From business-friendly to people-friendly

Public land is being continuously taken over for tables and chairs as an outdoor extension of restaurants and cafeterias. It is a land grab and has been going on for years. This land grab has intensified after the outbreak of COVID-19, primarily in response to the then restrictions on the permissible indoor numbers of customers allowed within catering establishments.

The most obvious examples of this land grab are in places like Sliema, Marsaskala, St Paul’s Bay, and Valletta. This land grab, however, is taking place all over the island, in practically all localities.

There are instances, such as in the case of squares, pedestrianized streets, and other large open spaces, where the placing of chairs and tables does not bother anyone. In these instances, complaints are rare, except when excessive noise is generated, particularly in the silent hours. In these cases, the use of public spaces for the placing of tables and chairs can be justified, provided that the space taken up for such use is reasonable and respects the rights of both the public as well as the residential communities.

The ever-increasing complaints are in respect of those instances where pavements are practically completely taken over by the placing of tables and chairs such that pedestrians, obstructed from using the pavement end up having to share the road with moving traffic, at considerable risk to themselves. It gets worse in the case of wheelchair users and their carers, as well as in the case of parents with children, particularly those still in prams.

In residential areas, that is in those instances where there are a number of residential units above ground-floor commercial establishments, the placing of tables and chairs on the pavement also restricts residents’ access to their homes. There is the added issue, encountered in many cases, of difficulty in accessing residential units when making deliveries of large objects, such as furniture and white goods. The land grab makes access in these instances practically impossible.  Access would be even worse in case of emergencies. I have not heard a whimper from the civil protection authorities on the matter.

As emphasised in the ADPD 2022 Electoral Manifesto, we want our pavements back. The use of pavements should revert to their intended use. Pedestrians should always have priority. It is about time that public authorities shift their emphasis from being business-friendly to people-friendly.  The needs of residents and pedestrians should take precedence over the interests of business! The pavement is, after all, not meant for tables and chairs but to facilitate the mobility of people such that they are safe from traffic.

This would entail that planning applications for placing tables and chairs in open areas are vetted properly, such vetting being based on the real impacts on both the residential community and pedestrians. It would also mean that continuous monitoring is carried out to ensure that the permit limitations are observed.

Just a little bit of effort in enforcement would make quite a significant difference. Unfortunately, enforcement is practically nonexistent. This lack of enforcement is the driving force that motivates those abusing the system to ride roughshod over the rights of residents and pedestrians. They know that most probably their abuse will be ignored as it has been for ages. This has always been interpreted that the state does not care at all.

During the local elections next month, this issue is a matter of considerable importance to residents. It is a campaign issue that is continuously brought up in discussions with voters.

The Marsascala ADPD candidate Brian Decelis has been campaigning on the matter for some time. This week he was confronted by one of the operators who is obstructing pavements at Marsaskala. He was even threatened. A police report has been submitted on the incident and it is hoped that swift action will be taken by the police authorities.

This mess should be addressed, all over the islands, the soonest.

Local Councils should be at the front line in ensuring that the authorities act such that permits issued for the placing of tables and chairs outside commercial establishments are people-friendly and that abusive operators are brought to order the soonest.  Electing local councilors sensitive to the matter would make a substantial difference.

published in The Malta Independent on Sunday: 5 May 2024

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

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

Birżebbuġa: minn ġot-taġen għal ġon-nar

Id-deċiżjoni tal-Gvern li jagħżel sit għal trakka għat-tlielaq tal-karozzi f’Ħal-Far, viċin ta’ Birżebbuġa juri nuqqas kbir ta’ sensittività fil-konfront tal-komunità ta’ Birżebbuġa. Ir-residenti ta’ Birżebbuġa ilhom is-snin jaqilgħu ġo fihom bl-istorbju madwarhom. Imma ħadd mill-awtoritajiet m’hu qed jagħti każ. Kollha għala biebhom.

