From the Farm to the Fork

 

 

The local vegetable and fruit supply chain was under the spotlight last month. On 12 October, environmental NGO Friends of the Earth Malta organised a round-table at Vincent’s Eco-Farm at Żebbiegħ and published Agro-Katina, the result of its research tracking the food we consume, from apricots to zucchini. The report can be downloaded at https://foemalta.org/wp-content/uploads/AgroKatina-Report.pdf .

Maltese agriculture is characterised by small farm holdings, with three quarters of registered farmers working an area less than one hectare. With a hectare covering ten thousand square metres, this means that most local agricultural holdings are slightly less than nine tumoli in size.

Agriculture contributes a miniscule amount to the GDP – less than two per cent – but it is, however, essential to ensure the preservation of the rural characteristics of the Maltese islands.

Even though we are far from self-sufficient, agriculture can increase our self-reliance, thereby reducing our vulnerability to outside shocks.

It has been observed in the report that specific localities are linked to specific products: Rabat and Dingli are linked with onions, pumpkin with the northern agricultural region – primarily Mosta, Mġarr and Mellieħa – with cauliflowers being linked to Siġġiewi and Żebbuġ.

The report refers to the introduction in the local market of long, dark-skinned zucchini contrasting with the local round (or long) varieties of a lighter shade. As consumers overcame their hesitancy to a new product introduced to the market, local farmers started experimenting with growing it locally and, to their surprise, discovered that this variety (commonly found in Sicily and Southern Italy) had the advantage of being well adapted to the local climate.

Seasonality is still an important factor in agricultural planning, even though this is gradually on the decline primarily as a result of the competition from imported products which are available throughout the year. This seasonality is rightfully observed in the various village celebrations focusing on the availability of specific products: Manikata (pumpkins) and Mgarr (strawberries) readily come to mind. They educate consumers and contribute to a better understanding and appreciation of agriculture’s contribution to the country.

The report briefly refers to the “local vs imported produce” issue. It is emphasised that it only takes around 24 hours for locally grown fruit and vegetables to travel from the farm to the fork, hence ensuring that they are fresh, ripe and in season. This is not only reflected in a fresh appearance but also in an unmistakable advantage in terms of natural flavour and nutritional value, compared to imported produce.

Agriculture is the main user of water in Malta. It is also the major polluter of our water table. A study carried out in 2008 by the British Geological Survey on the nitrate contamination in Malta’s groundwater, commissioned by the then Malta Resources Authority, concluded that groundwater nitrate had been stable for the last 30-40 years. Notwithstanding, this has resulted in the contraction of the agricultural sector in the same timeframe.

The challenges facing agriculture in the immediate future are various. Climate change and the water crisis top the list. The changes in weather patterns will undoubtedly be a major headache. This will necessarily impact the viability of some crops, maybe bringing about changes to the season/s during which these crops are available. It will also possibly create the conditions for new crops.

The average age of the farmer is now around 55 – and this is not just in Malta, but across the EU. There is a growing awareness that we may be close to losing our farming community, in fact the impact of this loss is already being felt as it is fairly obvious that there are substantially fewer people protecting our countryside on a day to day basis.

The distance between the farm and the fork is increasing.

This is not good news.

published in the Malta Independent on Sunday: 12 November 2017

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Ghost towns in the Maltese Islands

The last Census, carried out in 2011 – with results published in late 2014 – revealed that in the Maltese islands only 68.2 per cent of residential property is regularly occupied. The rest is either vacant (18.4 per cent) or else used seasonally or for some secondary use (13.3 per cent).

If we focus on the regional data, the situation is much clearer. The rate of occupied residential property varies – from 79.5 per cent in the Western Region (between Dingli, Siġġiewi and Balzan) to 46.4 per cent in the Gozo and Comino Region. Table 1 gives the full data. Property that is completely vacant varies from a rate of 16 per cent in the Northern Region (between Naxxar and Mellieħa) to 23.9 per cent in Gozo and Comino as shown it Table 2. Finally, property which is used seasonally or for some secondary use varies from an insignificant three per cent in the Southern Harbour Region (Valletta to Xgħajra, up to Paola and Luqa] to a staggering 29.7 per cent in Gozo, with the Northern Region (between Naxxar and Mellieħa) with a 25.9 per cent rate being a close second as shown in Table 3. This data has been extracted from the 2011 Census Final Report pages 221 and 222.

