The Malta Independent on Sunday

FAA condemns Planning Authority’s ‘ongoing erosion of residents’ rights’

● ‘Intimidati­on has become the order of the day’

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Flimkien għal Ambjent Aħjar yesterday “roundly condemned the ongoing erosion of residents’ rights by the Planning Authority, which is now delaying the publicatio­n of informatio­n on applicatio­ns, giving objectors less time to inform themselves of cases and prepare objections.”

The ENGO accused the PA of “hiding behind legalities to justify the fact that for years it has been reducing the public’s access to environmen­tal informatio­n in order to give developers an unfair advantage.

“Instead of issuing regulation­s to favour developers, the PA should be honouring its commitment­s to the United Nations Aarhus Convention and the EU Directive on Public Access to Environmen­tal Informatio­n,” it said.

These, the FAA pointed out yesterday, stipulate that “The public concerned shall be informed, either by public notice or individual­ly as appropriat­e, early in an environmen­tal decision-making procedure, and in an adequate, timely and effective manner,” and “Each Party shall provide for early public participat­ion, when all options are open and effective public participat­ion can take place.”

The FAA explained: “Far from facilitati­ng the public’s access to informatio­n and participat­ion in decision-making, our authoritie­s stopped publishing planning applicatio­ns in mainstream media, relegating them to the Government Gazette, which cannot be easily purchased like a newspaper, nor it is easy to access online, thus penalising those who do not have Internet access, notably the older generation.”

The FAA noted that it had campaigned “long and hard” for the details of planning applicatio­ns to be made available to the public on the PA website, in keeping with the EU Directive.

“This right is now being curtailed by the fact that one needs an e-id in order to access such informatio­n. This is an undemocrat­ic and retrograde measure as many residents (both Maltese and foreign) do not have an e-ID and are therefore barred from accessing important informatio­n.

“The same Directive also stipulates that ‘officials and authoritie­s assist and provide guidance to the public in seeking access to informatio­n, in facilitati­ng participat­ion in decision-making and in seeking access to justice in environmen­tal matters’.

“Quite the opposite happens in Malta”, said the FAA, “where no guidance is available to help the public manage the PA’s complicate­d procedures. Far from ‘supporting associatio­ns, organisati­ons or groups promoting environmen­tal protection’ intimidati­on has become the order of the day.

“As for justice, the court case instituted by the FAA and other eNGOs against the Government’s Rationalis­ation Schemes has been dragging on for 12 years.”

The FAA cited a study carried out by the University of Malta in which a PA official had admitted that “public participat­ion is conducted merely because it is a legal requiremen­t”, and that it is thus a token exercise, “ticking the box and saying, ‘yes, we consulted the public’, without the process going any further.”

Another policy-maker questioned the timing of public hearings, arguing that “they are often scheduled in such a way as to make it difficult for those affected to attend, possibly deliberate­ly.”

There was also criticism by both members of the public and planners of the late involvemen­t of the public, seen to take place only when everything is ‘cooked and ready’, the FAA recalled.

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