Unbridled Development: on whose side is the state?

After years of supporting unbridled development the Labour Party in government is trying to signal that, after all, it is on the side of the vulnerable, those who are continuously trampled by developers. Nothing could be further from the truth.

As a result of the Sofia inquiry report, the BCA (Building and Construction Authority), on government’s instructions, issued a call for architects (and lawyers) to offer their services to assist those third parties impacted by development.

The current initiative is a positive step forward but, in my opinion, it is insufficient as it subjects the available assistance to instructions from the BCA. It is the BCA which decides whether and to what extent professional assistance is required.

A 13-page document was issued by the BCA on March 9, entitled “Expression of Interest. Invitation for the Provision of Periti to provide professional assistance to third parties”.

The service to be provided and paid for by BCA shall presumably cover advice relative to a description of the development, as well as the method statements submitted by the developer’s advisors. It will also cover inspections and the required estimates in the eventuality of damage sustained as a result of the development under consideration.

It is however not clear whether taking the BCA itself to task is covered by the said expression of interest. I am saying this because the professional service to be provided is subject to “the specific administrative instructions of the authority” as per paragraph 1.4 of the BCA expression of interest document.  This signifies that the BCA itself must authorize, for example, the seeking of advice to contest the way in which the BCA itself operates as well as to how it decides on specific cases.

This is just one aspect of the problems to be faced. The issues that should have been addressed are much wider and deeper than what is being acknowledged by the conditions of the expression of interest document.

Consider, for example, ground floor properties forming part of a two-storey development originally approved many years ago. When the existing development at first floor (and the overlying airspace) is purchased by developers with the intent to redevelop as a block of flats, it is hell for the ground floor residents. All sorts of pressures are resorted to in order to ensure that, as far as possible, residents acquiesce and shut up.

In such cases the ground/foundation condition reports being submitted leave much to be desired. It is logical that residents in ground-floor properties are reluctant to have their properties subjected to tests and sample boreholes in order that the prevalent geological conditions are identified. In the absence of this information, developers and their advisors are taking short cuts and making several. at times, incorrect assumptions as to the prevalent geological conditions on site. This is being done in order to give a clean bill of health to the proposed development.

Faced with such a situation some succumb to pressure from developers and consider moving out of their homes as a result, providing the desired carte blanche for the developers.

Is this fair? Yet this is what will eventually happen in a number of cases. In fact, it is already happening.

This is not a matter which can be adequately dealt with by the BCA after the development permit has been issued by the Planning Authority. It must be dealt with before the planning application is even submitted. Only then can one safely say that the legislator and the relative authorities are on the side of the downtrodden.

In simple words, it is much better to avoid the creation of a mess then having to deal with the not so pleasant consequences. This is how the vulnerable can be served.

Published in Times of Malta: Sunday 17 March 2024

Il-Kamra tal-Periti tibla’ l-lixka ta’ Michael Stivala

Ma nafx jekk hux tad-daħq inkella tal-biki.

L-Kamra tal-Periti iffirmat ftehim mal-assoċjazzjoni tal-iżviluppaturi (MDA). Jridu jgħollu l-livelli, l-kwalità tal-industrija qed tippreokkuphom.

Bil-ftehim li għamlu, qalulna, li l-Kamra tal-Periti u l-Assoċjazzjoni tal-Iżviluppaturi flimkien ser jagħmlu sforz biex itejbu is-sitwazzjoni. Jidher li l-konsulenti ta’ Stivala qed jaħdmu bis-sahra. Mhux qed nirreferi biss għal Joseph Muscat, iżda ukoll għal dawk li huma eżiljati mill-Awtorità tal-Ippjanar u li sabu r-refuġju tagħhom fl-imperu ta’ Michael Stivala.

Din mhiex diska ġdida. Kultant idoqqulna ftit noti minnha.

