[WATCH] Investigation launched into PA’s refusals of ERA objections

Ad-hoc board set up in wake of MaltaToday probe

Environment Minister Jose Herrera announced yesterday he had set up an ad hoc board in the wake of a MaltaToday probe last December, to investigate the high percentage of cases in which outside development zone (ODZ) applications had been approved by the Planning Authority despite objections by the Environment and Resources Authority.

Herrera told MaltaToday that he had been “alarmed” by the findings, which revealed that the ERA had objected to 69% of ODZ applications approved by the PA, and had immediately sought the agreement of both authorities to take part in a board

“With the agreement of the PA and the ERA, I am appointing a ministerial board to investigate this problem and to report back to both authorities and to me as to why this inequality exists,” he said. “The chairman of the PA’s former Natural Heritage Advisory Committee, Judge Joseph David Camilleri, will be chairing this board.”

Herrera said the board would start with determining whether the ERA’s objections were frivolous in nature or if the PA was ignoring the ERA’s recommendations capriciously.

“The judge and his team will get back to me with recommendations on what needs to be done to ensure greater streamlining in the system,” he said.

Herrera said that the number of applications – and therefore decisions – had increased after doing away with the DNO system, under which permits had not been required for some types of development or irregularity.

He said one would also need to consider the type of applications in question.

“Very often, these applications are for minor changes and work,” the minister. “But I think that, as a rule, the ERA’s recommendations are accepted in major cases.”

The MaltaToday investigation had concluded that the ERA had been overruled by the dominant PA on 61 of its objections to the 88 planning permits for ODZ work over five weeks between 1 November and 6 December.

The vast majority of ODZ development approved consisted of minor developments such as the development of new agricultural stores, the regularisation of illegally built rural structures, the redevelopment or extension of farmhouses, and swimming pools and ancillary farm developments. 

The ERA, which was consulted over each of these applications, sent detailed memos on each case, in some of them objecting to the “piecemeal approach to development” which sees owners of farmhouses applying for more development once an initial permit is issued.

During the same period, the PA turned down 37 of these ODZ applications (30%).

Bill amendment providing for ERA board chairman to be replaced when absent, ‘in process’

Minister Herrera confirmed that the ministry was working on amendments to existing legislation to allow someone to replace the chairman of the ERA on the Planning Board, when the chairman was indisposed.

ERA chairman Victor Axiaq did not attend a controversial Planning Board meeting for medical reasons, and the ERA was not represented on the day since the existing legislation did not make any provisions for such instances.

At the time, Axiak said after the board met, that he would not be making his views public for fear of prejudicing the ERA’s decision, which has yet to decide whether to appeal the decision taken two weeks before by the Planning Board.
The highly controversial meeting, at which the Sliema project was approved by a majority of just one, took place despite the board knowing that Axiak would be absent due to health reasons.