Activists occupy swimming pool in Qala which was built illegally
Moviment Graffitti activists on Saturday occupied a still-empty swimming pool built illegally in the Qala countryside.Carrying flares and spray paint, the activists highlighted a loophole in the law which allows development to take place even though
Moviment Graffitti activists on Saturday occupied a still-empty swimming pool built illegally in the Qala countryside.
Carrying flares and spray paint, the activists highlighted a loophole in the law which allows development to take place even though appeals have been filed against the project.
Activists chanted “Mill-Qala sas-Sannat, il-liġi għall-allat [From Qala to Sannat, laws are for the Gods] and Tizfnu għad-daqqa tal-izviluppaturi [You dance to the tune of developers].
They then surrounded the empty pool, and sprayed the word ‘Illegali’ [Illegal] in bright red paint on the pool’s floor.
Police officers went on site and ordered activists to leave the scene.
“No police came when this swimming pool was being built illegally,” Moviment Graffitti Andre Callus told an inspector. “So this is vandalism. But destroying the countryside without a permit is not?”
Activists sat down and continued to chant when police officers told them they were facing arrest.
The activists then agreed with the officers to hand over their personal details as they exited the site when their demonstration ended.
The activists are demanding that the Government keeps its word and enacts the appeals law reform with immediate effect, a statement by the NGO said. The current law allows developers to commence works and complete them while the appeal in front of the Planning Tribunal (EPRT) or the courts is ongoing. The result of this — as we can see in Qala — is that projects that are having their irregular PA permits revoked by the courts, would have already been built.
Communities and organisations are having to bear the burden of appealing the obscene decisions of the PA, only for them to then have to deal with illegal buildings that no authority takes any effective action against, the NGO said.
"The site of today’s direct action clearly shows the tremendous power wielded by the developers in our country and how our planning system is essentially rotten to the core. Without any permits in hand, Joseph Portelli had started digging two enormous pools on ODZ land in Qala. No action was taken to stop him. Not only didn’t they stop him, but after a while they issued him with the PA permits," Graffitti said.
"We appealed this permit and won the case. But although the Court revoked the permit, the swimming pools had already been built — all because of our ridiculous appeals law. For this reason, this scar on our land — which is completely illegal — is still here to this day."
Graffitti referred to similar cases, such as the grotesque blocks in Ta’ Sannat and Xewkija, a hotel in Mellieħa, and a part of this very same development in Qala. In fact, a good chunk of the monstrous building behind us is also illegal because its permit was revoked after we appealed it. But, just like the pools, it had already been built.
The absurdity of all this is reaching ridiculous levels. Two days ago, the Planning Tribunal rejected the residents’ appeal against a monstrous development in Mistra because, according to the Tribunal, the site has now been “committed” for development because of the works done. It is worth noting that it was the very same Tribunal that had allowed the works to continue while the appeal was ongoing, the NGO said.
"We are convinced that all this is not happening by chance. The environmental destruction that is ravaging Malta and Gozo is deliberate. We have a Government ruled by developers that is more intent on filling their pockets rather than safeguarding our common good and quality of life," the movement said.
It was Prime Minister Robert Abela himself who in May last year had stated that it does not make sense to carry out works while an appeal is ongoing. But today, more than a year later, there is still no sign of this law reform. Meanwhile, developers continue to ravage our country with the blessing of those who are supposed to keep them in check.
Last April, Moviment Graffitti sent a letter to the Prime Minister, the Planning Minister and the Planning Authority CEO, demanding that immediate action be taken against Joseph Portelli's swimming pools in Qala's ODZ, "while also asking for changes in the laws that allowed these illegal structures to be built before the appeal was decided."
The permit for these swimming pools was definitively revoked by the Court of Appeal on 13 March this year following an appeal lodged by Moviment Graffitti and the Qala Local Council. But, owing to absurd laws and the very bad decisions taken by the authorities concerned, these swimming pools have now been built, the NGO had said at the time.
Moviment Graffitti recalled how Joseph Portelli had claimed that there was nothing wrong with the works he carried out in Qala before even submitting a planning application. "When the application (PA/8143/21) was eventually submitted, the PA issued the permit, even though works had been carried out illegally; this was just one application in a project that had been salami-sliced to evade a holistic assessment; and it was in clear breach of planning policies," the NGO said.
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