ERA strongly objects to Melvin Theuma bid for ODZ residence

The Environment and Resources Authority is strongly objecting to an attempt by Melvin Theuma – the State witness against alleged mastermind Yorgen Fenech in the Daphne Caruana Galizia murder case – to change the use of an agricultural store approved in 2016, into a residence.

Before Theuma was granted a permit for an agricultural store in 2016, the ERA’s predecessor – the Environment Protection Directorate – had already expressed doubts on the genuineness of his application. It had noted that “the new building, which is proposed on two floors (store at basement and another at ground floor), includes a staircase, a WC, a restroom and multiple apertures […] it is not akin to a typical agricultural store/s which normally seeks to maximize internal storage space.”

It had also warned that the proposed stores were of an excessive size and would intrude into the rural context.

Now, Theuma is proposing the change of use from agricultural rooms to a residence, with ERA noting that “the request for an agricultural store was simply a stepping stone so as to obtain a permit for a dwelling” and that “this piecemeal method has now become the preferred modus operandi”.

The ERA used this case to denounce what is becoming a common practice with applicants like Theuma, starting with a “development” under the pretext of agriculture to then scale it up into a residence. “Once this initial request is granted, it sets the ball rolling for further extensions, change of use and other ancillary facilities, each application being granted on the basis that the site is now committed.”

Moreover, according to the ERA, giving the green light to the change of use of such a development would set a dangerous precedent and will only encourage others to follow, resulting in in the uptake of more ODZ land through extensions, parking provisions, services, waste management and swimming pools.

Theuma’s planning saga

In November 2019, Theuma was granted a planning permit for a menagerie that included dwarf goats, pheasants, peacocks, chickens, rabbits, and even weasels, on his land in Triq il-Kuccard, Safi.

Originally, he got a permit from the Planning Authority’s planning commission to build an agricultural store instead of the smaller rural structures on the site. He also planned to have a reservoir, gate and boundary walls, but these additions were objected to by both the Environment and Resources Authority and the Agricultural Advisory Committee.

As it happens, the PA commission was chaired by architect Elizabeth Ellul, who is also listed as one of the non-executive directors on the government’s Housing Maintenance and Embellishment Company (HPMU) where Theuma was granted a no-show job by order of Keith Schembri himself.

Theuma was not registered as a farmer when in 2016 the ERA and AAC said his plans for a reservoir were not motivated by a “genuine agricultural need”. And when he registered as a farmer in July 2016, the AAC still refused clearance in view “of the absence of proof of arable farming as defined in the Rural Policy and Design Guidance.”

For this reason even the case officer had recommended a refusal.

But the permit was still issued by Ellul’s planning commission, after Theuma submitted “evidence of agricultural activity” – evidence consisting of photos “showing the tools owned by the applicant used for the current agricultural activity”.

The case officer had however pointed out that this did not amount to “proof of arable farming as defined in the Rural Policy and Design Guidance”.

In June 2018 he applied for the construction of horse stables and paddock area. The initial proposal also included a visitors’ attraction centre, which Theuma later withdrew.

In 2019 he applied to develop of six animal enclosures with an area of approximately 56sq.m, which was approved in September. The enclosures would host four dwarf goats, six pheasants, one male peacock and three female peacocks, eight fancy chickens, 12 show rabbits and four Maltese weasels.

The application was deemed to be in line with the rural policy which identifies the keeping of animals intended for research, educational, sport, leisure and exhibition purposes, as one of the acceptable rural activities outside development zones, provided that the animal enclosures are lightweight, visually permeable and of a high-quality rural design.

The purchase of the 1,790sq.m landholding was financed through a €70,000 bank loan issued by the Bank of Valletta.