This amounts to more ten times the size of residential Birkirkara, meaning that the vacant or underutilised properties in Malta and Gozo at this time are equivalent to 10 ghost towns – each of which is equivalent to Birkirkara, the largest locality in the Maltese Islands. This represents a substantial waste of public funds. As a minimum it means that funds spent on the development of the infrastructure (roads, electricity, water, drainage and telecommunications) for these 10 ghost towns went down the drain and could have been mostly avoided.

While all this built-up residential property is vacant or under-utilised, the building industry keeps building more – thereby adding to the glut. They call this progress and a significant contribution to the economy. Alternattiva Demokratika – the Green Party and the environment lobby in Malta has been vociferous about this over-development of the Maltese Islands. This state of affairs has been worsening, with neither the Labour Party nor the Nationalist Party giving a fig about the consequences.

Instead of addressing the issue, the PN government increased the size of the development zone through the addition of the so-called “rationalisation” exercise. On the other hand, the Labour Party has, during the past four years, encouraged more development.

Last March I had the opportunity to represent a number of Mosta residents in opposing the scheming of a large tract of land at Tad-Durumblat, Mosta. This concerned 38,600 square metres of land which formed part of the rationalisation exercise piloted in 2006 by a PN-led government. Mosta has a sizable vacant and under-utilised residential area consisting of 19.4 per cent of the housing stock as in November 2011. The Executive Council of the Planning Authority accepted my arguments and rejected the relative planning control application, thereby saving – at least temporarily – this large tract of land from the greedy forces of development.

Faced with this situation, AD considers that the number of vacant properties in any locality should be an important criterion in determining whether development applications for larger areas are approved or not. This should also apply to the large tracts of land forming part of the rationalisation exercise, in respect of which the determination of the applicable scheme should not be decided if the number of vacant properties is substantial.

It is about time that this situation is addressed and for this purpose, AD’s election manifesto is making this specific proposal: in those localities where the number of vacant properties is substantial, large-scale residential projects will not be permitted.

This would be a good first step in addressing Malta’s ghost towns, ensuring that their enlargement is restrained and thereby applying a significant brake to over-development in the Maltese Islands.

 published in The Malta Independent on Sunday, 14 May 2017

 

Region No. per cent
Southern Harbour 29,107 75.9
Northern Harbour 46,181 72.9
South Eastern 22,279 71.6
Western 19,584 79.5
Northern 23,989 58.1
Gozo and Comino 11,630 46.4

Table 1: Occupied property by Region 

 

Region No. per cent
Southern Harbour 1,113   3
Northern Harbour 6,650 10.5
South Eastern 3,294 10.6
Western 6,33  2.6
Northern 10,692 25.9
Gozo and Comino 7,444 29.7

Table 2: Property used seasonally or for secondary use by Region

 

Region No. per cent
Southern Harbour 8,126 21.2
Northern Harbour 10,556 16.7
South Eastern 5,552 17.8
Western 4,420 17.9
Northern 6,582 16.0
Gozo and Comino 5,996 23.9

 Table 3: Vacant Property by Region

Bezzina’s almond grove

 site-notice-affixed

Planning application PA7854/16 submitted to the Planning Authority by Toni Bezzina PN spokesman on Agriculture, was downright misleading. This was underlined by environmental NGO  Din l-Art Ħelwa in its objection to the application it submitted on 31 January.

Bezzina’s development proposal emphasised that it was a “rehabilitation and restoration of almond grove”. However, on examining the submitted drawings it is immediately apparent that  the proposal actually includes the construction of a basement garage as well as a three-bedroomed villa with swimming pool.

In a normal scenario I believe that the Planning Authority decision-making process would have ultimately resulted in a rejection of such an application. I would not, however, have been surprised if it had been approved, as consistency in the interpretation of planning rules is still an ever-present issue.

The public outcry, however, has pre-empted all this and justifiably focused on the fact that Bezzina co-authored the recently launched PN environmental policy document entitled A Better Quality of Life for You. In that document Bezzina and others, on behalf of the PN, emphasised that development outside the development zone was to be an exceptional step that should only be permitted by Parliament and subject to approval by a qualified majority.

It was reasonably expected that Bezzina, as co-author of the policy document, should have been the first one to honour the commitment made. However he completely ignored it.

