Auditor raps MEPA

The auditor of the Malta Environment and Planning Authority (MEPA) nine days ago condemned the lack of public consultation in the process leading to government's recent approval of the Local Plans. He concluded: "MEPA failed to consult with the public on the substantial amendments and additions which were carried out to the Draft Local Plans after the original drafts were issued for public consultation." The auditor reached this conclusion after investigating complaints raised by residents of Santa Maria Estate in Mellieha.

A fortnight ago in this column I wrote that many families are feeling betrayed that Government excluded them completely from the drawing up of these plans. Consultation had taken place way back in 2001 when the first draft of the Local Plan was published but then this plan was shelved for five years and was smuggled hastily through Parliament with radical changes that were never submitted for public consultation.

The families told the auditor that as MEPA changed substantially the 2001 draft Local Plans, and no consultations were carried out on these substantial changes, the law has not been honoured at all. Government has approved these local plans without allowing adequate and serious consultation to take place throughout the drawing up process.

Local councils are right to feel aggrieved and even other families in Malta and Gozo feel threatened that building policies can be changed without properly consulting those whose lives are going to be disrupted by the new proposals. It is very revealing that in the case of the Santa Maria Estate, in the area between Tas-Sellum and the bungalow/villa area, where no high buildings were to be allowed, two years ago a speculator was already buying a bungalow as if he knew he could turn it into at least 20 flats once the new policies of allowing high building blocks (not allowed by the draft Local Plan of 2001) was to be introduced in the Local Plan approved this year. This is going to badly hit all the residents who live in villas and bungalows on the adjacent land who have always been obliged to follow building policies for the area.

The same goes for other residents who are being adversely affected one way or another by the new drastic changes included in the approved Local Plans. While most of the attention was concentrated on the new building extensions proposed by Government, the final versions of the Local Plans were smuggled stealthily through Parliament. Government has turned the consultation process on these plans into a complete travesty.

The auditor sought MEPA's version about the procedure used. MEPA admitted that the draft Local Plans, as approved by it, were published and the public was invited to submit representations. During the consultation period, MEPA received various submissions, all of which were duly assessed, together with other amendments prepared by MEPA staff. The finalised draft Local Plans were presented to the MEPA board for its approval. The board made additional amendments to them as a result of its deliberations. The final drafts as approved by the MEPA board were subsequently sent to the minister for his approval in terms of the Development Planning Act.

This left the auditor no other option but to conclude that MEPA's version "confirms the statement of the complainants that no further consultation with the public was carried out after the closing date for submissions on the original draft proposals".

The auditor points out that "MEPA is obliged to consult the public on the preparation of a Local Plan (vide Section 27 of the Development Planning Act) on a substantially wider scale than that applied by MEPA. The relevant provision in the Development Planning Act legislation which clearly explains the spirit of the law and the intentions of the legislator is Section 27 (2) (a) which reads: 'During the preparation or review of a subsidiary plan, the Authority shall make known to the public the matters it intends to take into consideration and shall provide adequate opportunities for individuals and organisations to make representations to the Authority'."

Limiting consultation unacceptable

The auditor also concludes that "irrespective of the manner in which the legal provisions were interpreted, the procedure adopted by the MEPA can easily lead to suspicions that any person or persons, within the MEPA structure, can omit crucial (and possibly controversial) policies at the initial stage and then include them in the Local Plan at a later stage, when no further consultation is possible. The potential for abuse in accepting the procedures as adopted by the MEPA is enormous. This clearly conflicts with both the letter and spirit of the Development Planning Act."

The auditor recommends that legal provisions should be introduced to ensure consultation at all stages of the preparation or amendment of a local plan: "Public participation in Land Use Planning is crucial to the democratisation of the planning process as regulated by the Development Planning Act. Adopting procedures which limit, or curtail this right, is unacceptable."

The auditor also stated in his report that his office "received an e-mail from one of the complainants where allegations of corruption were made against officers (not identified) of MEPA. The Audit Office does not have the resources or competence to investigate these types of allegations and has advised the complainant to refer the matter directly to the Commission for the Investigation of Corruption."

While happy that the auditor has confirmed that their complaint is justified, the Santa Maria Estate residents insist that there is no need to change the law to address this issue. They feel that Chapter 356 of the Development Planning Act makes it clear that MEPA had no right to change drastically the draft Local Plan published for consultation in 2001 and then approve it without submitting these drastic changes to public consultation. The residents feel that MEPA and Government should not be allowed to get away by saying "OK, we were wrong and are ready to abide with the law from now on". The flawed Local Plans should be reversed, otherwise all those who have been impacted negatively will be denied justice.

This is what a British resident of Santa Maria Estate told me after he read my column of a fortnight ago: "My wife and I retired to Malta four years ago from the UK, to enjoy an active and peaceful retirement after many years of running several public companies and our own family business. When we rang MEPA and complained about the negative consequence of a MEPA decision to allow illegal development to take place next to us we were told: 'If you don't like it go back to the UK!'

"MEPA agreed to a development of a four-storey extension to an adjacent property, despite the case officer's report recommending permission should be declined. Our Maltese friends advised us we were 'wasting our time' when the architect's name was noted on the plans. Planning permission was granted, despite the original building illegally built on the footprint of the plot. Our own architect clearly felt we were also 'wasting' our time, despite recognising the validity of our position. The development took away all our privacy and peace.

"We have spent in excess of Lm350,000 while in Malta, and continue to contribute to the local economy and pay our taxes. We know of several other EU citizens, also contributing to the local economy in a very significant way, who have become disillusioned with the authorities who allow unreasonable development, to the point they are moving away and will continue to do so , until this 'greedy' attitude is defeated.

All these people are not a burden to Malta, they pay taxes and give in many ways, taking nothing away from the economy, unlike those who avoid paying tax of any description, many of whom are property developers! We love Malta and its people (most of them), but we cannot but feel that the degree of corruption regarding building development has become 'blind' to the quality of life and the ongoing progress that Malta could, and should, achieve. Hoping you find support from others with integrity!"

evaristbartolo@hotmail.com