Illegality − a moveable feast

This subject is one that makes me see red and makes me even more sceptical about politicians’ aims and objectives. It is not that long before we shall have to face the crucial decision on where this country is heading. Since politicians are in prepped-up mode, they should bear in mind all the misgivings (and there are many) the electorate is harbouring. On 6 January, the Malta Environment and Planning Authority (MEPA) will decide on an Enemalta application to build an electricity sub-station serving people who built ‘boathouses’ without permits in Marfa. I know that some will be thinking that surely the euro crisis is a more pressing topic. Of course it is, and I am sure other writers will address it as well as other vital issues that need tackling, but we still need to keep our fingers on the pulse on injustices and political wheeling and dealing. First of all, as the inverted comas suggest boathouses is a misnomer for the majority of these rooms. They are used as holiday homes. Public land is there for everyone and any illegal possession of such land by individuals should be immediately stopped. Instead, what we have seen is that those with the cheek to just avail themselves of prime sites, not only get away with it but are also aided and abetted by politicians to garner votes. NGOs are claiming that the squatters’ lobby made back-room agreements with the Labour Party (in Opposition) just before the last two national elections. If this is true, which seems likely, it would rather shatter Alfred Sant’s image of being whiter than white. On the eve of the 2003 election, an agreement was signed with the Nationalist government, which allowed the possible extension of the existing 67,000 square metres, with 800 illegal structures at Armier, to around 231,000 square metres, or 230 tumuli, of public land, against an annual rent of €350,000. Then just before the 2008 election, the Nationalist Party (PN) renewed that pledge. Furthermore, it said it would “consult with Mepa” on pending applications, said the NGOs. Since the PN won both those elections, we have and had a government that was and is accepting rent on illegal holiday homes, giving illegality legal status.  “One of the reasons brought forward by the illegal boathouse owners for the sanctioning of their illegal dwellings was that their premises had water and electricity supplied by government corporations (Enemalta and Water Services), hence government had acknowledged their position,” said a commentator on line. The government accepting rent further strengthens that argument. Basically, the government is renting out prime public land not only to legit developers, but also to those who just take possession of prime sites willy-nilly for use as holiday homes. It would be interesting to see what would happen if we all took advantage of such ‘perks’. Really, either way, the common garden, law-abiding citizens lose out on some of the best beaches. In 2004, the squatters, having been given grist to their mill, became highly organised and formed a limited company called Armier Developments, which should not even have been allowed to be registered, since if anything, the company should be called Armier Illegal Developments. It has a well designed website, which has a photo of a beautiful seafront view, no doubt one of the illegally occupied zones, minus the shantytown structures. Had it not been that the site’s only language is Maltese, it would no doubt have generated much interest among foreigners in search of caravan holiday homes. Anyway, Armier Developments submitted applications proposing the development of 1,589 rooms, five playgrounds and a bowling pitch, a mini-market, three restaurants, a two-storey garage, three community centres and a clinic in an area spanning Ramlet il-Qortin, Ta’ Macca u l-Armier, the Barriera tal-Ahrax quarry, Little Armier and the Torri l-Abjad zone. This sounds like a whole illegal town is being proposed. Besides, parts of these areas are supposedly protected as Areas of Ecological Importance (Habitat Directive), Special Protection Area (Birds Directive), Area of Ecological Importance/Site of Scientific Importance and Special Area of Conservation - International Importance, said the NGOs. I don’t know at what stage the applications are at, neither how the PN’s consultations with MEPA on the matter are faring. I just hope this issue will be a wake-up call to those who do not seriously question what MEPA is there for. The latter should not even be considering such an application and any submission to service an illegal entity should not even see the light of day. As for Enemalta, how on earth can such a body even think about applying to supply a service to illegal residencies? Nobody believes that they (the boathouses) are anything but holiday homes. “The existing squatters have in the past convinced Enemalta to supply electricity to their habitations,” said the NGOs. In a serious jurisdiction, there would have been an inquiry at that time, to establish how and why Enemalta was “convinced” to provide electricity to illegal structures? Illegality seems to be a moveable feast in this country. Had it not been for the seven environmental NGOs that are, luckily for us, insisting that the MEPA Board turn down the application, the subject might have flown under the radar. By their action the NGOs are not only fighting our battles but are also raising awareness on the despicable things that are sanctioned without the knowledge of the general public. The MEPA case officer has recommended refusal by the Board on the basis that this substation would benefit illegal development in the area. “There is no reason, from a planning point of view, as to why the substation should be permitted, considering how the proposed structure is aimed at providing services to beach rooms that are used as illegal holiday homes proposed to be demolished through the Structure Plan policies,” said his report. In line with that, the Planning Directorate is advising the MEPA board to turn down this application. But it is by no means a certainty that the Board will refuse the application. I therefore urge all right-minded people to voice their dismay and disapproval of the way the illegal squatters have already been given too much leeway and that it is time to stop the rot. Article published in the Malta Sunday Independent on 11 December 2011