The Malta Independent 28 April 2024, Sunday
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Mepa Shirking its responsibilities

Malta Independent Saturday, 23 May 2009, 00:00 Last update: about 11 years ago

I wonder, is the Prime Minister aware that the Malta Environment and Planning Authority, which is his responsibility, is allowing a rampant abuse of the law, and expecting people to take offenders to court after it sanctions illegal developments?

Architects are themselves involved in this abuse, by submitting to the authority plans which are illegal, and which the authority sanctions just the same.

I refer to people living in terraced houses, excavating their house and garden to build, say, an underground garage, and a flat, or flats, on it. According to the law, such excavation must start at least two feet and six inches away from the face of neighbouring walls. The reason is obvious – if excavation is allowed exactly below the face of a neighbouring wall, and the owner of that wall, on the other side, also decides to excavate (meaning there would be excavation on each side of the wall), that wall would be resting on just nine inches of rock, which may be fissured.

This is illegal and potentially highly dangerous. Yet architects are submitting plans to Mepa with such excavation works planned, and Mepa is approving such plans, knowing such plans are illegal. Anyone protesting with Mepa about this is told to take the offending neighbour to court.

Why does Mepa allow such abuse? Perhaps it has a soft spot for lawyers, and wants to create work opportunities for them? Surely the remedy is for Mepa to disallow such illegal excavation? And surely architects should be made to ensure that plans which they submit are in conformity with the law?

An unsuspecting neighbour, who may not know the provisions of the law, would not be aware of his rights. Is this situation fair on such people? Why should neighbours be made to take their neighbours to court for such offences, just because Mepa is shirking its responsibilities. The offences should be disallowed by Mepa.

C. Agius,

San Gwann

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