Saturday 6 August, 2011
Reference is being made to the letter that was published in the Times of Malta on Thursday 28th July 2011 under the header ‘Lack of enforcement by the planning authority’.
The letter which refers to the disturbance caused to the writer by excavation effected in the course of development, was regrettably mistaken in a number of assumptions and consequently also in its conclusions.
The Authority would like to clarify that the distance to be maintained during excavation from the party wall is a civil issue regulated by the Civil Code rather then a permit issue. Indeed all MEPA permits are issued “subject to third party rights” which effectively mean that permits are without prejudice to third party rights arising from the law or from contracts. In so far as concerns the enforcement of the Construction Site Management Regulations, including times and days when excavations and demolition can be carried out, - as distinct from the enforcement of MEPA permit condition - the competent authority, is no longer MEPA.
Whilst appreciating that excavation can be a nuisance, it is important that matters relating to such issues are referred to the correct authority, for them to be addressed. MEPA sought to direct the complainant to the competent authority in this respect. It is regretted that the complainant felt that there was ‘lack of enforcement’ on its part by doing so.