Proposals to amend the Development Planning Act are set to provide tools by means of which the Malta Environment and Planning Authority (Mepa) will be given new powers to act fast with regard to illegal buildings found outside development zones (ODZ).
Environment and Rural Affairs Minister George Pullicino yesterday announced the details of a Cabinet decision with regard to four main proposals to amend the Development Planning Act.
Speaking at a media conference at the Mediterranean Conference Centre yesterday afternoon, Minister Pullicino explained he had just briefed environment non-government organisations (NGOs) about the Cabinet decision. He said the amendments will be tabled in Parliament when sittings resume in September.
Flanked by representatives of local environment NGOs, Mr Pullicino said that although the authorities had tools at their disposal to take action against owners of illegal buildings, a number of logistic and legal problems were leading to slow or ineffective enforcement.
In turn, this carried the wrong message, particularly considering that the expense to sanction the illegal building, according to current legislation, is negligible.
The minister said it was common practice for developers of ODZ illegal buildings to extend the period leading to the demolition of the buildings as much as possible after they received the enforcement notice.
In order to address this problem, explained Minister Pullicino, the first proposal would allow Mepa to be able to take direct action against developers without having to wait for pending appeals. This would apply for buildings that were built illegally outside development zones after May this year, since this is when Mepa took the latest aerial photos of ODZ areas.
However, owners of illegally constructed buildings would still have the right to hold Mepa responsible and the authority will have to pay for damages if developers win the case.
“Mepa is being given the power to executive enforcement. It is a means of providing tools for them to act fast in the best of the country’s natural heritage. It is a matter of allowing Mepa to act in a more effective manner,” said Mr Pullicino.
The second and third proposal to amend the Development Planning Act deal with illegal buildings constructed after May this year and those constructed before.
By means of the second proposal, the Mepa Appeals Board would be given the power to immediately refuse permits with regard to illegal buildings constructed after May this year.
As for pre-May 2007 illegal buildings, the minister explained that the third amendment provides for the setting up of an Appeals Board that deals specifically with enforcement. This board would be constrained to take its decision with regard to ODZ buildings that were built before May this year within six weeks.
The fourth proposals deals with an amendment that will raise the ceiling tenfold for fines given by Mepa with regard to any illegal development (not just ODZ developments). The ceiling will be raised from Lm1,000 (EUR2,329.37) to Lm10,000 (EUR23,293.73).
Minister Pullicino concluded by saying that the proposed measures are not only intended to give new powers to Mepa to be able to take direct and more immediate action against illegal developments, but they should serve as a deterrent to abusers.