Il-parti l-kbira tal-ajruplani jinżlu fl-Ajruport Internazzjonali tal-Gudja minn fuq parti miż-żona residenzjali ta’ Birżebbuġa. Dan iseħħ kuljum. Ir-residenti tant draw b’dan, li uħud ftit li xejn għadhom jagħtu kaz bl-ajruplani storbjużi jittajjru fil-baxx : avolja xorta qed issir ħsara lill-saħħithom kif tispjega repetutament l-Organizzazzjoni Dinjija tas-Saħħa (WHO). Ma’ dan żid l-impatti tat-Terminal tal-Port Ħieles, kuljum, xi drabi lejl u nhar. Xi drabi diffiċli biex tissaporti. Meta wara ġurnata xogħol tfittex il-mistrieħ u ma issibux, tkun ilħaqt il-limitu tal-paċenzja.  

Dan it-tniġġiż xi kultant jitnaqqas ftit bħala riżultat ta’ titjib fl-iżviluppi teknoloġiċi. Imma huwa ċar li sostanzjalment, Birżebbuġa, ser tibqa’ tgħum fl-istorbju.

Iż-żona residenzjali Tal-Papa f’Birżebbuġa hi l-iktar waħda effettwata mill-istorbju ġġenerat mill-ajruplani u mit-Terminal tal-Port Ħieles. Hi ukoll iż-zona l-iktar viċin tat-trakka għat-tlielaq tal-karozzi.   Apparti ż-żona Tal-Papa li qegħda ġol-limiti tal-iżvilupp hemm ukoll il-komunità residenzjali ċkejkna ta’ Bengħajsa kif ukoll numru żgħir ta’ residenzi rurali: fihom ukoll jgħixu in-nies!  

Iz-zona residenzjali Tal-Papa qegħda 1,500 metru biss il-bogħod mit-trakka proposta. Hemm numru ta’ residenzi rurali, barra miz-zona tal-iżvilupp li huma ferm iktar viċin tat-trakka minn hekk.  

L-art li fuqha hemm il-proposta għal trakka tat-tlielaq tal-karozzi illum hi parti miż-żona industrijali ta’  Ħal-Far. Issa jidher li anke l-Malta Industrial Parks ser tibda tilgħab il-logħob elettorali. Mhix xi ħaġa normali li l-Malta Industrial Parks tirrilaxxja art li tifforma parti minn żona industrijali. Għall-ebda raġuni! L-unika żvilupp li jista’ jsir fuq art ta’ din ix-xorta hu żvilupp industrijali. Il-bqija mhux aċċettabbli għax imur kontra dak li jipprovdi l-pjan lokali.  Is-saltna tad-dritt tapplika għall-ippjanar tal-użu tal-art ukoll: għar-regoli u r-regolamenti tal-ippjanar. Il-Pjani Lokali m’għandhomx jibqgħu jġebbdu fihom. Giebuhom agħar miċ-chewing gum.

L-iżvilupp tat-trakka għat-tlielaq tal-karozzi fuq l-art li ġiet indikata ser iwassal għal tniġġiż sostanzjali mill-ħsejjes ġġenerati li ser ikollhom impatt fuq iż-żona residenzjali f’Birżebbuġa li hi viċin ħafna. Miżuri ta’ mitigazzjoni jistgħu jnaqqsu xi ftit dawn l-impatti, imma dawn l-impatti sostanzjalment ser jibqgħu hemm, idejqu lir-residenti.

Is-sit hu diġa użat għat-tlielaq fi tmiem il-ġimgħa. L-istorbju ġġenerat f’dawn il-ġranet jasal anke sa Ħal-Safi u Ħal-Kirkop, aħseb u ara sa Birżebbuġa. Residenti infurmawni li xi drabi l-attività konnessa mat-tlielaq tal-karozzi ġieli damet sas-sagħtejn ta’ fil-għodu. Lir-residenti, id-dilettanti tat-tlielaq tal-karozzi dejjem ġew għala biebhom minnhom!  Hu ftit diffiċli li wieħed jifhem kif jistgħu jibdlu l-imġiebha tagħhom issa.

It-tniġġiż ikkawżat mill-ħsejjes ser ikollu ukoll impatt fuq iż-żona ta’ importanza ekoloġika li qegħda fil-viċin ħafna. Issa ser ikun possibli li naraw kif dawk li jmexxu l-ERA, l-awtorità li tħares l-ambjent, jitgħawġu ġanċ biex jippruvaw jiġġustifikaw dak li mhux ġustifikabbli.