Madwar ħames snin ilu, per eżempju kienu qalulna li daqshekk kwalità tat-tielet dinja fl-industrija tal-kostruzzjoni. Sfortunatament għadna hemm, f’numru ta’ każi. Dakinnhar kienu qalulna li ser ikollhom skema ta’ kwalità. Kienu tawna x’nifhmu li din il-kwalità kienet garantità mill-persuni distinti u ta’ kwalità għolja preżenti għat-tħabbira, bħal Konrad Mizzi, Ian Borg, il-Perit David Xuereb u oħrajn li xi drabi jagħtu l-impressjoni li jifhmu f’kollox. (ara r-ritratt fejn jidhru dawn il-persuni distinti)

Wara ħames snin, morna lura flok il-quddiem.

Sadanittant il-Kamra tal-Periti tibla’ l-lixka ta’ Stivala.

Dan ma tantx qed jagħmel ġid għall-kredibilità, la dik tal-professjoni u iktar dik tal-Kamra tal-Periti.

Climate change governance and political incompetence

It has been announced that an Authority on Climate Change will be set up by government. This  has apparently been approved by Cabinet, earlier this week. No further details have so far been released.

It is not at all clear whether this authority will be expected to take charge of the action required on a national level in order to mitigate the impacts of climate change, or else, whether it will take the lead in the initiatives required to adapt to climate change.

Currently available on the website of the Ministry responsible for Climate Change one can peruse a draft document dated September 2023 and entitled Draft Energy and Climate Plan 2021-2030. As far as I am aware this document is still a draft. A definite version has apparently not been published yet notwithstanding that it should have been in effect 3 years ago! This draft document lays down national objectives relative to energy policy within the context of the climate change debate.

There is no Climate Change Adaptation Strategy available on the Ministry’s website. Some years ago (May 2012) a National Climate Change Adaptation Strategy was adopted and published, but apparently this has not been updated. It could, most probably, have been discarded; however, no information is available on the matter. Perusing my copy of the said strategy, I recollect that it was a reasonable first effort and was supplemented by an extensive 164-page report drawn up by the then Climate Change Committee for Adaptation. These documents were drawn up after extensive public consultation.

While energy issues are foremost in any Climate Change Adaptation Strategy, we need to go in considerable detail on other equally important aspects, such as the impacts of climate change on agriculture, water resources, health, civil protection, land use planning, tourism, coastal settlements, protection of the coastal infrastructure as well as biodiversity and the marine environment.

The debate on water resources has been ongoing and various policy initiatives have addressed the matter over the years. I am not sure as to what has been done by the Agriculture Ministry or the Health Ministry, but at the end of the day it is those same Ministries which need to initiate, implement and monitor the required action in their areas of responsibility.

Similarly, the Tourism Ministry seems clueless on climate change impacts on the industry. I have yet to come across a serious assessment of climate change on tourism in the Maltese islands and in particular on the potential havoc which tourism infrastructure will have to face as a result of an inevitable sea level rise.

What about inbuilding climate change considerations in land use planning policy and design guidelines? The 15-minute city initiative in Paris and elsewhere specifically addresses climate change in an urban policy context. Yet the Planning Authority in Malta is not bothered at all.

On the other hand, we need to realise that there have been various valid proposals over the years which have been discarded by government. One specific example which comes to mind is the proposal in the National Transport Master Plan which has pointed out the need to embark on private vehicle restraint.

The fact that to date we have an out-of-date Climate Change Adaptation Strategy and no effective coordination at Ministerial level on climate change impacts across all areas, signifies a failure of the Climate Change Ministry to implement its basic political brief over the years.

This is where the proposed Climate Change Authority comes in. It will most probably be considered essential to fill the coordination gap created by incompetence at the political level over the years.

The Ministry responsible for Climate Change specifically exists to coordinate, across government, issues of climate change through the various Ministries. This coordination has, unfortunately, over the years been inexistent. Hence the proposed solution to setup an authority to fill in the gap.

Climate change governance, over the years, has been characterised by political incompetence. The creation of an authority will just serve to shift the blame.

published in The Malta Independent on Sunday: 14 January 2024

An alternative to supermarkets?

Supermarkets are self-service shops offering a wide variety of food and beverages as well as household goods. Having a substantial amount of floor space, they are usually close to residential areas and seek to attract custom through a broad selection of products, competitive pricing and convenient shopping hours.

When located in urban areas, they compete for space with the local community. The impacts of their operations within localities, is not what one would wish for close to one’s home. Both in the case of supplies delivered as well as a result of the customer traffic generated.

