Issue link: https://maltatoday.uberflip.com/i/1530039
JAMES DEBONO jdebono@mediatoday.com.mt 10 maltatoday | SUNDAY • 1 DECEMBER 2024 NEWS Regulators abused powers to benefit developer with St Paul's Bay roadworks PA set to reject development near 17th-century hero's home A court has slammed a 2006 deci- sion by the planning authority to change its rules and allow a turn- ing loop in a dead-end street that benefitted a developer. The court ruled the authority, then known as MEPA, abused its power to appease the developer of an eight-storey apartment block in St Paul's Bay. The court ultimately found in fa- vour of the plaintiffs, owners of the land expropriated for the building of the turning loop, and declared the decision null and void. The plaintiffs, the Attard Mon- talto family, presented several claims to the court, all stemming from their belief that MEPA had abused its powers in approving a Planning Control application that negatively impacted their land, and which did not serve a public utility but rather the private in- terests of SIAR Property Invest- ments. The core of their argument rest- ed on the claim that the MEPA's decision to approve the planning control application led to an ar- bitrary and discriminatory out- come, favouring SIAR's commer- cial interests at the expense of the Attard Montaltos. By altering the existing road lay- out, a turning loop was to be situ- ated on Triq it-Tonn. The plain- tiffs' land, encroached upon by SIAR during their development project, was directly impacted by the proposed changes in the PC application. The proposed roadworks were to be carried out on a substan- tial portion of the plaintiffs' land, with the PC application lead- ing to the expropriation of their land for the road alterations, at the costs of the exchequer, and granting SIAR the advantage of the new road alignment for their eight-storey block. As it turned out, the 2006 appli- cation for the change in planning guidelines for the area had been approved by MEPA despite the plaintiffs' objections, and support- ed by Transport Malta. However, MEPA had also initial- ly rejected an earlier application by Transport Malta for a similar development because it negative- ly impacted a scheduled property and third-party property. MEPA then reversed its decision less than a year later, approving the PC de- spite objections from residents. The Attard Montaltos' land was subsequently expropriated, but the court agreed that MEPA and Transport Malta had acted to benefit SIAR's development plans rather than serving the public in- terest, specifically to improve the aesthetics of SIAR's building by obscuring a large blank wall and minimally widening the road. Transport Malta, at the time ADT, maintained that its sub- mission of the PC application was driven by the public interest, spe- cifically to improve landscaping and facilitate better traffic man- agement in the area. Despite MEPA's initial rejection, Transport Malta resubmitted an application for the turning cir- cle (PCA 0054/2006) in the same year. Notably, MEPA approved this application despite objections from residents, suggesting a de- parture from their previous con- cerns about negative impacts on properties. The court explicitly stated that there was no apparent logical rea- son for MEPA's reversal and that the available documentation did not offer a reasonable justification for the sudden shift in their assess- ment of the project. The court's analysis of the evi- dence led it to conclude that the MEPA likely changed their stance to accommodate the development plans of SIAR Property Invest- ments. MEPA's abrupt change in po- sition, coupled with the lack of a clear justification and the court's findings of favouritism towards SIAR, suggested that improper considerations influenced their decision-making process. THE Planning Authority is set to reject a zoning application for a new cul-de-sac access road, which aims to facilitate a proposed five-storey block on almost one hectare of arable land on the outskirts of Żejtun. The site lies near Casa Verdi, a historic dwelling believed to have been the residence of Kle- ment Tabone, a Maltese land- owner who led a militia that re- pelled an Ottoman raid in 1614. A final decision is expected to be made during Tuesday's PA Executive Council meeting. Silvan Mizzi, a business part- ner of Joseph Portelli at Triv- ium Projects, submitted the zoning application last year. The company has also sub- mitted a planning application to construct a five-storey block, which will be accessed via the proposed road. However, the Planning Authority must ap- prove the zoning application before the planning application can be approved. A case officer's report high- lighted that the new road would bring development clos- er to the scheduled buildings in the Urban Conservation Area (UCA), potentially causing a negative impact on the herit- age-sensitive area. It would also require the par- tial demolition of an existing rubble wall, which the Super- intendence for Cultural Herit- age (SCH) considers an integral formal boundary to the land surrounding Casa Verdi. The Planning Directorate re- ceived 100 objections, includ- ing those from the Żejtun Lo- cal Council and the NGO Wirt iż-Żejtun. Objectors argued that the road would open the way for further development near the historic building, which dates back to the early 17th century. The property is a protected Scheduled Building. Oppo- nents argue that its historic sig- nificance should be preserved rather than overshadowed by the proposed five-storey devel- opment. The case officer also flagged transport concerns, concluding that the proposed cul-de-sac is objectionable as it fails to meet the required width of eight me- tres and lacks adequate space for vehicle manoeuvring. Additionally, the officer pointed out that the arguments from a previous case referenced by the project's architect could not be applied to this proposal because the site's access is re- stricted and does not meet the minimum required width. It was also emphasised that the proposed road is unsuitable in terms of design, safety, and traffic flow.