Safejn naf jien, f’Malta ma hawn l-ebda sit li jista’ jakkomoda b’mod raġjonevoli t-trakka proposta għat-tlielaq tal-karozzi mingħajr ma tikkawża impatti negattivi fuq in-nies jew fuq l-ambjent jew it-tnejn. Malta żgħira fid-daqs u iktar ma nirrealizzaw dan malajr iktar ċans li tieqaf issir il-ħsara permezz ta’ proġetti li ma hawnx spazju għalihom. In parti dan hu l-prezz li jeħtieg li nħallsu għal nuqqas ta’ ippjanar tul is-snin.

Kemm il-PN kif ukoll il-PL jappoġġaw dan il-ġenn. It-tnejn li huma jitgħawġu ġanċ biex jappoġġaw dawn il-proposti. Sal-lum ma iddejqux li jissagrifikaw il-kwalità tal-ħajja tar-residenti ta’ Birżebbuġa biex jissodisfaw il-lobby tat-tiġrijiet tal-karozzi.  Il-komunità residenzjali ta’ Birżebbuġa ilha taqla’ ġo fiha.  Li l-Gvern ikompli jżid ma dan hu inuman. Birżebbuġa ser tispiċċa minn ġot-taġen għal ġon-nar.

Huwa biss b’membri parlamentari ħodor minn ADPD fil-Parlament li jmiss li nistgħu nibdew nindirizzaw dawn l-abbużi. Il-PLPN ma jinteresshomx mill-kwalità tal-ħajja tan-nies imma biss mill-poter!

ippubblikat fuq Illum: Il-Ħadd 3 t’Ottubru 2021

Birżebbuġa: adding insult to injury

Government’s decision to select a site for a car-racing track at Ħal-Far, on the outskirts of Birżebbuġa, betrays a gross lack of sensitivity towards the welfare of the Birżebbuġa community. Birżebbuġa residents have been at the receiving end of noise pollution for ages. Apparently, no one in authority cares. They are not the least bothered.

Most aircraft approach landing at Gudja International Airport over part of the Birżebbuġa residential area. This happens throughout most of any normal day. Birżebbuġa residents are so used to it that at times they barely notice the noise from aeroplanes at low altitude blasting above: nothwithstanding, this is damaging to their health as attested to repeatedly by the World Health Organisation (WHO). Added to this, Birżebbuġa residents have to bear the impacts of the Freeport Terminal, likewise a round the clock operation! At times the noise pollution from the Freeport Terminal in areas of Birżebbuġa is unbearable. After a day’s work you seek some resting time and you are obstructed from doing so by the excessive noise around you.

These noise sources may be slightly mitigated through the application of technological improvements. It is however clear for Biżebbuġa residents that these impacts are substantially here to stay.

The Tal-Papa residential area in Birżebbuġa is already the zone most impacted by aircraft and Freeport Terminal noise pollution. It is also the zone closest to the planned car-racing track.  Beyond the residential development within the limits of development there is also the Bengħajsa hamlet as well as a number of rural units, some of which are still used for residential purposes.

The Tal-Papa residential area is as close as 1,500 metres to the proposed racing track. A number of rural residences, outside the development zone are even closer than this to the projected racetrack. 

The land on which the racing track proposal may be developed forms part of the Ħal-Far Industrial Estate. It seems that now, even Malta Industrial Parks is playing electoral games.  It is not normal for Malta Industrial Parks to release land forming part of an industrial estate for any purpose whatsoever! The only permissible development on such land is related to industrial development. Anything beyond that is unacceptable as it goes against the parameters determined by the Local Plan. The rule of law is applicable to planning rules and regulations too. Local Plans should not be further transformed into chewing gum, having unlimited elasticity!

The development of the car-racing track on the indicated land will generate substantial noise pollution which will impact a residential area in Birżebbuġa which is not so far away. Mitigation measures may reduce slightly the impacts but it will keep annoying the residents just the same!

The site is already in use on weekends: the resulting acoustic pollution is being picked up as far away as Kirkop and Safi, let alone in Birżebbuga itself. At times, residents inform me that this goes on well into the night, even as late as 2am. Car-racing enthusiasts never had the minimum of respect towards the residential community! It is difficult to imagine how they could change their behaviour at this point in time.