Identifying sites outside the development zone for supermarkets creates other problems. Foremost among them is that we cannot keep losing agricultural land and other ODZ land to development of any type.

As an issue of land use planning, it has not been addressed by the Planning Authority over the years.  It is a responsibility which the Planning Authority has abdicated and left to market forces to decide.  Surprisingly Local Councils have not spoken up about the matter, notwithstanding the substantial impacts which localities have to shoulder as a result.

Each supermarket has a substantial catchment area. Most users of supermarkets travel by private car to do their shopping when it most suits them. In an age when most of us are more conscious of the fact that private car use is a significant contributor to Malta’s climate change impacts, we should factor this into land use planning considerations.

The issue ties in with the 15-minute city idea which is being floated around as an objective in various countries, notably by Carlos Moreno, the architect advising the Mayor of Paris, but also elsewhere. If this objective is attained it would be a significant contributor to reducing car-use and the associated impacts.

The 15-minute city idea signifies that land use planning seeks to ensure that basic needs can be addressed within a 15-minute distance from our home. Among other matters this would signify that we would be in a position to find all our basic needs in retail outlets in our towns and villages. In such circumstances the car would be (almost) redundant. The objective of having self-sufficient localities is attainable over time through developing 15-minute cities.

Some may argue that supermarkets provide goods at substantially reduced prices from that possible in small or medium sized retail outlets in our localities. This may be correct and would generally result from their economies of scale. It has however to be viewed also in the context of expenses incurred not only in car use but also in the resulting reduction to the air quality and the associated health consequences. Expenses incurred, at the end of the day, are not only those measured in euro, they are also measured in terms of the social and environmental costs incurred.

Many more supermarkets are being planned. Can we afford the costs involved? At the end of the day, is it worth it?

The problem is much wider than that resulting from the uptake of land, be it urban or rural. It also involves substantial impact on existing retail outlets of a small or medium size within our localities. The number of supermarkets mushrooming across the islands is squeezing these small and medium size outlets out of the market. They cannot compete in terms of price and within a short time few of them will still be around unless they can group together. If they opt out of the market, our localities, will, as a result be much worse off.

This indicates a possible solution to the problem. The small and medium sized retail outlets in our localities should get together and organise themselves properly within a co-operative framework where they can pool resources. As a result, they would be able to offer products for sale at competitive prices. They can build up an economy of scale which could withstand the onslaught they are currently being subjected to. As a result, they can remain open for custom in our localities, contributing to their self-sufficiency.

We have not given sufficient weight to the cooperative model which, if properly applied in our localities, can provide a remedy to the impacts of supermarkets, possibly reducing their need.

Cooperatives based on the democratic participation of their members are a tool which can help us address the impacts of supermarkets on our localities. It is a realistic possibility which we discard at our peril.

published in The Malta Independent on Sunday: 10 December 2023

Rainwater down the drain

(file photo by author dated 4 October 2018: overflowing sewer at Archbishop Gonzi Square Kalkara)

We have just experienced the driest October in living memory. This is not a new experience. In the past few years, the climate has changed substantially. We are experiencing longer periods of drought and then suddenly we are faced with a storm and floods which wreak havoc all along their path.

After heavy rainfall most of our streets are flooded. The question which seeks a reasonable answer is: why is it that when it rains, so much water is flowing in our streets?

It has been 143 years since our laws imposed the duty to have water cisterns in our buildings.

How come that our regulatory authorities keep ignoring this blatant waste of a natural resource, provided by nature free of charge?

These same authorities which continuously speak about sustainability have proven themselves incapable of managing a natural resource. As a result, a substantial part of it goes to waste into the sea, either directly or else as a result of being filtered through the urban wastewater treatment plants, also referred to as sewage purification plants. Then, after having disposed of the purified wastewater into the sea we recover the same water through desalination plants for our use. In the process we incur substantial costs which are mostly avoidable. This is anything but sustainable!

Unfortunately, a substantial amount of rainwater incident on our roofs, in many instances, ends up in our streets or else in the public sewers instead of being collected in mandatory rainwater cisterns. In a number of cases these rainwater cisterns are either too small or else inexistent!

It is no wonder that our streets are flooded whenever it rains!

