12 bungalows approved instead of wedding hall in protected Wied Babu

The Planning Authority’s Board has in principle approved a tourist complex consisting of 12 bungalows with pools instead of the Garden of Eden wedding hall within the protected Wied Babu valley.​

The decision was taken minutes after the same board approved the restoration of an illegal carpark dating back to 1998 back to its garigue state.  

Only six board members were present at the meeting.  Of these only NGO representative Romano Cassar voted against, arguing that development of residential bungalows is not compatible with the protected status of the area.

The project was recommended for approval by the Planning Authority’s development management directorate despite the absence of any planning permit for the existing structures.

The bungalows were  approved on the basis of the PA’s rural policy  which permits the redevelopment of legal buildings outside the development zones (ODZ), if the replacement is deemed to be an environmental improvement over the existing situation.    

The case officer argued that the demolition of the wedding hall and its replacement by bungalows will decrease noise pollution in the area.  But the policy is limited to legally established buildings.

But in this case the only permit issued on the site of the wedding hall was one issued in 1988 for the erection of a boundary wall. But in 1989 Joseph Baldacchino was issued with a trading licence for “an open-air disco” and to sell drinks, following a “no objection” by the Works Department.

In 1990, the licence was withdrawn in view of “unauthorized structures” consisting of “rooms roofed with a wooden ceiling” which had been erected in the area.  But in October 1990, Baldacchino was found not guilty of building without a permit, with the magistrate saying there was “reasonable doubt” that the structures were built before the revocation of the police trading licence.

The police and Attorney General appealed, arguing that the ‘no objection’ of the Works Department to the disco licence did not amount to a planning permit for the illegal structures. But the appeal was erroneously filed against a certain Joseph Polidano, instead of Joseph Baldacchino. The Attorney General subsequently withdrew the appeal in November 1990.

But the legality of the building was certified in May 2014 in a letter issued by  former executive chairman Johann Buttigieg stating that following verifications of court procedures and legal advice, “the authority cannot state that the premises in question are illegal or that illegalities exist on site.”

Prior to this approval the PA unanimously approved the restoration of an illegally developed 4,900sq.m car park, opposite the wedding hall,  back to its natural garigue state.  The PA had issued an enforcement notice against this illegal development in 1998 but failed to take any action against the owners.  

Gabriel Apap from Moviment Graffitti objected to the way the restoration of the illegal parking was linked to the development of the bungalows.

“The PA should have simply enforced the law.  Any other application should have been considered after the site is fully restored to its natural state.” 

Apap also objected to the development being proposed on the site. “This is a natura 2000 site where only development compatible with the protected site should be allowed”, Gabriel Apap from Moviment Graffitti said.

The PA’s case officer said the proposed redevelopment was acceptable because of its minimal visual impact and because the Environment and Resources Authority had concluded it was unlikely to affect the integrity of the protected Natura 2000 site. Photomontages from sensitive views show little change over the existing situation.

The case officer described the new development “as one having a much higher quality rural design” than the existing building, and which better respects its surroundings.

The single-storey buildings were said to “blend better” with the surroundings, using earth-colour tones, curved pathways as those found in the countryside, and the addition of shrubs and plants typical of garigue landscape.

The outline development, issued today establishes the planning parameters of the new development with regards to land use and height. Other issues, such as design, accessibility and landscaping will be dealt with in the eventual full development application.  The restoration of the illegal carpark has to be finalised before the permit issued today is validated.