The acoustic pollution generated will also have an impact on an area of ecological importance close by. We will now be able to see how far the ERA bigwigs twist their spine to enable them to justify the unjustifiable.

As far as I am aware no site in Malta can reasonably accommodate this racing track without being the cause of extreme nuisance to residents, damaging to the environment or both. Malta is small in size. The sooner this basic fact sinks in, the better. It should be realised that there is no room for projects such as this car-racing track!  In part this is the price we have to pay for a lack of planning over the years.

Both the PN and the PL are supporting this madness. Both of them are willing to accommodate the racing track lobby. They have so far considered the Birżebbuġa residential community as unavoidable collateral damage in their drive to satisfy the racing track lobby. The Birżebbuġa residential community has already been at the receiving end of all sorts of acoustic pollution. Adding to this is grossly inhumane. It adds insult to accumulated injury.

Only Green MPs in the next parliament can apply the brakes to this madness. PLPN is not interested in the welfare of residents: they are only interested in raw power.

published in The Malta Independent on Sunday : 3 October 2021

Wiċċu bla żejt

 

Persuna li ma tistħix ngħidulha li jkollha wiċċ bla żejt. Taġixxi b’mod sfaċċat, qiesu ma ġara xejn. Bħall-membru parlamentari tal-PN David Agius.

David Agius, meta kien membru parlamentari fuq in-naħa tal-Gvern kien, flimkien ma oħrajn, ivvota favur li art f’diversi partijiet ta’ Malta, fil-parti l-kbira tagħha art verġni, tingħata għall-iżvilupp. Issa qasam fuq in-naħa l-oħra u qiegħed jappoġġa lir-residenti li qed jipprotestaw kontra dan l-iżvilupp li hu ivvota favur tiegħu.

F’Ħ’Attard, fl-inħawi magħrufa Tal-Idward, fil-periferija taż-żona tal-iżvilupp, David Agius jappoġġa lir-residenti li qed jipprotestaw biex art agrikola ma tkunx żviluppata. Ir-residenti huma rrabjati għax issa hemm it-tieni applikazzjoni biex ikun determinat kif tista’ tkun żviluppata l-art fl-inħawi tal-Idward.

David Agius kien hemm, kważi ċass, bla espressjoni f’wiċċu. Ħdax-il sena ilu, fil-Parlament kien ivvota favur l-istess żvilupp li issa kien qed jipprotesta kontra tiegħu!

L-istorja kollha hi dwar dak li hu magħruf bħala l-eżerċizzju ta’ razzjonalizzazzjoni li permezz tiegħu meded kbar ta’ art imxerrda mal-gżejjer Maltin, sa dakinnhar barra miż-żona tal-iżvilupp, saru tajbin għall-bini. Bil-vot tiegħu favur dan kollu David Agius għin biex dan ikun possibli li jsir. David Agius mhux waħdu. Fuq il-bankijiet tal-Opposizzjoni għad hemm diversi kollegi tiegħu li għamlu bħalu.

L-ippjanar għall-użu tal-art hu strument li għandu jkun użat fl-interess tal-komunitá kollha, u mhux fl-interess tal-ftit. Sfortunatament, illum, ħdax-il sena wara huwa ċar iktar minn qatt qabel kemm l-eżerċzzju ta’ razzjonalizzazzjoni injora lill-komunitajiet residenzjali tagħna madwar il-pajjiż kollu biex jaġevola lill-ispekulaturi.

Meta l-Parlament approva li meded kbar ta’ art barra miż-żona tal-iżvilupp isiru żviluppabbli kien jaf li ma kien sar l-ebda studju biex ikunu mkejla l-impatti kumulattivi li rriżultaw minn din id-deċiżjoni. Bħala riżultat ta’ dan, l-impatti tat-traffiku, l-kwalitá tal-arja, l-għargħar, id-dellijiet fuq bini diġa armat b’pannelli fotovoltajċi kif ukoll in-numru dejjem jiżdied ta’ propjetá vojta kienu fatturi injorati kompletament meta l-Parlament iddeċieda li japprova l-eżerċizzju ta’ razzjonalizzazzjoni.