In addition, the rainwater ends up overloading our urban wastewater treatment plants which use a considerable amount of energy to produce treated water (called new water) or else to be dumped into the sea. 

Two authorities are responsible for this mess.

The main culprit is the Planning Authority (and its predecessors) which in many cases failed to identify and halt development which did not have provision for rainwater harvesting.

An additional culprit is the Water Services Corporation (WSC). Over the years, the Water Services Corporation (WSC) has taken over responsibility for the management of the public sewers from the former Drainage Department. This responsibility includes authorising the owners of newly- constructed properties to connect the drains of these properties with the public sewer. Is the WSC verifying that it is only the drains that are connected and, in particular, that rainwater pipes are not connected to the public sewer too? The obvious answer is provided by our streets on a rainy day. Clearly, no one is bothering to check what is connected to the public sewer.

Last year, government had embarked on a consultation on stormwater management. In the consultation document entitled Green Stormwater Infrastructure Guidance Manual we were informed that only 36 per cent of dwellings have a water cistern. Compliance with rainwater harvesting regulations, we were then informed, varied from 80 per cent in the case of villas to 4 per cent in the case of apartment blocks. On a geographic basic, Gozo had a 25 per cent compliance!

Millions of euros of public funds, local and EU funds, have been utilised in useless projects. The incompetent authorities have employed many to manage the resource. We have many “managers” but no results. If you seek a proof take a look at our streets during a rainwater storm. You will have all the answers you require.

Our forefathers had no authorities to monitor rainwater harvesting. They had no managers to enforce compliance! They had common sense which led them to understand nature and to use natural resources respectfully.

If we are to solve the problems that we have created over the years we need to rediscover our forefathers’ skills. Making peace with nature and appreciating its free gifts would be a good start.

published in The Malta Independent on Sunday: 26 November 2023

Reklam b’xejn?

Dan ir-reklam b’xejn deher fit-Times ta’ Londra illum.

B’dawn l-aħbarijiet xi bżonn hemm ta’ reklami mill-Awtorità tat-Turiżmu (MTA)?

L-irresponsabbiltà tal-Bord tal-Awtorità tal-Ippjanar ser tibqa’ tagħmel il-ħsara. Din id-darba kien jmiss lit-tempji tal-Ġgantija.

Anzi donnu qed iżżid id-doża.

Issa nistennew x’passi ser tieħu l-UNESCO.

The authorities do not care

The summer months were hell for Xemxija residents. They had to bear continuous excavation works at the former Mistra Village site, notwithstanding that during the summer months such works ought to have been on hold in terms of a tourism related restriction. These works are the cause of nuisance not just to tourists but more to residents in view of both excessive noise and the continuous generation of dust.

Unfortunately, the authorities do not care. Their priorities continuously prefer the building construction industry to the residential community. It is only when they are faced with a serious accident that they try to give the impression that they care. Their crocodile tears, reforms and public inquiries impress no one, nowadays.

The Planning Authority website informs us that the current development planning permit (PA 6747/18) for the Mistra Village project is valid until the 29 April 2024.

 It was approved in February 2019 and  renews a previous permit. Its validity has been contested by Xemxija residents through a planning appeal. The point at issue is that applicable land use planning policies, had, in the meantime, changed. Yet the planning authority rubberstamped a renewed development planning permit notwithstanding that it is obliged in terms of the Development Planning Act to reassess the original application if no works have been taken in hand.

The case ended up at the Court of Appeal, which, on 10 May 2023 identified this shortcoming and sent the case back to be re-examined by the Environment and Planning Review Tribunal (EPRT). In his judgement, Chief Justice Mark Chetcuti pointed out that the presentation by the developer of a commencement notice, on its own, is not sufficient proof that the site is committed. Actual proof of commitment is required. As a result, it is therefore questionable whether such an application for renewal should be exempted from being re-examined by the Planning Authority in the light of new policies.

This is the reason, as a result of which, suddenly, excavation works were taken in hand almost round-the-clock!

Perusal of the Planning Authority website reveals that the Building & Construction Authority (BCA) only authorised the commencement of excavation works in March 2023 just a few weeks before the Chief Justice delivered his verdict, and many months after the permit was actually renewed. The Planning Authority assesses applications haphazardly, continuously favouring developers and ignoring those factors which contribute to a realistic critical analysis of what is being proposed.

