State wanted out-of-court settlement on Armier

Talks between the representatives of the illegally erected boathouses in Armier Bay and the government almost led to an out-of-court settlement when the Lands Department attempted to repeal an eviction order which was being contested in court, MaltaToday has learnt.

Tarcisio Barbara, the director of Armier Developments Ltd, which represents owners of the boathouses, told MaltaToday that an attempt by the Commissioner of Lands to have court proceedings stopped could not be entertained by the court of Judge Anthony Ellul, who this week green-lit the eviction of 12 boathouses.

ADL was contesting the eviction of the boathouses in a court action against the Lands Department after the Mellieha Local Council demanded the eviction of those obstructing access to the bay.

The attempt to stay proceedings hints at a new direction by the Labour government to sanction a portion of the boathouses, which - in Barbara's words - can be considered to be "environmentally sound" and evict all the other boathouses built in historic and environmental buffer zones.

Barbara in fact said the government is opposed to a plan forged by the previous administration in 2003 to hand over 230 tumoli of land to ADL on a 65-year lease against an annual Lm157,000 (€350,000) payment.

"The government doesn't agree with rebuilding the boathouses. We are not stamping our feet either, because we are ready for alternatives.

It seems the government's policy is to allow us to keep boathouses that are 'environmentally sound' and to remove those are not structurally sound or built on historic sites," Barbara said.

Asked to comment as to the government's strategy on Armier, Parliamentary Secretary for Planning Michael Farrugia confirmed the ongoing talks between a government delegation and ADL, but said that he was "not excluding anything" for a solution to the illegal boathouses.

Asked whether the government was considering a sanction of the so-called "environmentally sound" boathouses and scrapping abusive construction around historic and environmental buffer zones, Farrugia said he would not confirm this.

"I cannot confirm a conclusion that has not yet been arrived at. We should not jump the gun to talk about conclusions that have not been reached. It is better at this stage to see the discussion continue."

When it was put to him by this newspaper that Judge Anthony Ellul's verdict had created a precedent for demanding the full eviction of any illegal boathouses at Armier, Farrugia admitted that, politically, a compromise could be reached with the boathouse owners.

"A compromise can be reached... ultimately it is common sense that has to prevail in these circumstances. Nobody should expect that they can encroach upon government land without suffering the consequences. But we are dealing with an entire community here," Farrugia said of the 800-strong, boathouse 'shantytown.'

It is clear that both the government and ADL are involved in talks which will yield some form of decision on the fate of the illegal boathouses, especially with attempts in the past weeks to have the court action ceased.

Barbara said ADL had only this week spoken to government representatives and that talks will continue in the coming weeks, in particular to discuss alternatives for the 12 boathouses under eviction.

"We have no beef with the court judgement," Barbara said of Judge Ellul's verdict on the 12 boathouses. "These boathouses have been built on a road above the bay. The former Mellieha mayor wanted them evicted, and we asked for alternatives to their siting because they were being served with water and electricity for the past 30 years.

"The mayor didn't want to discuss this, so he made his complaint to the Lands Department, which issued an eviction order. After filing a successful prohibitory injunction, we opened the case to reverse the decision."

That court decision delivered a remarkable comment on the political promises that both Nationalist and Labour administrations have made to the Armier 'squatters.' Judge Anthony Ellul said the so-called "letters of intent" and promises by the government to ADL were not binding contracts and ordered the evictions to proceed.

Judgement welcomed

Malta's Green Party, Alternattiva Demokratika, and environmental NGOs have welcomed the decision, and they are bound to push the principle that Ellul's judgement should be considered valid for all abusive boathouses on public land at Armier.

"This comes after devious and illegal arrangements and promises made by political parties over these last 20 years, generally at election time," Flimkien għal Ambjent Aħjar Coordinator Astrid Vella said.

"It is ironic that just when the courts ruled that these constructions are declared illegal and that the supply with water and electricity was deemed questionable, the prime minister said he would wait for advice before taking any action.

"Is government now going to find or create a loophole to make these squatters legal, or is it going to allow justice to take its course without fear or favour? Are we to expect government to facilitate an appeal? Will the taxpayer be asked to pay to defend this illegality?"

From Brussels, Joseph Muscat said he would see whether all judicial avenues are exhausted before passing comment on the Armier situation.

"Joseph Muscat should call in the demolition people next Monday," AD Deputy Chairman Carmel Cacopardo said. "AD has campaigned actively for the demolition of the Armier shantytown. The land next to the sea should be accessible to all and not to a select few."

Flimkien għal Ambjent Aħjar, Friends of the Earth, the Malta Organic Agriculture Movement and the Ramblers Association indicated that Muscat himself had declared he would not commit himself to any promises before he had studied the situation. "The situation has now been studied for him in Ellul's judgement. Only action is left."

The Nationalist Party welcomed the court decision. "This legal case was originally instituted following an eviction order instituted by the Commissioner of Lands during the previous Nationalist legislature. The PN now expects the government to honour the ruling," Claudio Grech MP said.

No planning policy yet

This leaves the present government, which also brokered its own pre-electoral agreement with ADL, mulling over the option of sanctioning a number of illegal boathouses.

ADL itself submitted an application for the construction of 1,500 units, 30% of them to be allocated to new dwellers. But the merits of this application cannot be determined by the Malta Environmental and Planning Authority, because the land in question is subject to conditions laid out in the Marfa Action Plan, which is still in draft form and not yet approved by the House of Representatives.

"MEPA should take a decision on the Marfa Action Plan," Cacopardo said yesterday. "Eleven years after a public consultation was carried out by MEPA it is about time that a revised action plan is published. The action plan addresses the issues in the area, which are not just those related to illegal development but also involve the protection of historical fortifications dating back to the Knights of St John."

Barbara can take comfort in the fact that the previous government already stipulated 1992 as a cut-off date and only boathouses built after that year would be demolished.

Barbara told MaltaToday his lobby has yet to see whether it will appeal the court judgement. But he felt the decision should not necessarily prejudice the agreements the lobby had already secured with the Nationalist and Labour parties. "They may not be contracts, but they are letters of intent. And there are many properties predating 1967 which were constructed from concessions granted to their owners. Now we are trying to find a solution to have them regulated."