Sfortunatament, l-Awtoritá tal-Ippjanar, minkejja li kienet taf b’dan in-nuqqas baqgħet għaddejja u ma ppruvatx tagħmel tajjeb għan-nuqqas tal-Parlament.

Sadanittant, fil-Parlament, il-Ministru Ian Borg huwa u jwieġeb għall-kritika ta’ din id-deċiżjoni tal-Awtoritá tal-Ippjanar ipponta subgħajh lejn l-Opposizzjoni. Imma dan mhux biżżejjed għax anke l-Partit Laburista wara 4 snin fil-Gvern ma għamel xejn dwar dan kollu.

Bosta minna niftakru li meta l-Partit Laburista kien fl-Opposizzjoni, fil-Parlament, kien ivvota kontra dan l-eserċizzju ta’ razzjonalizzazzjoni. Dan iwassal għall-mistoqsija inevitabbli dwar jekk il-Partit Laburista bidilx fehmtu. Għax ħlief għal ftit kummenti waqt il-kampanja elettorali l-Partit Laburista qatt ma qal xejn dwar dan kollu. Dan x’jfisser? Għandna ninterpretaw in-nuqqas ta’ azzjoni mill-Partit Laburista fil-Gvern bħala qbil mal-ezerċizzju ta’ razzjonalizzazzjoni?

Sa fejn naf jiena, Alternattiva Demokratika biss indirizzat dan kollu waqt il-kampanja elettorali li għadha kif intemmet. Dan billi pproponiet li dawn it-tip ta’ permessi m’għandhomx joħorġu f’dawk il-lokalitajiet fejn hemm numru konsiderevoli ta’ propjetajiet residenzjali vakanti.

Jidher imma li l-partiti fil-parlament issa bidlu ir-rwol tagħhom. David Agius hu l-eżempju ovvju: meta l-partit tiegħu kien fil-Gvern jappoġġa l-ispekulazzjoni, u issa li qiegħed fl-Opposizzjoni taparsi jappoġġa lir-residenti.

ippubblikat fl-Illum il-Ħadd  9 ta’ Lulju 2017

David Agius’s mental gymnastics

 

David was always into sport – primarily basketball, if I remember correctly. He has, however, now dedicated considerable time to the practice of mental gymnastics.

In Attard, in the area known as Tal-Idward – which is just outside the development zone – David has time and again publicly manifested his support of the residents’ cause: opposition to the development of agricultural land. The residents have now vented their anger in a pubic protest against a second planning control application that seeks to identify what would be permissible development in the tal-Idward area at Attard, the first application having been turned down around three years ago.

David Agius, the Opposition Whip, stood there, with a poker face, not batting an eyelid. Eleven years ago, in Parliament, he voted in favour of permitting the same development against which he is now demonstrating!

The issue is the so-called “rationalisation exercise” as a result of which considerable tracts of ODZ land all over the Maltese islands will henceforth to be considered as developable land. In 2006, with his favourable vote in Parliament, David Agius, contributed to making this possible. On the Opposition benches, he is accompanied by a number of other MPs who likewise voted in favour of more virgin agricultural land being given up for development.

Land-use planning should keep in mind the interests of the whole community and not only the interests of a select few. Unfortunately, eleven years down the line, it is now more clear than ever that the rationalisation exercise has  completely ignored the interests of the residential communities all over the islands in order to satisfy the greed of land speculators.

When Parliament considered the approval of removing ODZ status of large tracts of land, primarily (but not exclusively) agricultural land, it did so in full knowledge of the fact that the cumulative impacts of such a decision had not been assessed. Such an assessment, which is prescribed in the Strategic Environment Assessment Directive of the EU, would have been mandatory had Parliament’s decision been taken some days later than it actually was.

As a result, traffic impacts, air quality, flooding, the shadowing of existing residential property equipped with photo-voltaic panels and the issue of an ever increasing stock of vacant properties were completely ignored when Parliament approved the rationalisation exercise.

The Planning Authority, unfortunately, notwithstanding that it is aware of the shortcomings underpinning the rationalisation exercise, has failed to take steps to mitigate these shortcomings apart from minor cosmetic changes to the  proposals submitted on behalf of speculators.