To make matters worse he was defended by the Leader of the Opposition who, after ensuring that Bezzina had taken steps to withdraw the application, did his best to minimise the inconsistency.

Unfortunately, this matter brings to the fore a very important consideration as to whether the policy documents issued  by the Nationalist Party have an significance at all. The very fact that PN spokesmen such as Bezzina ignore such documents gives credence to the point made that this was, after all, another PN green-washing exercise to which we have become accustomed in recent years. It is just more of the same.

After examining Bezzina’s application, the Environment and Resources Authority  had this to say:  “The substantial increase in the structure’s footprint and additional land take-up from other commitments, including the enlargement of the entrance, formation of a hard-surfaced access path, the creation of a turning circle, etc. will result in the formalisation of the entire site. Such development is not typical of a rural landscape such as the one in question and thus the proposal is considered to be unfit for the context especially when noting that the site is scheduled as an Area of High Landscape Value (AHLV).”

This is the level of commitment to environmental protection of one of the co-authors of the PN’s environmental policy. You can easily understand the commitment of the rest!

While the publication by the Nationalist Party of its policy document was a positive step,  proof of its commitment is yet to come, if it ever does!

published in The Malta Independent on Sunday – 19th February 2017

Marsa: a planning mess

turkish-cemetry-marsa-malta2

The Chamber of Architects has taken the Planning Authority to task on the piecemeal local plan reviews that it has been churning out, one at a time. The latest tirade was with reference to a partial review of The Grand Harbour Local Plan (originally published in 2002) specifically with respect to a Marsa Park Site.

We have just concluded a public discussion on a Masterplan for Paceville, which was shredded by public opinion and sent back to the drawing board.

Earlier, we had the Planning Authority itself contesting whether Local Councils, NGOs and the Environment and Resources Authority  had a right to contest the decision to permit high-rises in Townsquare Sliema and in Imrieħel.

To make matters worse, instead of consolidating the environmental regulatory functions of the state, this government has opted to deliberately fragment them, thereby ensuring their reduced effectiveness by design.  In a small country such as Malta, it pays to have one consolidated authority  directed by environment professionals through whom land use planning responsibilities should be accountable.

Land use planning needs to be more focused but holistic in nature. The Chamber of Architects aptly makes the point that focusing the efforts of the partial review of the Grand Harbour Local Plan specifically on “a Marsa Business Park” without considering this within the context  of a much needed regeneration of Marsa would be a futile exercise. The decay of Marsa as an urban centre needs to be addressed at the earliest opportunity and this will not be done through piecemeal local plan reviews but through comprehensive planning “which ought to include community needs, road transport re-alignment, environment improvement and flooding mitigation measures”.

These are the basic issues which should be addressed by a local plan review concerning Marsa. Tackling major infrastructural and social problems facing the Marsa community should take precedence over any proposal for the redevelopment of the Marsa Park site. It is the whole of Marsa that should be addressed and not just one tiny corner.

The partial local plan review is ignoring the local community, just like its cousin the Paceville Masterplan did some months ago. Many years ago we learned that “planning is for people”. This seems to be no longer the case as, according to the Planning Authority, planning is apparently for business hubs, high-rises and, obviously, for developers. They seem to be very well connected, thereby ensuring that they occupy the first items of this government’s land use planning agenda.

Marsa has been forgotten over the years. With the closure of the Marsa power station now is the appropriate time to consider the various accumulated impacts on the Marsa community in order that an integrated approach to addressing them is identified. Planning is for people. That means that the Marsa community should be actively involved when these plans are being formulated, including at the drawing board stage. Land use planners should stimulate the Marsa community to speak up and involve itself in drawing up a blue print for its future.

The regeneration of Marsa is an urgent matter which should not be left unattended.

published in The Malta Independent on Sunday : 15 January 2017

Paceville: protecting the underdogs

paceville-mp-land-use

As the short time allotted for public consultation on the proposed first draft of the Paceville Masterplan approaches its conclusion, it is time for some commonsense to prevail at the Planning Authority.

On TV, last Thursday, we heard the Authority’s Executive Chairman Johann Buttigieg plotting the first steps of a U-turn on a number of contentious issues contained in the draft. This U-turn is welcome, as it is clearly being planned on the basis of the reactions of the public and the environmental NGOs to the proposed Paceville Masterplan.