In addition, no one is monitoring the excessive noise and dust generated as a result of the development in hand. The noise and dust are causing neighbours in the residential area surrounding the site, unnecessary stress and distress.

All this is being done in order to build more flats and penthouses, a substantial number of which will remain vacant or underutilised, even if sold.

St Paul’s Bay, which is home to Mistra Village at Xemxija,  has 37.3 per cent of its residential units which are either vacant or else underutilised. (Mellieħa is in close second place with 36 per cent of its housing stock in the vacant/underutilised category). The 2021 Census report on residential property published recently identified 7,377 flats and penthouses in St Paul’s Bay which, on Census Day, were either vacant or underutilised. Underutilisation meaning that the property is being used as a secondary residence or for seasonal accommodation.

Where do we go from here?

Part of the current mess would have been avoided if no works commence prior to the conclusion of land use planning appeal proceedings.

The problems however run much deeper than that. The authorities generally act prejudicially in favour of development and developers. It is an almost unconscious attitude which is deeply ingrained within the DNA of the authorities. Residents are considered as a nuisance. They are generally ignored and rarely factored into policies and decisions taken.

At the end of the day, it is no wonder that development and developers run roughshod over our residential communities. They are aware that the authorities are pre-programmed in their favour.

What we need is not just a behavioural change within the institutions. Change within the institutional DNA is the urgent requirement. Maybe having the residents themselves take the decisions on the actual permissible development in their neighbourhood is what is really required. Then we will have the required change. As the authorities do not care.

published on The Malta Independent on Sunday: 1 October 2023

The island of villages is under threat

Regional development policy seeks to improve the well-being of regions. Within the European Union it is commonly referred to as the cohesion policy. Through regional policy one seeks to eliminate disparities between regions: it encourages, assists, and finances initiatives to bring this about.

A draft Gozo Regional Development Strategy was published for public consultation very recently. It identifies the basic characteristics of Gozo and seeks to present a blueprint for the future of the island.

The draft strategy makes interesting reading. It contrasts with, and, at times, it is even in conflict with current policy and practice. There is nothing wrong with this, as it denotes a willingness for change from within. Whether this will eventually translate into concrete action is still to be seen. It is however a positive first step and must be recognised as such.

The basic philosophy of the strategy is encapsulated in the term “an island of villages”, used to describe Gozo.  The smallness of the village is used in contrast to the relatively larger urban areas. The term conveys a sense of calmness resulting from being one with nature, which is easily accessible in the village. Fields surrounding the villages link them directly to nature, radiating vitality. Most importantly, nature is respected in the village. It provides us with food and basic ecological services. It is our constant partner which, if we handle with care, will never let us down.

The smallness of the village is beautiful, economist Ernst Schumacher would have emphasised. Schumacher’s work grew out of his study of village-based economics. The full title of his work is: “Small is beautiful. A study of economics as if people mattered.” Economics is not just about numbers and so-called growth. At the end of the day, it is about people. Unfortunately, people are not always taken into consideration when policies are formulated.

The “island of villages” has been under siege for quite some time. It is a victim of overdevelopment. The 2021 Census report on residential property, just published, quantifies the extent of the problem: 45 per cent of residential property in Gozo is either vacant or under-used, in view of its use for seasonal or secondary accommodation. This statistic for the Gozo Region stands out in contrast to that for other regions. At a national level 27.5 per cent of residential property is vacant or under-utilised. The numbers for the Western region, at 22.1 per cent, are practically half the Gozo statistic.

This identifies a major threat to the “island of villages”. Why build so much if the resulting development remains vacant or else is hardly used. Can we, as a country, afford to keep churning out flats which remain vacant or unutilised for a long time and destroy our agricultural land in the process? This does not contribute to a positive quality of life. The island of villages is slowly being transformed into a ghost island.

The draft strategy apparently wants to end all this and dwells at length on the need to nurture a sustainable urban environment. Speaking on a point of principle, the authors of the strategy are right. It is however essential that they move on from words to concrete targets and action.