In Parliament Minister Ian Borg rightly pointed his fingers at the Opposition when replying to criticism of the above-mentioned Planning Authority’s decision.  Blaming the Opposition is however not enough as the Labour Party had sufficient time to act on the matter in the past four years, but has not done so. Most of us remember that the Labour Party itself, when in Opposition, had voted against the rationalisation exercise in Parliament. This leads to the inevitable question as to whether or not Labour has since changed its mind as – with the exception of a few sympathetic comments on the eve of the June general election – it has never committed itself to changes to the rationalisation exercise. Are we to interpret the Labour Party’s non-action as a change of political position, signifying agreement with the rationalisation exercise in the form approved by Parliament in 2006?

As far as I am aware, Alternattiva Demokratika, the Green Party, is the only political party to propose a specific measure on changes to the rationalisation exercise. This was done once more during the recent electoral campaign. Such a measure proposed by Alternattiva Demokratika is linked to the large number of vacant properties, which should be a break applied by land-use planning regulators in order not to develop more land unnecessarily.

But is seems that the Labour Party and the PN have switched roles. Hence David’s mental gymnastics: supporting speculators when in government, supporting residents when in opposition.

published in The Malta Independent on Sunday – 9 July 2017

F’Paceville, il-Gvern jaħdmek

 

L-Awtorità tal-Ippjanar ippubblikat, għal skop ta’ konsultazzjoni pubblika, dokument dwar Paceville. Dan hu dokument li għal darba jaħseb fit-tul. Iħares lejn l-iżvilupp ippjanat għall-inħawi fit-tul u b’mod ħolistiku. Sa hawn, tajjeb, għax hekk għandhom isiru l-affarijiet.

Imma meta tibda taqra id-dettalji, jibdew il-mistoqsijiet. L-ikbar mistoqsija hi dwar jekk l-awtoritajiet humiex, għal darb’oħra, qed jippruvaw jaħdmuna billi jinqdew bl-ippjanar għall-użu tal-art biex iħaxxnu l-bwiet ta’ uħud: dawk li jmaxtru dejjem u f’kull żmien.

Il-pjan, fost oħrajn, jidentifika l-ħtiġijiet infrastrutturali ta’ numru ta’ proġetti (disa’ fil-għadd), ewlenin fosthom toroq u probabbilment mina taħt l-art u dan biex ikun iffaċilitat l-aċċess għal Paceville li qed titfassal. Dawn il-ħtiġijiet infrastrutturali, jgħid il-masterplan għal Paceville, huma meħtieġa biex jilqgħu għall-moviment sostanzjali ta’ persuni li huwa antiċipat li dan l-iżvilupp kollu ser jiġġenera.

Min ser idaħħal idu fil-but u jagħmel tajjeb għal dawn l-ispejjes kollha?

Qed tissemma ċ-ċifra ta’ nofs biljun ewro li fil-fehma ta’ ħafna għandha tinħareġ kollha, jew tal-inqas il-parti l-kbira minnha, mill-iżviluppaturi. Għax inkella ser nerġgħu nispiċċaw fis-sitwazzjoni li huma jimpalaw il-profitti, u ħaddieħor mit-taxxi jħallas il-kontijiet. Kontijiet li ġieli inħallsuhom b’saħħitna u drabi oħra billi t-taxxi tagħna jagħmlu tajjeb għall-ħtiġijiet tagħhom.

Il-President tal-Assoċjazzjoni tal-Iżviluppaturi Sandro Chetcuti diġà qal, li, fil-fehma tiegħu, jkun aħjar jekk l-ewwel issir l-infrastruttura u wara jsir l-iżvilupp propost. Dan ifisser ħaġa waħda: li l-iżviluppaturi jippretendu li l-investiment massiċċ meħtieġ fl-infrastruttura għandu jsir mill-Gvern, mit-taxxi li jiġbor. Għax taf inti, issa għandna Gvern pro-business u għalihom dan ifisser li l-Gvern qiegħed prinċipalment għas-servizz tagħhom!