The most serious point at issue is the extent to which the nine projects around which the Masterplan is woven will engulf properties belonging to residents and small scale business people. It will hopefully now be clear, once and for all, that no one will be coerced through threats of compulsory purchase (veiled or otherwise) to make way for any one of the nine projects.

Mr Buttigieg declared that “no-one would be forced to sell”. While this declaration is welcome, it is certainly not sufficient. Everyone is aware that there are many ways through which pressure may be brought to bear on residents and business people. It is certainly time for all stakeholders to be vigilant and present a common front.  Being constantly on the look-out may help  identify those triggering incidents such as that of the car which was recently set ablaze in St George’s Park at Paceville at the same time as residents were meeting elsewhere to discuss their reactions to the proposed Paceville Masterplan.

The Planning Authority should be proactive. It should be at the forefront when it comes to taking initiatives that make sense. A case in point is the need to implement the public domain legislation recently enacted by Parliament  in order to better protect both the coastline and the foreshore to a minimum distance of fifteen metres from the shoreline.

It is well known that there is just one stretch of coastline within the draft Paceville Masterplan boundaries that is not intensively developed: the Cresta Quay site, also referred to as the Villa Rosa site 3. This site is crying out for protection and it can be protected, yet the draft masterplan – ignoring public domain legislation  – earmarks this site for a number of high rise blocks.

This proposal, in addition to reducing the recently approved public domain legislation to hot air, runs counter to the draft masterplan philosophy of siting high-rise developments away from the coast. It seems that someone may have been pressured into having second thoughts when the Masterplan was being drafted. There is no other reasonable explanation for this contradiction.

The public consultation has revealed that the drafting of the Paceville Masterplan was flawed, as it ignored issues of fundamental importance.  However, there is till time for the Planning Authority to align the Masterplan to the expectations of stakeholders. The belated declaration by Johann Buttigieg that (after all) he too has reservations on some aspects of the Masterplan is a step in the right direction. Hopefully, this will be reflected in an overhaul of the draft and in the production of a new one which respects the stakeholders who have invested in Paceville over the years.

The investors promoting the nine projects which the Planning Authority identified may contribute to the regeneration of Paceville only if they tread carefully in full respect of residents and small-scale business people who have shaped the present-day Paceville, warts and all.

So far, this has not happened, as some of the developers think that they have some God-given right to ride roughshod over one and all. Unfortunately, the Planning Authority has generally obliged, as it has rarely been on the side of the those bearing the brunt of the bulldozer culture that has to date reigned supreme in land-use planning issues.

We await the second draft of the Paceville Masterplan, in the hope that the Planning Authority will turn a new page and assume its rightful place in protecting the underdogs.     

published in The Malta Independent on Sunday: 20 November 2016

Townsquare: qed jgħadduk biż-żmien?

Townsquare.Fawlty Tower 

Il-bieraħ kont preżenti għall-ewwel seduta tal-appell mid-deċiżjoni tat-torri ta’ Townsquare.

Ir-rappreżentant legali tal-Awtoritá tal-Ippjanar nixxef lil kulħadd meta talab lill-membri tat-Tribunal ta’ Reviżjoni għall-Ambjent  l-Ippjanar [dak li sa ftit ilu kien il-Bord tal-Appell] biex jikkunsidraw li l-Kunsill Lokali ta’ tas-Sliema, l-għaqdiet ambjentali u l-Awtoritá tal-Ambjent ma kellhomx dritt li jippreżentaw  dan l-appell.

Tafu għaliex?

Għax kull wieħed minnhom kellu rappreżentant fil-Bord tal-Awtoritá tal-Ippjanar meta din ħadet id-deċiżjoni dwar it-torri ta’ Townsquare.

Uħud minnkom forsi tiftakru kemm kien hemm min ftaħar li s-separazzjoni tal-Ippjanar mill-Ambjent kien ser iwassal għal iżjed attenzjoni u fuq kollox li l-Awtoritá tal-Ambjent kien ser ikollha id-dritt mhux biss li tipparteċipa fil-Bord imma li fuq kollox kien ser ikollha d-dritt li tappella mid-deċiżjonijiet tal-Ippjanar biex tħares l-ambjent aħjar.

L-Avukat Robert Abela jidher li għandu ideat differenti minn dawk li ħabbru diversi Ministri fil-Parlament.

Inkella, dawn l-istess Ministri ppruvaw jgħadduk biż-żmien!