The point of departure for this strategy of “the island of villages” is that 45 per cent of its built-up area is vacant. At Marsalforn the relative percentage is even higher: a staggering 66.8 per cent of residential units were vacant on Census Day! This is not justifiable, not even on the grounds that Marsalforn is a seaside resort.

This has not happened overnight. It has developed one block at a time. It has accelerated with the decisions taken to extend the development zone in 2006 through the rationalisation exercise. Then, as a result, one million square metres of ODZ land became suitable for development. The practical results are here for all to see. It keeps getting worse by the minute.

The “island of villages”, as a result, is developing into a ghost island. Practically half of its residential property is vacant.

The Gozo Regional Development Authority is right to emphasise all this. However, I have to point out that it has no authority to take action to remedy the situation. That rests with the “Planning Authority” which has meticulously planned and implemented this whole mess.

Where do we go from here?

As a minimum we need a moratorium on large scale development, not just in the “island of villages”, but all over the Maltese islands.  The rationalisation exercise must be scrapped the soonest. It must necessarily follow that the building construction industry must be cut down to size. It has caused too much damage to the country. The threat to the island of villages must be forcefully addressed.

published in The Malta Independent on Sunday: 24 September 2023

Vacant properties: an investment or a launderette?

The publication of the 2021 Census Report on the characteristics of existing residential property once, more focuses the spotlight on the urban sprawl and in particular on the substantial number of vacant or under-utilised dwellings available in these islands.

On the day of the Census, the existence of 297,304 dwellings was recorded. Of these 81,613 were grouped as either vacant or else as being dwellings having a seasonal or secondary use. It works out at 27.5 per cent of the housing stock which at a national level is under-utilised. This varies regionally from a 22.1 per cent low, in the Western region, to a 45 per cent high in Gozo! From a 15.5 per cent low at Santa Luċija Malta to a 66.8 per cent high at Iż-Zebbuġ Gozo, which locality includes the seaside resort of Marsalforn.

While the Marsalforn numbers are most probably, primarily, a reflection of the predominantly seasonal accommodation in the locality, the overall numbers are still a cause for concern. The situation gets progressively worse.

The total number of vacant or under-utilised dwellings, 81,613, is equivalent to 6 times the size of residential Sliema or 8 times the size of residential B’Kara or 9 times that of residential Mosta. Given the small size of the country these numbers are substantial. They indicate the strain on both the environment as well as the public purse which is resulting from over-development.  These under-utilised dwellings are served with the required infrastructural services:  roads, electricity, public sewers and water services at a substantial public expense, which could have been more beneficially used in other areas where existing dwellings are actually in use, continuously!

The reasons for existing residential property being vacant or only being used occasionally are various. One cannot generalise. The census itself, in fact, identifies around 6,000 residential units as being in a shell state on the date of the Census.

There are several issues which should be considered and acted upon. Hopefully they will not be once more ignored.

With over 80,000 vacant or under-utilised properties, what sense does it make to continue dishing out development permits for large scale developments which keep adding to the stock of vacant properties? One of the major contributors to the creation of this mess is undoubtedly the land use planning rationalisation exercise, which in 2006 added one million square metres to the development zone. These are currently being developed.

With over 80,000 vacant or partially used properties it makes no sense to have a waiting list at the Housing Authority for those seeking alternative accommodation. The Housing Authority should tap the existing housing stock, rather than add to it, in order to address its waiting list immediately. The current projects of the Housing Authority are a waste of resources when such a large number of properties are available. This is bad governance of the worst kind.

A third consideration is to tax long-term vacant properties. It does not make any environmental sense to develop land (including agricultural land) and subsequently to keep the developed property vacant. Nor does it make economic sense to invest so much without seeking to recover economic benefits in the form of rent. Those who persist in keeping their properties unused in the long term should pay a vacant property tax which would in part compensate the public exchequer for the expenditure incurred in creating the ghost towns made up of these 81,613 vacant or under-utilised properties.

Taxing long-term vacant properties could encourage their being placed on the market, to the benefit of all. As a result, they would possibly avoid the tax altogether! The tax would have achieved its purpose in encouraging the use of all existing properties. It would have achieved its purpose of causing a behavioural change. This is the objective of most environmental taxes.

