The Planning Commission has green-lighted illegal works on a site outside the development zone in Bidnija where the owner had previously tried to relocate a farmhouse from Fgura.

The commission ignored warnings by the environment watchdog on the sanctioning of illegal works in ODZ zones and also overturned the case officer’s recommendation to refuse.

The application, filed by developer Emanuel Bonavia, sought to sanction illegal works carried out on a stretch of agricultural land near Sqaq ta’ San Pawl Milqi, off Triq tal-Milord in Bidnija.

Bonavia had first applied to demolish a farmhouse in Wied Blandun, Fgura, and relocate it to the site in question. The application was withdrawn before a decision was taken.

The new levelled site.

However, the applicant started works without a permit, paving the way for the construction of some two kilometres of rubble walls around his land, some of them at double the permitted height.

Excavation work also saw the levelling of three terraced fields. Illegal works persisted despite several enforcement notices and without permission from the cultural heritage watchdog since it is an area of archaeological importance.

Environment authority highlights abuse

In its objection to the application to sanction the illegal work, the Environment and Resources Authority said it was “increasingly concerned with the malpractice of first carrying out ODZ development abusively and subsequently expecting the regulatory authorities to retroactively rubber-stamp a fait accompli.”

It pointed out that the site lies at the edge of Ġebel Għawżara, a prominent ridge predominantly surrounded by agricultural fields, and consisted of open land characterised by rocky steppe and maquis habitats.

It said the interventions the applicant was seeking to sanction were objectionable and raised “significant environmental concerns”, especially since rubble walls that were built without a permit were 2.4 metres high, double the height of a normal rubble wall.

The deposition of soil without permit, which was utilised as a pretext for the construction of an excessive boundary wall, cannot be considered as a justification for such interventions- Environment and Resources Authority

It said this made the walls – around 2,000 metres long – “excessive and visually intrusive”.

It added: “The deposition of soil without permit, which was utilised as a pretext for the construction of an excessive boundary wall, cannot be considered as a justification for such interventions.”

The building in Fgura which the applicant first wanted to relocate to Bidnija.

ERA noted that the boundary wall had encroached onto the existing rocky steppe, degrading and obliterating the existing habitat. This significantly altered the natural landscape and topography of the area and lead to incompatibility with the wider rural characteristics.

€1,200 fine and sanctioning

However, all these considerations were ignored when the case was brought before the Planning Commission last week. The illegal works were sanctioned and the applicant was given a €1,200 fine.

Chaired by PA deputy chairman Martin Camilleri, with Anthony Borg and Frank Ivan Caruana Catania as members, the commission justified the illegalities since they were “considered to respect the rural context of the area” and that no further consultation was required.

The adjacent site where more illegal works were undertaken, with a dilapidated agricultural store on the bottom-right corner.

The commission said that following a site inspection, the applicant was requested to submit fresh drawings to reduce the soil level and the height of existing rubble wall abutting on Sqaq San Pawl Milqi, which were submitted and considered appropriate.

Objectors drew the commission’s attention to similar works on an adjacent site on which Bonavia filed a separate application to sanction illegal work.

The applications also seek permission to demolish and reconstruct an existing agricultural store, creating another room by roofing an existing reservoir to cover it with solar panels and excavate another reservoir in another part of the site.

According to objectors, this was a disguised plan to convert the store into a habitable residence with a pool.