Hemm punt ieħor ta’ importanza fundamentali. Il-pjan għal Paceville jitkellem fuq ħafna ħwejjeġ. Imma jħalli barra lir-residenti li joqgħodu hemm illum. Dawk huma l-istess nies li ilhom jaqilgħu ġo fihom snin twal. Il-masterplan ma jsemmihom imkien. Jinjorhom kompletament kif diġà ġara matul is-snin. Dan iwassal għall-konklużjoni inkwetanti li r-residenti li hemm illum m’humiex meqjusa li huma importanti għal min fassal il-pjan. Ovvja għaliex: għax il-pjan hu pro-business u jpoġġi lin-nies fil-ġemb. Għax lir-residenti jqishom xkiel billi dawn dejjem joġġezzjonaw, daqqa fuq  ħaġa u daqqa fuq oħra!

Dan it-tip ta’ ippjanar ma jagħmilx ġid u m’għandniex bżonnu. In-nies u l-ħtiġijiet tagħhom huma wara kollox il-qofol tal-ippjanar serju. Imma sfortunatament il-pjan għal Paceville hu mibni fuq pedamenti differenti. Għax il-filosofija tal-pjan hu li l-art, il-ġebel, il-konkos u l-azzar jiġu qabel in-nies.

Din hi triq li twassal għal Gvern li jaħdmek biex jistagħnew l-ispekulaturi. Inti trid li pajjiżna jkompli miexi f’din it-triq?

Ippubblikat f Illum : il-Ħadd 9 t’Ottubru 2016

 

Political calculation or environmental principle?

 

Joseph Muscat’s declaration that the Freeport Terminal will not be permitted to expand in Birżebbuġa’s direction due to its impacts on the residential community will inevitably have an effect on the Planning Authority. Viewed in the context of the recent Planning Authority decision not to approve the proposed Ħondoq ir-Rummien development, a pattern seems to be developing.

Given the fact that these two decisions are closely associated with localities that politically support the Labour Party it is still not clear whether this newly discovered sensitivity to restrict development which negatively impacts residential communities is based on political calculation or on environmental principle. This consideration is inevitable, in particular due to the report in this newspaper on 22 June that the Prime Minister had stated, in a discussion with environmental NGO Flimkien għall-Ambjent Aħjar, that he does not care about impact assessments, as residents get used to everything. As far as I am aware, the Office of the Prime Minister never corrected this report.

The Freeport Terminal debate clearly indicates that Birżebbuġa residents are determined to deliver a different message: they have had enough. During the last seven years there has been an ongoing tug-of-war between Birżebbuġa Local Council, MEPA and the Freeport Terminal Management. This has led to a number of improvements, the most important of which was the setting up of a tripartite Environmental Monitoring Committee that has served to build some bridges and to explore solutions to existing problems caused by the operation of the Freeport Terminal.

There was a time, around two years ago, when pressure was put on Birżebbuġa Local Council to drop its objections to specific operations. I distinctly remember representatives from the oil-rig repair industry  trying to convince the Council of the “benefits” that an oil-rig industry based at the Freeport Terminal could generate.

When these representatives realised that no one was convinced, an amendment to the environmental permit was forced through the then MEPA Board. To their credit, only three of the then board members understood the real issues and voted against the proposal: the two MPs (Joe Sammut and Ryan Callus) and the environmental NGO representative Alex Vella of the Ramblers Association.

The amended environmental permit would have permitted minor repairs to ships and oil-rigs berthed at the Freeport Terminal. However, after the MEPA Board meeting all hell broke loose, leading Prime Minister Joseph Muscat to disassociate himself from its decision and publicly align himself with the minority on the board opposing the changes. He then stated that he was in agreement with “his representative”, Labour MP Joe Sammut.

While the Freeport Terminal, faced with the reaction of residents, eventually relinquished the newly-acquired permit, the internal debate within the Labour Party continued, leading to the recent statement by Joseph Muscat that he is not in agreement with an expansion of the Freeport Terminal operations that would have a negative impact on the Birżebbuġa community.

Irrespective of whether it is a matter of principle or a political calculation which has led the Prime Minister to make such a statement, I submit that this is still a significant turning point that has been achieved as a direct result of Birżebbuġa Local Council’s persistent lobbying. It contrasts with the position taken by the Leader of the Opposition, who looks forward to an increase in the operations of the Freeport Terminal, without batting an eyelid over the resulting, continuously increasing, impact on the residential community.