There is another issue: that of money laundering through property investment. Since Malta made it to the grey list of the Financial Action Task Force (FATF) a number of years ago, some attention is being paid to the property launderette, as both Estate Agents as well as Notaries are carrying out some form of due diligence on property which is being sold. It is not unheard of for a property sale not materialising if there is doubt on the source of funds invested or being invested.  Investigating properly unexplained sources of wealth would contribute substantially not only to cleaning up the country but also in addressing the stock of vacant properties.

The use of property to launder illicit gains is not a new phenomenon. Regulatory initiatives in this respect are however still in their infancy.

The primary conclusion from this Census is a clear message to the Planning Authority to get its house in order. Why build so much to keep the resulting residential units vacant? It is a question we have been asking for years. Unfortunately, they are not bothered to answer!

published on The Malta Independent on Sunday: 10 September 2023

Land use planning: regulated by greed

Manikata is once more under threat. Almost one year ago, in these same columns I had written about the kebab man who had managed to ruin the surroundings of the small Manikata Chapel. [The kebab man and his business partner. TMIS 28 August 2022]

In order to succeed, the kebab man required the approval of the Planning Authority, which was forthcoming. The Archdiocese of Malta first objected to the development and subsequently withdrew it. The development which dwarfed the Manikata Chapel was also deemed acceptable to the Superintendence of Cultural Heritage which also withdrew its earlier objection to the development.

It was then revealed in the media that the business partner of the kebab man was the architect in charge of the development, with a 50 per cent stake in the shareholding of the company in charge of the development: Jake Developments Limited. More than twelve months down the line the authorities responsible for monitoring the professional ethical behaviour are still silent on the matter. Their silence has transformed them into accomplices.

This case in Manikata is not the only instance wherein the architect in charge of a specific development had a direct interest in the fruits of the development through a part ownership of the project. It is pertinent to remember that in the Santa Venera/Ħamrun development which led to the death of Miriam Pace, the architect in charge of the project had a 10 per cent share in the development through his stake in the company MCZMC Developers Limited. 42 months have gone by and the matter is apparently forgotten. I have already pointed this out in these columns in an article entitled The architect-developer (TMIS 8 March 2020).

These specific cases are the most obvious ones through which the authorities once more clearly signal that they don’t care. The occasional declaration by the Prime Minister that he is determined to ensure standards means nothing as his words have practically never been matched by appropriate action. The same goes for the Chamber of Architects which continuously ignores the role of greed in eroding  professional ethics in its ranks.

We are now faced with another Manikata application, this time a planning control application. This new application seeks to intensify the permissible development in the area close to the Grade 1 iconic Manikata Church designed by Richard England in the 1960s. 

The new application seeks to transform an area within scheme from one suitable for residential villa development to one for terraced development. This would signify intensifying the permissible development through permitting more blocks of flats in the area.

Given that, according to the submitted drawings a substantial part of the site under consideration is public property it is difficult to understand how this planning control application has proceeded so far without having some form of consent of the Lands Authority. Planning Control applications (as far as I am aware) require the consent of 75 per cent of the land owners involved to proceed thus far. It therefore would be logical to assume that the Lands Authority has a lot of pending explanations!

The rape of Manikata is not unique. It is ongoing all around the islands. It is made possible by a Planning Authority which, quite some time ago, ditched its land use planning functions and instead adopted a different function: that of an authority which just issues development permits: in many cases haphazardly.

In the past weeks the Court of Appeal has cancelled a number of development permits, as a result indicating that the Planning Authority is many a time in breach of its own rules.

The way forward is not easy. Some weeks ago, the Prime Minister had declared that he was about to embark on another reform of the Planning Authority. It will be another opportunity for more empty talk and more declarations on the need to protect the environment, none of which is reinforced by specific action.

We have been there before, year after year. After each reform carried out the resulting mess increased. Declarations made have never been matched with appropriate action. The end result is the rape of not just Manikata but of each and every one of the towns and villages of the Maltese islands.

The future is bleak. It will remain so until the political will to act crops up. But then, most probably, there will be nothing left to protect.

A clear pattern exists. Greed has long taken over land use planning.

published in The Malta Independent on Sunday: 20 August 2023