Planning Tribunal’s Decision Could Be A ‘Game-Changer’ For Mega Projects, Green NGO States
A recent landmark decision made by the Environment and Planning Review Tribunal (EPRT) regarding a mega-project proposed for Ħal Balzan has been welcomed by Flimkien għal Ambjent Aħjar (FAA), an NGO dedicated to protecting Malta’s environment and cultural heritage.
FAA has described the decision as a “game-changer for future mega-project applications” as it confirms that manipulating development control regulations to raise building heights is not a right in every context.
In this particular case, the Planning Authority’s commission ignored the objections of residents and NGOs and gave developer Joseph Portelli a permit to construct six floors composed of 90 apartments, shops, offices, a gym and garages on the site of the former Dolphin Complex. However, FAA, along with Din l-Art Ħelwa, Balzan residents and the Balzan local council, filed an appeal, which they won.
The FAA warned the project violated building depth regulations, infringed on the legal right to privacy and was a clear case of disastrous salami-slicing.
They said the EPRT decision has shown that projects that are clearly in violation of the spirit of planning regulations should be refused from the start rather than wasting taxpayer money to further developers’ ambitions through the Planning Authority tribunal process.
FAA has also called for legislation to outlaw the sale of property before all permits and appeals are concluded. This practice has caused great hardship to property buyers, as they are often left to battle for their quality of life against powerful developers who have the resources to manipulate the system.
The EPRT decision is a significant victory for those who have been fighting against unsustainable and unsuitable development projects that are destroying Maltese villages.
It is hoped that this decision will mark the beginning of a more coherent planning system that prioritises the rights of residents and the protection of Malta’s environment and cultural heritage.
This decision comes on the heels of a recent Law Court decision to revoke a permit for a pencil development, which is hopefully finally heralding the end of an era of rampant development that has destroyed heritage streetscapes, trampled the rights of residents and undermined the quality of life in Malta and Gozo’s towns and villages.
“The message is clear – developers cannot continue to ignore planning regulations and exploit legal loopholes to push through projects that are not in the public interest,” FAA said.
The EPRT decision should be seen as a warning to developers that their days of manipulating the system are numbered and that sustainable development should be considered the way forward.
Residents also, for perhaps the first time, have been affirmed their rights and this means that they will have stronger grounds of objections when it comes to future cases of ridiculous developments.
Do you think these decisions represent a possible shift in the tide?
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