends which are undermining all the environmental and planning regulations to the detriment of our environment and wellbeing."
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