G]arg]ur council to consult architect on fireworks factory extension after residents’ insistence

No Għargħur local councillor yesterday raised objections to the Planning Authority’s decision to extend a fireworks factory, but residents’ complaints have pushed the council to agree to seek the advice of an architect.

In 2013, an application was submitted by St Bartholomew Fireworks Factory for an extension to its premises in Wied id-Dies, a valley located between Madliena and Għargħur. It is one of the few unspoilt valleys in the area enjoyed by many and proposed for scheduling as a level 2 and level 3 Area of Ecological Importance.

At the time, there were a number of objections to the application including those from the Department of Agriculture, the Environment Protection Directorate and the Natural Heritage Advisory Committee. The site lies within an Area of Ecological Importance, and the development as proposed, in particular the sprawl of structures within the site, will lead to the degradation of the existing natural habitats. One resident had also objected.

Residents in Madliena, which falls under the Swieqi local council, expressed concern that the proposed extension of the existing fireworks factory is likely to have a deleterious impact on the Swieqi residential scheme as it will be extending the fireworks factory even closer.

On 1 June 2017, two days before the general election, the permit for the extension was issued. By law, the consultation period and notification period to relevant local councils must take place when an application is submitted. This all took place back in 2013 in accordance with the law, however changes to the Development Planning Act placed many powers of objection into the appeals process. It is understood that a change in regulation made the initial project that back in 2013 was opposed by the case officer a viable project in 2017.

Several residents told The Malta Independent that they were threatened earlier yesterday from attending the Gharghur local council meeting.

At first, it was thought that residents would not be allowed to speak because procedure dictates filing a request, however upon their insistence they were allowed to voice their concerns.

In another informal meeting between Swieqi Mayor Noel Muscat, the chairman of the Madliena administrative committee and the architect advisors to the local council, options are being reviewed however Muscat stressed that the council was not informed in any way. Their main concern is safety of the local residents, he said.

The Planning Authority took four years to approve the project. There is no law stating that when an application is approved the PA must again notify the relevant local councils. The fact that four years had passed between the application being submitted and approved, meant that people who moved into the area after 2013 had no way of knowing about the application until a report was published in the Times of Malta.

The case officer’s opposition in 2013 also led many to think that the application was no longer a threat to them.

Giljan Aquilina, mayor of Gharghur, stressed that they too were only made aware of the issue through the media. In view of the fact that the local council did not object to the project in 2013, it is not a surprise that the residents against the project expressed anger about being notified through the media. The appeals procedure dictates that there is a one month period to lodge an appeal, but this requires the engagement of costly lawyers and possibly architects.

By not being notified by the PA itself regarding the decision, but only through the media, residents expressed how unfair it is that had it not been for the media, the one month appeals period would have ended without anybody being notified about significant changes to the valley surrounding their home.

One particular resident said that it is tantamount to ‘bullying’.

As a rule, only those who initially objected can lodge an appeal against the PA’s decision, apart from the relative local councils, Swieqi and Gharghur in this case, or the Environmental and Resources Authority.

An e-mail has been sent to the ERA in order to gauge whether it plans to lodge an appeal, but at the time of writing, no answers had been received.

The Malta Independent took the residents’ concerns to the Għargħur mayor in order to ascertain his position.

Asked about a conflict of interest he has, due to his uncle being involved with the group that put forward the application, he said: “I checked with the director of local councils to inform him about how to proceed since I have a small conflict of interest. My uncle is representing the fireworks factory.

“It’s not a financial conflict, but the director told me not to chair that section of the meeting. I told the secretary that if there are any points or objections raised by the councillors a vote should take place.”

Mr Aquilina confirmed that he will not be casting his vote due to the conflict of interest, upon seeking advice from the director.

He said that safety would actually increase with the extension of the site, adding that this is the reason for the application.

“Right now all materials are accumulated in one area, so if anything happens the whole thing would go up in smoke. With the new safety measures, materials are confined in smaller batches separately, so that if anything happens it would be a relatively minor explosion compared to how things are now”.

He also confirmed that there would be no increase in production or materials stored, as this would defeat the purpose.

“It is the same group running it, no new ones are going to be involved. This union has the same stream of income and is serving the same feast, it will not be catering for any other feast”.

Asked about whether any section, beyond the factory, will be cordoned off and made unavailable to the public, Mr Aquilina said this will not be the case.

He explained that a passage way leading up to the factory, which is also a walkway for people to enjoy the valley, is already there and would not be touched. He said that the extension of the factory will be towards the back in the area touching Madliena.

The old system is still in place where there are signs in the vicinity of the factory to inform the public that they are close to a site handling potentially dangerous materials.

“Danger for those who enjoy walking in the valley will actually be reduced. Those walking close to the factory pass next to one big store where the materials are kept, but with the new plan in place there will be several smaller stores that are dispersed. The new units will be even further away from the current pathway.”

Asked whether any other councillors have some form of conflict of interest, Mr Aquilina said that no other councillors are involved in firework production or have family members that are.