The Prime Minister’s statement, while being a positive first step, is certainly not enough. It needs to be translated into policy as an integral part of the revised Local Plans currently under consideration. It is also important that the Prime Minister’s newly identified sensitivities are exported to other areas in Malta and Gozo. It is essential that, in a small country such as ours, third party rights opposing “development” are reinforced.

The issue at stake is far larger than Birżebbbuġa or the Freeport Terminal. It is a tug-of-war between those supporting “development” at all costs and our residential communities. The government must, through planning policy, be supportive of all our residential communities without exception.

published in The Malta Independent on Sunday – 31st July 2016

Simon’s ODZ bluff

 

20 January is the closing date for the submission of expressions of interest in response to the call by the Privatisation Unit for the setting up of a Motorsports complex in Malta.

During the press conference that launched the call on 29 September, Parliamentary Secretary for Sport Chris Agius emphasised the fact that the choice of location was up to the investors presenting the submissions, even though several sites were proposed in the consultation process leading up to the call for expressions of interest.

However, Sam Collins, writing on 25 April last year on an online motor-racing guide, under the heading Malta eyes Formula 1 with new circuit stated that a “110 hectare parcel of land has been earmarked for the development.”  It is pretty obvious that the as yet unidentified  “110 hectare parcel of land” to be used for this proposed motorsports complex will be situated outside the development zone (ODZ). Each hectare consists of 10,000 square metres, meaning that 110 hectares equals one million, one hundred thousand square metres.

Sam Collins describes the proposal in this manner: “The government documents relating to the circuit’s development point out that part of its purpose would be to attract major international racing series, including Formula 3 and similar classes. The proposed facility would also include facilities for concerts, conferencing and a racing school. A hotel and museum of motoring and transport heritage would also be built on site. Road safety and driver training would play a major part in the facility’s layout, with a dedicated area for these activities. A CIK Kart circuit would also be built alongside the main track.”

The basic question which had to be addressed – but which most obviously has not been addressed so far – is whether Malta can afford to waste this much land. The answer, in my opinion, irrespective of the number of motor-racing car enthusiasts on the island, is clear and unequivocal: Malta cannot waste any more of its limited land.

The sites that have been possibly earmarked are limited in number, as Malta’s size does not present too many options and the impact of the selected site will be substantial, irrespective of its current use.

Development on the  parcel of land selectedcould have a substantial impact on areas of ecological importance that are protected either in terms of local policy or else as a result of EU or international commitments. Knowing that most of the undeveloped land along Malta’s coastline from Bengħajsa right up to Ċirkewwa is protected for ecological purposes, this could be the case, particularly if the identified parcel of land is close to the coast.

The impact could be further increased in view of the possible proximity of the selected parcel of land to residential areas. A specific area, mentioned consistently through the grapevine, would lump these impacts on Malta’s political south, further adding to the disregard for residents’ quality of life in the region accumulated over the years.

There are, therefore, three issues on the basis of which the proposed facility is objectionable: firstly, that Malta is too small for such a development; secondly, that the environmental impact will be substantial and thirdly, that the neighbouring residents’ quality of life, as well as biodiversity and natural resources, will be bartered for short term economic gain.

Depending on the precise eventual location, it may be possible to mitigate and reduce the impact on residents. However, it is most probable that a reduced impact on residents would signify increased impact on natural resources and biodiversity. In my opinion, this signifies that even on the drawing board the project should have been a non-starter.

In recent months we have had the Żonqor “University” debacle. A major sticking point in that case was that the original proposal was to use land situated outside the ODZ and public opinion’s unifying reaction was “No to ODZ development”.

The Parliamentary Opposition, both inside and outside Parliament, took a clear stand against the ODZ Development proposed at Żonqor. Yet in the case of the proposed motor track facility, the Opposition Spokesperson on Sport, David Agius, was invited to be present when the call for expressions of interest was launched. His presence confirms that, notwithstanding Simon Busuttil’s solemn declarations on the sanctity of ODZ land, the proposal for the (ODZ) motor track facility enjoys bipartisan support.

Which means that Simon’s talk on ODZ is just bluff.

published in The Malta Independent on Sunday : 3 January 2016