Issue link: https://maltatoday.uberflip.com/i/812895
maltatoday, WEDNESDAY, 19 APRIL 2017 4 News Tribunal denounces PA's arbitrary release of documents JAMES DEBONO PLANNING documents are being released in an arbitrary way which was now been deemed unacceptable by the PA's Environment and Plan- ning Review Tribunal. Environmental NGOs have long complained about lack of access to sensitive documents presented to the PA in the course of planning ap- plications. In this particular case related to the notorious practice of convert- ing countryside ruins in to brand new ODZ dwellings, a document submitted by the Gozo National Ar- chives proving the existence of the dwelling in the late 19th century, was not made available to objectors. The document signed by Assistant National Archivist Joseph Bezzina notes that the 1898 map marks the site with a "solid square" in a clear indication of a "whole building" and not a single room. The objectors claimed that this prevented them from having a fair hearing. In December 2015 the PA ap- proved a terraced house in place of the ruins of a building which was listed as a residence in the 1902 electoral register of which only the foundations can be seen in a 1957 survey sheet. In March the case was thrown back to the Environment Planning Commission by the Tri- bunal. The Tribunal ordered the PA to hear the application again after giving full access to documents to the objectors. But the original decision to grant the permit was yesterday confirmed by the same commission which had originally approved it after objectors were given access to the documents in question. "It is unacceptable that Planning Authority officials decide which documents should be made availa- ble to the different parties in a case," the Tribunal concluded when faced with a case which exposed short- comings in the way the PA makes its documents available to the public. The cross examination of PA of- ficials reveals that no legal guidance exists on which documents should be made accessible to the public on the PA website. The PA official confirmed that registered objectors to an applica- tion only have access to documents made available to the general public. A PA official explained that al- though no official memo exists, the documents made accessible on line are limited to plans submitted by the applicant, all the replies given by consultees and all registered ob- jections. Other documents, reports and minutes are not made available to the public. PA magic wand turns ruins to villa again The case revolved on an appeal presented by objectors to a permit issued by the PA in 2015 to "disman- tle the existing ruins of a dwelling and to construct a terraced house" in Kercem Gozo. The new two sto- rey 180 square metre dwelling is lo- cated in an ODZ rural hamlet where development taking up fresh land is not allowed. The site is located in a scheduled Area of Ecological Importance and an Area of High Landscape Value (Wied ix-Xlendi Watershed). The objectors had filed a compli- ant with David Cassar of the Cus- tomer Care Unit of the PA regarding the absence of certain documents online. Cassar replied that the re- quest should request the board for a copy of the required documents. But this request was disregarded by the board. The documents in question con- sisted of old survey sheets from the national archives proving the past residential use of the building of which only ruins exist. The develop- ment of the terraced house had been approved on the basis of Policy 6.2C which allows for the redevelopment of long demolished ODZ structures. The 1957 site aerial photo indi- cates the foundations of the origi- nal structure on site. Most of these foundations have since been demol- ished or have deteriorated. The proof of previous residence consisted in the electoral register of 1902 which declares that the said property was inhabited by a certain Cassar Michele. In addition, the ar- chitect submitted an old map of this particular site within the limits of Kercem in which residential settle- ments were marked. Using a superimposition of this map with recent aerial photography, the Gozo national archives "con- cluded that the building as shown on the 1898 map seems to coincide with the ruins present on site today." This document was not made avail- able to the objectors. The countryside ruins which will be turned in to a terraced house thanks to a permit issued on basis of document issued by the Gozo branch of the National Archives, which was not shown to objectors JAMES DEBONO THE Environment and Resourc- es Authority (ERA) is objecting to a commercial and retail com- plex proposed in a long disused quarry opposite the Marsaskala Family Park. In a memo presented to the au- thority last week ERA claimed that if approved the development would introduce commercial and urban development in a quarry which should "preferably be re- instated back to agriculture use, considering its location along an urban fringe". The authority has no power to veto planning decisions taken by the authority but issues recom- mendations on all applications presented to the authority. The long disused 9,750 square metre quarry opposite the Mar- saskala Family Park is being pro- posed for massive commercial development including retail outlets, a drive-through restau- rant, offices and restaurants. In its submissions to the Plan- ning Authority, ERA insisted that retail and commercial de- velopment is more appropriate in urban areas which are already designated for such use. Although site being a disused quarry adjacent to an existing arterial road is not environmen- tally sensitive the environmental quality of this rural area can only be improved theorugh "the re- tention of the area as open space and its possible restoration into agricultural uses." Flimkien Ghal Ambjent Ah- jar has also objected to the ap- plication claiming that this is in breach of various policies in- cluding the SPED which excludes development in rural areas when this is not legitimate or neces- sarty. "Under no circumstances can the commercial activities being proposed be considered benefi- cial to the community. The pro- posal is a purely commercial ven- ERA opposes Marsaskala shopping mall, should be reverted to agriculture' The 10,000 square metre development could be erected opposite the family park in Marsaskala PN reiterates pledge to raise environment above partisan politics YANNICK PACE OPPOSITION leader Simon Bu- suttil once again pledged that a PN government will seek to protect the environment and to "raise the environment above partisan politics." "This is how the country ends up with deals like the ones at Zonqor and ITS," he said. Busuttil was speaking at a meeting at parliament yesterday afternoon between the PN and members of the Malta Council for Economic and Social Devel- opment, where he said that the PNs quality of life policy docu- ment was a comprehensive one that offered many proposals for improving people's lives, espe- cially on issues relating to the environment. One of its main messages, he said, was that a strong economy was possible while also protect- ing the environment. "I want to dispel, once and for all, the idea that if you are in fa- vour of protecting the environ- ment you are somehow against business or economic growth," Busuttil said, adding that the proposals in the document could easily be supported by en- vironmentalists and developers alike. According to the Opposition leader, another PN's aims would be to offer a long-term vision for managing the environment. "This is why we are talking about a vision for 2050," he said. "We need to know where we are going." On Outside Development Zone (ODZ) development, Busuttil said that through the PN's pro- posal that would see this type of development require a two- thirds parliamentary majority, any opposition would effectively have to power to block such a development. He added that, the proposal would mean the gov- ernment of the day will have to face parliament with any such proposal. Busuttil underscored the im- portance of air quality, traffic congestion and several other areas that affect people's quality of life, and which had been ad- dressed in the document.