Mepa informed that there is enough evidence to revoke Ulysses Lodge permit - http://www.independent.com.mt
Saturday, September 29, 2007
Malta Environment Planning Authority’s (Mepa) legal office yesterday informed the authority that there is sufficient evidence to revoke the permits, approved earlier this summer, for the re-development of the Ulysses Lodge.
The authority, on 6 June, approved the full development application for the construction of 23 residential-style villas, underground parking and pools overlooking Ramla Bay, in Gozo, sparking a public outcry from environmental organisations.
The board was told that there was sufficient evidence to consider applying article 39A on the outline and development permits because its legal office has found “inaccuracies in the ownership declarations submitted with the application which had a material bearing on the decisions of the authority.”
Article 39A of the Development Planning Act states that “the authority may, where there are cases of fraud, error on the face of the record or an issue of public safety, withdraw or modify a permit which has been approved.”
However, the Act clearly defines “fraud” as the submission to Mepa of any information, declaration or plan which is false, misleading or incorrect.
In July the authority announced that it was investigating requests for the revocation of both permits on two matters: following submissions on behalf of objectors and the legal basis to a public deed – regarding the sale of land – which Mepa requested from the applicant as part of the permit conditions.
When the full development permit was approved, Mepa imposed condition 11 in the permit, binding the applicant to enter into a public deed with Mepa not to transfer any part of the complex.
Mepa introduced this condition to ensure that the tourist complex is not eventually transformed into a residential area.
However, if the land covered by the permit is not fully owned by the applicant, then condition 11 is not fulfilled and, as a result, the permit is no longer valid.
Following the approval, Mepa started carrying out research on the issue of land ownership.
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