The Qala Local Council and Moviment Graffitti have filed an appeal against the approval of a planning application which sanctioned two swimming pools by one of Joseph Portelli’s companies in Qala, Gozo.

The planning application, which was “to sanction excavation of site and proposed construction of two pools, as well as soft landscaping”, had been filed by Excel Investments Ltd, of which Portelli is a shareholder.

The swimming pools are located in an area outside the development zone on Triq Ta’ Kassja in Qala. They form part of wider plans to construct apartments. The project had caused quite an uproar.

In comments to The Malta Independent on Sunday, Qala mayor Paul Buttigieg said that he is feeling frustrated as "such (planning) applications are creating many problems", not only for the Qala residents themselves but also for other villages.

"The way of living in these villages is changing together with the atmosphere as a consequence people who have been living in the village for a very long time such as foreigners, are emigrating back to their home country such as England," he said.

Another point made was that this is also affecting the economy of such villages as "some people who used to long-term rent high-end places in Qala have decided to leave because of all the traffic and the chaos that is being created".

The Qala Local Council and Moviment Graffitti filed the appeal over the pools permission with the Environment and Planning Review Tribunal, through their lawyer Claire Bonello.

“The application history of the site is one where the applicant/s (all linked) apply in a piecemeal fashion, incrementally encroaching within the ODZ. Although several representations were made objecting to this cumulative (and unlawful) uptake of ODZ, these concerns were always dismissed by the case officer and the Planning Commission. ERA repeatedly objected to the take up of ODZ land,” the appeal reads.

“These objections were brushed away with some excuse or other, such as the encroachment being minimal or that it is being landscaped. One of these preceding permits is currently under appeal. The Planning Commission disregarded this point. It is clear that the PA was complicit in allowing the laying of the ground work for two huge pools which will formalize the ODZ, are alien to the vernacular rural character of the area and will cement the PA’s reputation for permitting the sanctioning of abusive development, despite the clear breaches of policy.”

"Qala, together with other Gozitan villages, is losing its characteristics for which foreigners used to decide to come to live here," Buttigieg (above) told this media house.

He added that a few years ago, Gozo was criticised for being a crib. "I ask (them) what they think of it now. Is Gozo better now than it was before?"

The appellants said that the site in question is an ODZ enclave and that such sites may be used for greenhouses and for agricultural storage or agricultural processing facilities subject to certain conditions. “In the case at hand, the enclave is not being used as a greenhouse or for an agricultural purpose – as required by the Local Plan. Two huge swimming pools in an ODZ site are inimical to any agricultural use and in breach of the Local Plan policy.”

The appellants also argue that the application is in breach of the Strategic Plan for the Environment and Development (SPED) “as it consists of development which is not ‘necessary’ in a rural area. In allowing these two massive pools to be situated in a rural ODZ area, the Planning Commission deliberately ignored the sequential approach advocated by SPED”, as well as a number of the SPED’s objectives. “The pools could have been located in the urban area and not taking up a site which should have been used for agricultural purposes (as per the Local Plan). Moreover, two massive pools do not constitute traditional or desirable components of the rural landscape.”

The appeal also states that a number of other policies were breached.

“The integrity of a typical rural landscape of the Gozitan countryside is being irreversibly altered adversely, formalized beyond recognition,” the appeal said about the application.

The appellants also argued that the decision breached the law, saying through their appeal that “the (Planning) Commission completely ignored ERA’s objection and that of the SCH about the take-up of ODZ land (just as it had done in the previous applications on this site where ERA and the SCH had also objected). The Commission ignored the many objections made in respect of this application. It ignored the material consideration consisting of the fact that there is a pending appeal about the site. In short, the Planning Commission disregarded every single relevant factor and went ahead in dishing out this permit – without giving any valid reason for its flagrant disregard of the law, plans and policies. Moreover, the Commission did not deign to explain or motivate its decision or its disregard of all the above. For this reason, the permit should be revoked.”

Other points were also brought up by the appellants.

A number of witnesses were cited in the appeal – the applicant, his employees, partners, consultants, architect, Planning Authority employees, the ERA, SCH, objectors and their representatives and consultants.

Meanwhile, an application requesting the suspension of the permit was also filed with the tribunal.

On the decisions being taken by the Planning Authority, Buttigieg said that they should not be rushed adding that on the other hand "we should be ashamed of ourselves", that decisions on cases concerning places which people can enjoy, like the Honqoq ir-Rummien case, which has been ongoing for 20 years, should not happen.