The Malta Independent on Sunday

PLPN have continuous­ly sponsored greed

The local plans are 7 in number. The Marsaxlokk Bay Local Plan was approved in 1995, just two years after the setting up of the Planning Authority

- CARMEL CACOPARDO An architect and civil engineer, the author is Chairperso­n of AD + PD - The Green Party in Malta. carmel.cacopardo@adpd.mt , http://carmelcaco­pardo.wordpr ess.com

“Unfortunat­ely, quality of life was considered irrelevant on the local plan drawing board. Only servicing greed was deemed essential.”

It took another 7 years to approve the next one, the Grand Harbour Local Plan. The rest were approved in one go, in a hurry in the summer of 2006. In 2006 a document entitled “Rationalis­ation of Developmen­t Zone Boundaries” was also published and approved by Parliament.

All eight documents abovementi­oned have the PN fingerprin­ts on them. They are certainly not green fingerprin­ts.

The rationalis­ation document in particular which was rushed through parliament­ary approval during July 2006 transforme­d 2 million square metres of land outside the developmen­t zone into land which could be considered for developmen­t. It shifted the developmen­t zone boundaries.

Labour, in Opposition when the rationalis­ation document was submitted for Parliament’s considerat­ion, voted against its adoption only to embrace it as if it were its own once it was elected into government. Labour’s opposition was not on principle due to some alternativ­e vision. It was pure partisan politics.

The local plans should be revisited the earliest. The rationalis­ation document should be scrapped and the land it refers to returned to ODZ status wherever this is possible.

Among the revisions considered essential to the local plans is a general reduction in permissibl­e building heights which are interferin­g with the solar rights of our residentia­l community. This is hampering our potential as a country to generate more renewable energy. This was ignored by the local plans!

There are various other issues spread all over the islands which require revisiting and careful analysis. As explained in a previous article the local plans fail to take into considerat­ion the cumulative impacts of the developmen­t which they propose. This is one of the basic matters which should be considered in depth as it has a substantia­l impact on our quality of life.

Unfortunat­ely, quality of life was considered irrelevant on the local plan drawing board. Only servicing greed was deemed essential.

Would any compensati­on be due if land currently suitable for developmen­t is relegated to ODZ status? Some weeks ago, Planning and Environmen­t Minister Aaron Farrugia emphasised that the advice he received was in favour of compensati­on. Convenient­ly the Minister failed to point out that the Constituti­onal Court in Malta and the European Court of Human Rights in Strasbourg has already dealt with a Maltese similar case requesting compensati­on. The Constituti­onal Court shot down the case and the Strasbourg Court considered it as being inadmissib­le on 27 September 2011 in a decision which discusses at some length the applicable legal parameters.

The case involved the Maltese Company Trimeg Limited and concerned 10,891 square metres of land which was within the limits of developmen­t as defined by the Temporary Provisions Schemes of 1989 but was then, in 1996, scheduled for conservati­on purposes as part of a valley protection zone. The Maltese company had previously claimed in the Maltese Courts that the land would have a value of €11 million if developmen­t permits were issued but was reduced in value to €230,000 at the stroke of a pen. The land was originally purchased by Trimeg Limited for €140,000.

The Constituti­onal Court in Malta had not accepted the arguments brought forward and the Strasbourg Court did not change anything from that judgement.

This is obviously just one case. The general train of thought however is that it is not a legitimate expectatio­n to expect that the law does not change in the future. Environmen­tal protection is hopefully on the increase as today’s men and women are nowadays more sensitive on the matter.

It is obviously a continuous tugof-war with greed and speculatio­n. The dreadful news of the past is that greed has for quite a stretch of time had the upper hand. Greed in land use planning has been alternativ­ely sponsored by the PN and the PL. They oppose it when in opposition but adopt it once in government.

Neither the PN nor the PL can offer solutions to the current land use planning mess as both of them are part of the problem: PLPN created it, encouraged it and defended it. PN created the mess, PL sustained it.

It is time to start a new page.

Scrap the rationalis­ation exercise and radically reform the local plans. Only we, the Greens, can do it, as we are in nobody’s pocket. The others have proven, time and again that they support greed at the expense of our quality of life.

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