Moving away from Ali Baba politics

 

pile-of-gold-coins

Way back in 2008 during the general election, Alternattiva Demokratika – The Green Party in Malta had put the issue of a possible parliamentary coalition on the national political agenda.

The PN, then, did its best to try and ridicule the proposal as it preferred to go it alone. At the end of the day, the PN just managed to scrape through the general election by the minimum of margins (1580 votes) on a national level. Eventually, however, it had to pay the consequences, as it ended up as a political hostage of a couple of unprincipled mavericks.

Simon Busuttil is trying not to repeat his predecessor’s mistake. He has called for the formation of a coalition against corruption, hoping that until the forthcoming general election, such a coalition will coalesce around the PN. This is similar to the strategy adopted by Joseph Muscat who transformed the Labour Party into what he described as a “movement”. In practice, however, Muscat’s endeavours have only transformed his Labour Party into a modern day version of Ali Baba and the Forty Thieves!

To date, both the PN and the Labour Party have acted in such a way that the only coalition that made sense to them was the one within their own parties as both of them have over the years developed into grand coalitions, at times, championing diametrically opposed causes simultaneously.

However, coalitions are forged quite differently, at least those coalitions that are intended to contribute positively to the local political kaleidoscope.

The first foundation on which coalitions are built is reciprocal respect. Without reciprocal respect, those forming part of a coalition end up clowning around, trying to impress those around them with their buffoonery.

A second essential prerequisite for a coalition is an agreed political programme which clearly communicates the agreed common objectives of the coalition members. It would obviously be expected that members of such a coalition act in accordance to such an agreed political programme. Supporting environmental protection as an essential element of a programme to better everyone’s quality of life would undoubtedly feature in such an agreed political programme to which Alternattiva Demokratika could adhere. This would also be in line with the PN’s recent “conversion” in support of environmental activism.

It is not however clear how these newly discovered credentials of the PN are manifested by going around patting the management of Palumbo Shipyards and Malta Freeport Terminals on the back, congratulating them on their achievements which have inconvenienced their neighbours in the surrounding localities. This was recently done by the Leader of the Opposition Simon Busuttil during his visits to the Għajn Dwieli yard and the Kalafrana Terminal.

Consistency by the coalition members is not only desirable, it is an essential prerequisite for a coalition intended to last!

A coalition is not formed just to win an election. On the contrary, it seeks to win an election in order to be in a position to implement an agreed electoral programme. Winning an election is a means to an end and not an end in itself. It is for this reason that coalitions seek to bring together people and political parties who share a sufficient number of ideals on the basis of which they can construct a common electoral platform. Otherwise, what purpose would be served if those forming part of a coalition are not at ease with the new political environment which they seek to create?

For this specific reason, coalitions must be based on sound political principles. Having a coalition or a political party based on anything else is a recipe for the creation of an additional Ali Baba den, of which the present one is more than enough.

A solution to the current ethical crisis, which Malta’s political infrastructure is faced with, will not be delivered by a Parliament which is composed of only two political parties. This ethical crisis can only be overcome if more than two political parties make it to Parliament and if the winner-takes-all mentality and behaviour is consigned to the dustbin of history once and for all . This is both essential and possible without any changes to Malta’s electoral legislation and still allows for like-minded political parties to form a coalition.

It is important that those who have discarded good governance are set aside by the electorate in the forthcoming general election. It is however equally important that the machinery of government is never again entrusted into the hands of one single political party. In Malta’s particular circumstances only this can guarantee that good governance is placed on solid foundations.

published on The Malta Independent on Sunday : 2nd October 2016

Comino: beyond sun-block and deckchairs

comino-mp-op-objective

During the past weeks, the island of Comino has been in the news. The controversy surrounding the deckchair/umbrella hawkers free-for-all at the Blue Lagoon focused on overcharging, breaching of permit conditions and the resulting lack of space for the public making use of public facilities at the beach.

Fines were imposed by the Malta Tourism Authority. This is fine (pun intended) in the short term. However, we need to plan for the long term, keeping in mind  that the island of Comino, is first and foremost a Natura 2000 site and a touristic destination second. Sites forming part of the Natura 2000 network are designated as Special Areas of Conservation (SAC) and Special Protection Areas (SPA) according to the Habitats and Birds Directives of the European Union, where habitats and species are listed. The Directives are designated to provide protection to the most vulnerable of the species listed.

