Greens say MEPA board must resign over ombudsman’s Mistra report

The Green Party has called for the resignation of the MEPA board, over the findings in the 23-page report released by planning ombudsman David Pace, on the redevelopment of Mistra Village in Xemxija.

"Faced with such a report the board has no option but to resign forthwith and pave the way for a new Board which would be expected to withdraw the permits issued," Alternattiva Demokratika deputy chairperson Carmel Cacopardo said today.

The current MEPA board chaired by chairperson Vince Cassar was in breach of the law when it met in a private session to discuss the request to revoke the original permit issued for Mistra heights in 2008, the planning ombudsman said. 

Ombudsman David Pace said the board did not have its hands tied by the previous permit issued in 2008 and concluded that the original outline permit could have been revoked.

He also said secretive meetings were ruled out Article 6 of the Environment and Planning Act which states that "meetings of the Authority shall be open to the public". Although the law permits the board to deliberate in private, any vote has to be conducted in public.

The complaint to the ombudsman was lodged by Din l-Art Helwa president Simone Mizzi.

"The Planning and Environment Commissioner has concluded that there were failures by the Planning Directorate's Major Projects Unit and the MEPA Board, which failures justify the revocation of the permits issued in terms of article 77 of the Environment and Development Planning Act of 2010.

"The MEPA board was misled through incorrect and or inappropriate reporting as well as without appropriate justification based on policy for the recommendations made to issue the development permits."

Cacopardo said the board had no option but to tender its resignation.

It was MaltaToday that on 21 November revealed that the request by NGOs for the revocation of an outline permit issued in 2008 was discussed and turned down by the MEPA board in a behind-closed-doors meeting, held on the eve of the public hearing after the authority had asked for legal advice.

Planning Ombudsman David Pace also has made it clear that the MEPA board did not have its hands tied by the outline permit issued in 2008, thus disputing the government's claim that a refusal would have resulted in compensation claims by the developer. 

Moreover Pace also concluded that the original outline permit should be revoked. 

The ombudsman made it clear that the "conditions of the outline permit are not cast in stone".

In his report Pace points out that the outline permit left issues that have major adverse impacts unresolved, for a decision to be taken at Full Development Permit stage.

One of these impacts was the traffic situation in Xemxija hill which in 2008 was left as a reserved matter to be decided upon when the full permit is issued

The ombudsman described the whole process as "seriously flawed" as it selectively utilizes the Floor Area Ratio policy document which is not yet officially approved. "If it was deemed acceptable to use it, it should have been used in its entirety, which mean that the project could not have been determined at outline stage."

He also points out that the Authority's Major Projects Unit "actively supported the proposal, regardless of the detrimental effects it was bound to have on the environment."