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MEPA, NGO argue over Attard open space

The Malta Environment & Planning Authority (MEPA) ithis afternoon categorically denied that the parcel of land known as Ta’Fgieni, in Attard (Near Villa Bologna) was ever earmarked as a green area or public open space.

Reacting to comments by Flimkien ghal Ambjena Ahjar (FAA), which is backing residents' calls for such open space, the Authority said that prior to the formulation of the local plan in 2002 this parcel of land was identified as a car park and not as a public open space.

When in July 2002 the draft local plan was issued for public consultation part of this land was indicated for development. The draft local plan always showed the intention for this area of land to be developed.

During the public consultation period and subsequent to that, the Authority never received a request or submission either from residents or the Attard local council objecting to this area policy. Neither did the Authority ever receive a request from the local council for this parcel of land to be turned into a public garden.

In the approved local plan that was published in July 2006 the rezoning of this area included a street between the indicated development and the walls of Villa Bologna and a green area around the castellated tower adjacent to the wall. The permitted development in this parcel of land is for a semi-basement, 3 floors and a penthouse.

The local plan did consider and safeguard the need for open spaces in the locality of Attard, infact beside a number of other open spaces in the area, some metres south of this land there is another open space that has been identified as a green area.

On this particular case the Audit officer commented that MEPA acted diligently when it slightly amended the zoning after the public consultation exercise. Infact related to this issue the courts found that there was nothing illegal with the rezoning of this area.

"The Authority will evaluate all development planning applications in accordance with the established plans and policies. The local plans are an approved policy documents that can get revised after two years from their publication", MEPA said.

The FAA said it was Attard Local Council which had repeatedly assured members of the public that the area would be landscaped as a Public Open Area or recreational area. MEPA's own maps showed it in turn as an widening of the road and a car parking area, while the one attached above which clearly proposed part of the area as a green area.

"It is due to all these conflicting designations that the residents were not fully informed of the situation at the time of the revision of the Local Plans.

"However the fact remains that the residents had made their wishes clear to both the Local Council and MEPA in a petition submitted to both, and which was recorded in MEPA's Ta' Fgieni file."

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Comments

Jeff Inguanez (on 18/5/08)
This is yet another issue where land-owners find neighbours against them when such land-owners exercise their right to build as their neighbours in the past.

It is very clear that this is a case of a piece of land that can in no way be described as a 'green area' (it's clearly surrounded by other buildings). It is also clear that this land is privately owned and thus can be built by its owners if the necessary permits are issued by Mepa as they were issued before when the residents built years ago.

The neighbours have no right to stop a land-owner doing what they did 10 or 20 years ago. It's rich, if not worse, for the neighbours to expect the owner of this piece of land to supply them with a car park rather than exercise his right to build as they did in the past.

The land owners who built first have no right to stop other land owners from building after them. That should be a very simple principle in a country where people should be treated equally and where we take our rights seriously.
M Camenzuli (on 18/5/08)
Property rights are property rights. No one has the right to decide on the development or otherwise of a piece of land except its rightful owner/s and the competent authority, Mepa.

The people who have built in the past next to this land obviously have a huge interest and one understands how disappointed they must be at losing an undeveloped area in front of them giving them views and light. But they are labouring under the very false impression that they have some 'right' over other landowners' property.

They have very obviously built on land that was in the past a green area - people who know Attard and this area know this. Now they cannot bar others from doing precisely what they themselves did in the past.
M.Borg (on 18/5/08)
@Mario Borg- Dear Mr.Borg if you don't know the facts just don't comment! We built here in the 1980's and the area was a development zone. The area which we are protesting against has been marked as an open space since we've built here and the issue is that they have changed all this! Infact we never protested at the development of the plots next to this land since they were always marked for development. We are protesting not for our views, we are protesting for a better quality of life for all of us before it will be too late! The developer is a pure speculator! He bought the land with the intention of building growing an orchard!..and all of a sudden the orchard turned into apartments.
So Mr. Borg if you are enjoying the quality of life with no open space and just claustrophobia deal with it! But we will fight till justice is done!
Bernard J Schranz (on 18/5/08)
How can MEPA say that it was never intended to be a Green Area when the SaveAttard.com website shows a MEPA plan with half of it shown as a Green Area? Similarly MEPA claims it did the right thing in re-zoning the site from an open area to a building area and yet 16 clauses of the Attard Local Plan recommend the opposite! Attard should have 2.4% of its area as open recreational space, and instead it has only half, 1.3% - that’s why the Local Plan says we should be adding on more open areas, not depriving this town's inhabitants of the existing ones! Yet again, how can MEPA claim that it “never received a request or submission either from residents” when in 1999 a group of residents submitted a petition against development on that site, which a witness saw in the file in 2002 – the same period when MEPA ran its public consultation in Attard, from 1999 to 2002!
Astrid Vella (on 18/5/08)
The reference of ‘Public Open Space’ which is what the Local Council used to confirm as the status of the land, refers to planning not ownership status. The land was sold to the present owners when they managed to convince the former owners that all they wanted it for was to plant orange trees. It was sold for about Lm1,000 in recognition of the fact that due to its designation as a public area, it would eventually be taken over as a car park or landscaped as a public garden. This was stated in the contract which is a public deed and can be viewed by all. Unfortunately the buyer’s notary left out a key phrase and the ‘non fabrikabbli’ clause, stating that it cannot be built upon is not legally binding.

No one is attempting to break property rights. Ownership of property does not automatically convey development rights. Only MEPA can decide on the planning designation of land and as in all cases, both the owners and the public have to abide by that. I am sure that the residents would be only too happy to re-purchase the land for Lm1,000.
Anthony Slater (on 17/5/08)
So the people that are moaning about MEPA and the 'green area' don't live in houses built on 'green areas'?

Attard was 'green area' once...


Mario Borg (on 17/5/08)
The land in question here is not 'public' at all but private land pertaining to private landowners who have as much right to build as the people who are protesting and who actually built on a green area in the 1990s. Now that they have built, these people also want to enjoy the rights on other owners' land, which is egotistic at best and downright breaking of property rights at worst. If these people want to enjoy rights and views over other people's land, there is something very simple they can do - buy it!
Cassar E. (on 17/5/08)
Does MEPA know that the E comes before the P in their acronym.
Carm Ellul (on 17/5/08)
How about Attard Council buys the site in question.
I am sure the people of Attard will loan the funds to the council who will then pay back in time the loan from the Government subvension provided to the Attard Council.
It will be an investment in the future of our village.
M.Borg (on 17/5/08)
Yet again MEPA is being arrogant and using the bulldozer power the authority has! Us residents are not asking for favours, nor cash- we are just asking for some air! Recently I received an e-mail saying that Dubai has 15% of the cranes in the world...well I must say that Attard has become just the same. In every corner you go through there are these tiny (disgusting) apartments being built, to a great contrast to the villas and bungalows Attard is renowned for.
MEPA is saying that prior the 2002 local plan the piece of land at Ta' Fgieni was designated as a car park...what a difference from apartments, shop and semi-basement garages being proposed!
The motto of Attard is "florigena rosis halo" meaning "I perfume the air with my blossoms"...yeah right..I guess this should be updated to "I fill the air with dust and diesel"
Robert Dimech (on 17/5/08)
I'm still counting the orange trees in the grove planted by the purchaser of this land back in 1992..................

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