It has been stated that every day, at the peak of the summer season, as many as 5,000 visitors land on Comino, most of whom remain in the Blue Lagoon and its environs .

The Natura 2000 Management Plan for Comino published recently, considers that tourism at the Blue Lagoon needs to be controlled efficiently in order to ensure that it is “in harmony with the site’s conservation needs”. One of the measures which the Comino Management Plan establishes as an operational objective is “to plan and implement a tourism carrying capacity assessment of the Blue Lagoon”.

The Management Plan believes that the tourism carrying capacity assessment should be carried out within the first year of the plan’s implementation, which means pretty soon! The issue is of fundamental importance in ensuring that the activity permitted on the island of Comino is compatible with its ecological requirements.

It is not known whether this carrying capacity assessment has been carried out yet. If not it should be done at the earliest.

This is not the first time that Maltese authorities have been asked to consider a proposal to study the possibility of limiting access to a specific site for protection purposes. Around 12 years ago, after rehabilitation work carried out at the Hypogeum in Ħal-Salfieni was concluded, it was decided that there was an urgent need to control its microclimate in order to better protect this archeological jewel so a maximum limit of 80 visitors per day was established.

Various other countries place limits on tourism in order to better control its environmental impacts. There are various examples, but permit me to point to the Brazilian archipelago of Fernando de Noronha, 545 kilometres off the coastal city of Recife. The archipelago is a UNESCO World Heritage site and the number of visitors is restricted in order  to adequately protect its environmental patrimony. The environmental protection rules of the Brazilian archipelago of Fernando de Noronha go into such detail as to even forbid the use of sunprotection lotions/creams or even the use of footwear on the beach, as well as curtailing various other activities incompatible with the archipelago’s ecological characteristics!

It is a path we should consider following for Comino, if we are serious about protecting the little that we still have.

It is welcome news earlier this week as three of Malta’s environmental NGOs, Din l-Art Ħelwa, Friends of the Earth and Nature Trust, have endorsed the proposal for carrying out the capacity assessment of the Blue Lagoon at Comino. Comino deserves our protection. Implementing the Natura 2000 Management Plan for Comino would be a suitable first step.

And the sooner, the better.

published in The Malta Independent on Sunday: 11 September 2016

Kemmuna: mhux dwar l-umbrelel

comino

 

Matul il-ġimgħat li għaddew diversi paġni tal-gazzetti imtlew b’aħbarijiet minn Kemmuna: il-battalja bejn dawk li jikru l-umbrelel.

Issa l-għaqdiet ambjentali ħarġu bi proposta dwar il-kontrolli rejali li hemm bżonn isiru fuq Kemmuna: kemm għandhom jirfsu l-art persuni? X’inhu dak in-numru li  jkun aħjar li ma jinqabiżx?

In-numru jrid ikun stabilit bi ħsieb. Imma jeħtieġ li jkun stabilit.

L-idea tal-għaqdiet ambjentali (Nature Trust, Din l-Art Ħelwa u Friends of the Earth) m’hiex oriġinali għax diġa tqegħdet fil-prattika f’diversi postijiet oħra mhux biss fil-postijiet li ġew indikati fil-gazzetti (Blue Lagoon fl-Iżlanda u fir-reġjun pittoresk Taljan Cinque Terre).

Il-Bhutan (pajjiż fil-Lvant imbiegħed) jikkontrolla n-numru ta’ turisti li jidħlu fil-pajjiż għax hu kinxju li numru esagerati ta’ turisti jistgħu jagħmlu ħsara mhux żgħira. Hemm ukoll il-ġzira turistika Latino Amerikana ta’ Fernando de Noronha (parti mit-territorju Brażiljan) li kienet tillimita n-numru massimu ta’ turisti li jistgħu joqgħodu fuq il-gżira għal 420, u kull wieħed minn dawn kellu jħallas taxxa ambjentali li tiżdied iktar ma jdum!

F’Malta ukoll xi żmien ilu kienu ġew introdotti kontrolli fuq in-numru ta’ turisti li f’ħin wieħed jistgħu jidħlu fl-Ipoġew ta’ Ħal-Saflieni kif ukoll in-numru massimu li setgħu jidħlu matul il-ġurnata. Dan kien sar għax kien ġie stabilit li biex dan is-sit arkejolġiku jkun protett aħjar kellhom ikun hemm kontrolli tal-mikro-klima. Dan fil-fatt sar billi kien ġie identifikat in-numru massimu ta’ 80 persuna li setgħu jidħlu f’ġurnata fl-Ipoġew.

