MEPA Reform - Issues

Mepa Reform Process: Issues & Concerns
Consultees

The following text is based on comments submitted by one or more periti. If KTP has managed to make any progress with MEPA in resolving this issue, this will be documented in italics below.

Issue no 001
Submitted on 06.02.2011
Some Consultees (eg: KNPD, Sanita – Health, & others) could not download the project drawings they were being consulted upon by MEPA from the MEPA web site. MEPA case officers asked the perit to submit hard copies of the plans to the consultees. This could lead in due course to an objector raising an issue on the basis of Article 39 of the Planning Legislation and seek the revocation of an eventual permit. MEPA promised to address this issue but we have not received any feedback, meanwhile the process continues. Who will be held responsible for damages in the event that an eventual permit is challenged on this basis and eventually revoked, and a legitimate project stopped mid-way through construction? MEPA for having failed to ensure the delivery of the drawings through its own system to the consultees? The architect who followed MEPA’s request and delivered a hard copy to the Consultees? The developer, who was the person paying all MEPA fees and was not provided a complete service?

Reply 01.05.2011
MEPA has assured KTP that it will continue to strive to improve its eApplications system. When consultation through eApps is not possible, MEPA will provide the drawings to the consultees itself.

Issue no 002
Submitted on 06.02.2011
MEPA reception informed some periti that they cannot meet the Sanitary Engineering Officer (SEO) to discuss the interpretation of sanitary law UNLESS a specific file is indicated (i.e unless an application had already been submitted). The interpretation of Sanitary Law is fundamental. It is sometimes a make or break interpretation on which an applicant will decide whether to purchase a particular property or not. Does this mean that pre-submission meetings are not at all possible?

Reply 01.05.2011
MEPA has confirmed that pre-submission meetings with SEO are possible if one prepares drawings of the issues being discussed. It is advisable that periti call in advance to set an appointment rather than turning up unannounced at the Planning Shop. It is to be further noted that SEO availability has been extended to include Fridays; thus SEO is available for meetings with periti every day between 9 and 11am, and between 2 and 3pm.

Issue no 003
Submitted on 06.02.2011
A perit was informed by MEPA front desk that meetings with SEO are no longer possible, since in essence the screening phase of the application now serves that purpose. Upon further enquiry it transpired that only ‘ambiguous’ cases will be seen by the SEO at screening stage!

Reply 01.05.2011
MEPA has confirmed that pre-submission meetings with SEO are possible if one prepares drawings of the issues being discussed. It is advisable that periti call in advance to set an appointment rather than turning up unannounced at the Planning Shop. During the initial screening process, feedback from SEO will only be sought if the sanitary issues are deemed to affect the principle of the development. In all cases, SEO will be consulted during the processing of the application, post validation.

Issue No 004
Submitted 01.05.2011
Consultee Reports following EPC hearings are not made known to the perit prior to deferred sittings, thus not making allowance for counter arguments from the perit / applicant.