I refer to statements issued by Din L-Art Helwa and Gaia Foundation as reported in your paper.

The issue of the legality of the structures on site was discussed at outline stage, when no objections or comments were received. It had been then agreed that the development permit for the construction of the Ulysses Lodge was enough to indicate that the area had been committed by previous planning decisions. The construction of the road and the parking spaces, although not fully indicated in the approved plans, at that time were considered as ancillary to the development. In fact, no legal action was taken by the predecessors of MEPA who had to abide by a different planning regime. Hence it does not follow that the construction was illegal and cannot be re-developed.

For the record once more, there were two enforcement notices in our plotting records only one of which was still active.

One related to ENF 732/93 - Excavations without permit. This was marked at the upper end of the site. The case was filed as "possible breach detected (uncertain)" and the enforcement notice was subsequently withdrawn, with no further action.

The second enforcement notice was issued for the demolition and reconstruction works on the old building. These can be clearly identified from the photographs submitted with the restoration method statement.

The reason that there is no request for the sanctioning of these works is that the Restoration Method Statement is indicating the complete restoration of the old building, i.e. the removal of the works constituting the breach of planning law. Had there been the intention of retaining these works in part or in full, then these would have had to be regularised, and the request would have had to include the sanctioning of illegal works. As it stands, this was not the case.

MEPA reiterates that this full development application was granted following the approval of the outline permit for which no objections whatsoever were received. If the NGOs deem that they have the material necessary to prove that the Outline Permit ought to be withdrawn, they can initiate the process stipulated in Art 39A of the Development Planning Act.

Sylvana DeBono

Mepa Public Relations Officer

Floriana