L-istess jista’ jsir dwar il-gżira ta’ Kemmuna. Tista’ tiġi protetta billi jkunu limitati n-numri ta’ persuni li jistgħu jinżlu l-art. Dan ikun pass tajjeb li jagħmel il-ġid, lill-Kemmuna, naturalment mhux lil dawk li jikru l-umbrellel!

A stinking amnesty

It smells

 

The planning amnesty which Parliamentary Secretary Deborah Schembri launched last week to regularise development illegalities that cannot be addressed through a proper application of planning policies is a throwback to the Stone Age of land use planning in Malta.

While land use planning in Malta has been and  always will be the most controversial of activities of public bodies, it has to be stated that, since 1992, the Planning Authority (warts and all) has developed into the most transparent government authority. It could be much more transparent but no one in his right senses doubts that, to date, it still surpasses all the other government departments and authorities in issues of transparency.

Applications for the issuance of a development permit are publicised through a site notice and on the Planning Authority website, as well as in the Malta Government Gazette. On the Planning Authority website one can also examine the exact proposal, as all the drawings submitted can be viewed online. On the basis of this available  information, it is possible to submit to the Planning Authority observations about – and objections to – the development proposal , which observations and objections have to be addressed when the final report on the particular application is drawn up recommending approval or refusal of the development proposal.

To date there is one exception, commonly referred to as the DNO  (Development Notification Order) application which is a fast-track application process. Generally, this type of application is non-controversial and involves minor or straightforward applications. However, recently the Planning Authority considered that it was advisable to reduce the number of cases to which the DNO process applies, thereby widening the number of proposals for development which are subject to public consultation.

Legal Notice 285 of 2016, published under the authority of Parliamentary Secretary Deborah Schembri, stands in stark contrast to all this and stinks. Entitled Regularisation of Existing Development Regulations 2016, these regulations establish the procedures to be followed in order to regularise existing development illegalities. We have to thank Dr Schembri for small mercies, as she excluded illegal ODZ developments from the regularisation process. However, she did not consider it appropriate to similarly exclude illegal developments in UCAs (Urban Conservation Areas) or illegalities concerning scheduled or protected properties.

Nor is there a distinction between minor illegalities and major illegalities. Had the proposed regularisation process sought to sanction minor illegalities, matters would have been substantially different and most probably the proposal would have been acceptable. This would be so even though most of the minor illegalities would most probably not require an amnesty. Most can easily be dealt with within the parameters of existing policies and regulations. These cases of minor illegalities are, in fact, the perfect camouflage for the major illegalities.

To ensure that this camouflage works as planned, Legal Notice 285 of 2016 makes short shrift of the transparency process by ensuring that it is not applicable to applications for the regularisation of illegal developments. The legal notice, in its regulation 5, emphasises only one exception, which is those cases where an illegal development was subject to an enforcement order. In such cases where an enforcement order would have been issued “following the submission of a formal complaint by third parties” the said third parties will be informed that an application has been submitted for the regularisation of the illegalities and they will be given the opportunity to be considered “interested parties”.

In all other cases, contrary to the provisions of the Development Planning Act of 2016, no one has the right to be considered an interested party. This can be stated with certainty as being a specific objective in view of the fact the regulation 3 of Legal Notice clearly spells out its objectives, which are: “to lay down procedures by which any person may request the regularisation of an existing irregular development.”

The legal notice makes no provision either for access to information about the proposals submitted or on the timeframe for submissions of observations and/or objections by interested third parties other than by the solitary exception referred to previously.

This is the state of affairs which led four environmental NGOs – Flimkien għal Ambjent Aħjar, Din l-Art Ħelwa, Friends of the Earth (Malta) and Ramblers Association – to submit in Court a judicial protest in which they insisted that the government cannot ignore the transparency provisions of the Development Planning Act 2016 when considering whether to regularise illegal development. These applications have to be publicised and the public has a right to scrutinise them as well as submit comments and objections when they consider these to be appropriate.

There is only one simple question to ask: why this stink?

published in The Malta Independent on Sunday – 4 September 2016