‘Coincidental omissions’ lead to MEPA permit on archaeological site

Environmentalist and heritage organisations have expressed concern at a development permit issued by the Malta Environment and Planning Authority for land in an archaeological sensitive area in the vicinity Mgarr (Malta).

The Archaeological Society of Malta, Flimkien għal Ambjent Aħjar and the Ramblers' Association,, along with residents of Zebbiegħ, joined forces yesterday to denounce MEPA for condoning development on a site in the vicinity of the Skorba Neolithic Temples in Zebbiegħ, limits of Mgarr.

The permit is to build flats and garages within a short distance of one of Malta's oldest remains - Skorba temples, which date back to around 3,600BC, and along with other Neolithic temples is also a UNESCO World Heritage Site.

The permit was granted despite objections by the Superintendence of Cultural Heritage (SCH) which had drawn the authority's attention to the archaeological potential of the site.

In processing this application, the NGOs argue that MEPA overlooked the illegalities perpetrated by the applicant in his earlier application PA 4521/09.

"The Superintendence of Cultural Heritage was never informed or consulted by MEPA about this application notwithstanding the known sensitivity of the area," they pointed out in ajoint statement. "In a meeting between the Zebbiegħ residents, the SCH, and MEPA, the authority representative said that this omission by MEPA to consult with SCH was 'unintentional'."

Furthermore, the application site notice was never fixed properly on site, depriving residents of their right to object in time. 

"In June 2010 residents of Zebbiegħ reported to MEPA and the SCH that excavation works being carried were going to destroy significant features, medieval ceramics and tombs amongst other antiquities, all of which are protected in terms of the Cultural Heritage Act," the environmental groups said.

"A representative of SCH informed the architect responsible for the development about the considerable archaeological sensitivity of the area and ordered works to cease. However, the works resumed until the Superintendence had to intervene on site to stop the works with the assistance of the police."

But it transpired this was not enough to halt the threat to the site. In July 2011 excavation resumed, this time using heavy machinery, destroying all that could have hindered the developers from continuing with their development. In another desperate attempt, the residents of the area called upon both MEPA and SCH to stop the destruction that continued to be inflicted upon the cultural heritage features at a very fast rate.

"Evidence of these remains is still present on site in spite of all the developer's efforts to completely conceal or destroy these remains," the NGOs said. "This begs the question: who is going to be held responsible for such illegal acts? Have criminal charges been pressed against those responsible?

According to MEPA's policy NWCO 5, "In the case of accidental discovery of archaeological remains during development, the contractor and owner shall stop immediately, ensure that the remains are not disturbed and notify the SCH and MEPA of the discovery."

In view of the above, the associations and residents renewed their call on MEPA to declare PA 4521/09 null and void at law due to the applicant's illegalities on site, and the submission of false and misleading information during the application process.

"Both the developer and the architect in charge were aware of the sensitivity of the area from previous investigations. The series of coincidental omissions by MEPA also raise a number of questions."

The NGOs added that they fail to understand how the permit PA 4521/09 was granted without any bank guarantees being imposed on the developer to ensure monitoring of works, when MEPA was well aware of the archaeological sensitivity of the area, and why an enforcement notice has not been issued by MEPA.

"To add insult to injury, the developer has now applied to MEPA for an additional basement level."

The NGOs and residents now call on MEPA's EPC board to not to repeat past mistakes and to respect the SCH and Heritage Protection Unit's firm and clear disapproval of this new basement application.

"It is being stressed that that if this application is approved, it would signify approval of the outrageous, speculative destruction of the invaluable archaeology present on site, part of Malta's precious collective heritage."