Illegali | Patrick Calleja

It is indeed a sad situation for a civilised State when citizens must resort to the kind of activism which we witnessed last week in Qala, Gozo.

Graffitti activists were much-admired by the general public, and myself for that matter, for this brave direct action. They sprayed the word ‘illegali’ (illegal) on the floor of one of the illegal communal swimming pools constructed outside the development zone by Gozitan developer Joseph Portelli.

In March this year these swimming pools were deemed illegal and the development permission issued by the Planning Authority was revoked by a Court of Law presided over by the Chief Justice following appeals made by Graffitti and the Qala local council.

The construction works on the pools had gone ahead despite the ongoing appeals against the development permission. Similarly, Din l-Art Ħelwa successfully instituted two court of appeal cases against the Planning Authority and the same developers with the courts revoking development permissions for receded floors that had already been constructed in the meantime. 

The Planning Authority has issued enforcement orders in respect of these massive illegal communal pools. However, enforcement notices are hardly a deterrent being capped at €50,000 beyond which no further fines are issued. Developers can easily factor in such a cost when considering whether to go ahead with illegal development. Enforcement notices may be appealed, suspending the daily fine. They can even be petitioned and waived or “forgiven” by a Tribunal whose members are appointed directly by the Prime Minister. In the meantime, the illegal development remains in place, scarring the landscape.

In these and similar cases, the blame for the destruction of ODZ land lies on the shoulders of the government, the Planning Authority and the Environment and Planning Review Tribunal. The government does not have any appetite for curbing illegal development and land speculation. Despite making vague promises, it has not introduced legislation suspending works when appeals are underway. Nor has it introduced effective enforcement mechanisms. The Planning Authority is more of a permitting authority and ignores the relative planning policies with abandon. The appeals tribunal also has to shoulder responsibility for this debacle as it did not suspend the permit pending the outcome of the appeal. The end result is that there may be fines which may or may not be accumulating and which may or may not be forgiven.

Even if the fines are paid up they should not exonerate the developers and, more significantly, will not absolve the government from taking direct action to have the illegal swimming pools demolished and the site restored to its original rural condition.

To this end, Din l-Art Ħelwa and Graffitti, have requested the CEO of the PA to block the access and use of the illegal structures. Furthermore, the enforcement section of the PA and Enemalta (through ARMS) must ensure that no water and electricity services will be provided for the common areas of the blocks or to any of the illegal receded floors. The PA should issue a public statement detailing a plan of action to assuage the growing sentiment of contempt that is understandably fuelling Graffitti and the rest of us.

It is the duty of the State to take direct action against the transgressors and to show that nobody is above the law - the use of the word State as opposed to the word government is not incidental. This selective impunity from the law, which is being promulgated by the government and its authorities, has got out of hand. It is no wonder, then, that Graffitti saw fit to take the action it did. And it surely did so with the admiration and consensus of most of us.

Graffitti hold the higher moral ground and this is the sad situation that I referred to in the opening line. Graffitti are clearly more principled and motivated to leave a positive impact on our society than the government. They are stepping in to fill that void the government has failed to see and act upon. Society is more inclined to see them as suitable and strong leaders with a clear vision of what we expect from the State.

The approach of the government, or rather its lack of one, is reproachable. It should change course to prevent further unbridled illegal development.