The Planning Authority and its “principles”

Searching through the Strategic Plan for Environment and Development (SPED), the term “principle” is not found in any shape or form. We are slightly luckier if we conduct a similar search in the Development Planning Act (DPA) of 2016: there are three references to principles – guiding principles – which should be observed by the Maltese state in promoting a “comprehensive, sustainable, land use planning system”.

These guiding principles are briefly explained in article 3 of the 2016 DPA. Their objective is to enhance the quality of life for the benefit of present and future generations and is qualified by the standard Brundtland quote from her UN report Our Common Future: ” ………without compromising the ability of future generations to meet their own needs.” That means that sustainability is included in the actual wording of the 2016 DPA. Actually, as we are all aware, this is lip-service in its worst form, because in real life we know full well that Malta’s Planning Authority does not seek the benefit of either the present or future generations.

Article 3 of the 2016 DPA lists various measures which need to be taken. They are specific and range from the need “to preserve, use and develop land and sea for this and future generations”, to ensuring that “planning policies are unambiguous”. Then Article 4 of the 2016 DPA states that we cannot go to a Court of Law to directly enforce the principles announced in the previous article, but, it is underlined that these principles are of a fundamental nature and have to be employed in the interpretation of planning law and policies.

This begs the question as to what extent the Planning Authority, as government’s land use planning agent, observes these basic principles and, in particular, whether the various planning policies in use are actually meant to enhance the quality of life of present and future generations.

There have been various political declarations that land use planning should be more friendly to developers, obviously assisting them to “make hay while the sun shines”. The developers, we are repeatedly told, need to be assured of reasonable expectations, as, poor fellows, they have to earn a living – even if this is at the expense of our quality of life.

As an example, may I ask to what extent is, for example, the Fuel Service Station Policy compatible with the basic principles that the Planning Authority is obliged to apply? In recent weeks I have written extensively about the matter because, to me, it is crystal clear that this Policy is not in any way compatible with the Planning Authority’s basic principles. In neither its present form, nor in the slightly diluted format proposed by the Environment and Resources Authority, does the Fuel Service Stations Policy respect the basic principles enshrined in the 2016 DPA.

The government knows this because, as far back as last September, it announced that “shortly” a public consultation exercise would commence on the manner of implementing a policy to ban cars having an internal combustion engine from being used on our roads.

After almost eight months, this “shortly” to be announced public consultation has still not commenced. The announcement that the public consultation would be announced “shortly” was not made by a new Minister, enthusiastic and overwhelmed by a difficult portfolio; it was made by Prime Minister Joseph Muscat in one of his Sunday sermons – the one delivered at the Rialto Bormla on 10 September 2017.

If we will not have cars on our roads running on petrol or diesel “shortly” why does the Planning Authority consider it necessary to permit more fuel service stations? It is certainly not in the interest of future generations.

The Planning Authority is entrusted to defend the interests of future generations. In my opinion it has failed in observing its brief as it has lost sight of its basic principles.

Published on the Malta Independent on Sunday : 22 April 2018

Townsquare high-rise: an internal development

 

The public hearing by the Planning Authority prior to a decision regarding the issuing of the development permit for the Townsquare high-rise project was held on Thursday. The discussion was essentially channelled towards applying existing planning policy and explaining the conclusions of studies mostly carried out some eight years ago. However, as I submitted during this hearing, the proposal for the Townsquare high-rise project infringes existing planning policy.

It is known that the Floor Area Ratio Policy establishes that for a site to be considered for the development of tall buildings it needs to be surrounded by streets on four sides. In fact the expression “completely detached urban block” is used (paragraph 5.3) in the document  entitled A Planning Policy Guide on the Use and the Applicability of the Floor Area Ratio (FAR).

It is clear that, when drawing up the Development Permit Application Report, the Planning Authority case officer adopted a very wide interpretation of the term “road” without realising that the context required a strict literal interpretation.  A  member of the Planning Authority even considered it appropriate to reply to my submissions by reading out to me the definition of the term “road” as contained in section 2 of the 2016 Development Planning Act.  I was informed – in open session – by this over-enthusiastic member of the Planning Authority that the term “road” means “any road, whether public or private, and includes any street, square, court, alley, lane, bridge, footway, passage or quay, whether thoroughfare or not”.

This bright spark is probably unaware that this definition is preceded by the words “unless the context otherwise requires”. This necessarily leads to the consideration as to what is meant by a  “detached urban block” and,  in particular, whether the creation of footpaths large or small on the Townsquare site itself serves to create such “a detached urban block”.

Various doubts were expressed at the voting stage by 6 out of the 13 members of the Planning Authority present for Thursday’s sitting, leading them to vote against the approval of the development of the Townsquare project, even though the Executive Chairman considered that he had to declare in open session that the proposal (in his opinion) did not in any way infringe the Floor Area Ratio policy. Unfortunately, however, no substantial discussion took place on whether the requirement of having “a detached urban block” as the site for the proposed high-rise was being observed.

The open space around the Townsquare high-rise is a result of the 50 per cent maximum site coverage determined by the Floor Area Ratio Policy. It is an integral part of the project and consequently does not serve to detach the project from the surrounding urban blocks. In fact, this open space borders the backyards of the bordering residential properties on all sides.

The proposed development at Townsquare can be said to have an elevation on only one street, Qui- Si-Sana Seafront, due to the development of the first part of the Townsquare project some years ago. It is shielded by other third party buildings on Hughes Hallet Street, Tignè Street and Tower Road.

Access to the proposed development will be through Qui-Si-Sana Lane, Tignè Street (next to the Union Club) and a small opening between third party property onto Hughes Hallet Street in addition to the reserved point of access on Qui-Si-Sana Seafront. There is no way that this can be construed as being “a detached urban block” but rather as an internal development primarily contained by third party development.

This is just one of many reasons on the basis of which the request of a development permit for the Townsquare high-rise should have been refused by the Planning Authority. Together with various other reasons, this can be a suitable basis for contesting the decision through the submission of an appeal to overturn it.