The saga of Attard's public open space

In November 2007, a press conference was called to alert the public to undesirable changes that had been made to the central Malta local plan affecting the area of Ta' Fġieni behind Villa Bologna in Attard.

A campaign started by Attard residents with the support and backing of Flimkien għal Ambjent Aħjar (FAA) has finally got to the point where the authorities recognise that this is a genuine case deserving serious consideration. However, the public is still generally unaware of the twists to this tale.

In the 1970s, the Public Works Department designated Ta' Fġieni as a public open space. Residents paid extra to buy property surrounding this site as it would eventually be landscaped as a piazza. When one of the residents went to Mepa to check the status of the site, prior to buying his property in 2002, he was shown a petition presented by residents objecting to a 1998 building application that was in fact refused.

Today, the authorities insist that the site was earmarked as a car park and the residents are willing to accept this classification as the space would remain "public and open" and could still be landscaped.

In 1992, the site was sold. The contract, available for viewing in the Land Registry, makes interesting and disturbing reading. Astoundingly, it shows that the land was sold for Lm1,000 after the purchaser had convinced the vendor that he only wanted it as an orange orchard until it was landscaped as a piazza.

In order to safeguard the site's no-development status, the vendor insisted on the inclusion of the clause art m'hix fabbrikabbli to veto any future building on the site. Unfortunately for local residents, this clause is not legally valid as the term in perpetuo had not been inserted in the contract. Despite the legal loophole, it is abundantly clear that this land was sold on the basis that it was not to be developed.

Over the years residents did lobby the local council and their MP about the public open space and were repeatedly assured that in time the area would be landscaped. Therefore, when the site was suddenly cleared last August, it was presumed that the government was preparing to fulfil its promise. They were horrified on learning that, instead, the land had been rezoned as a development area for five-storey apartments with semi-basement garages and penthouses. Some years before the changes of the local plan, the same change had been requested and refused.

Residents contacted FAA and Alternattiva Demokratika. Carmel Cacopardo, an architect, was engaged to advise them. When the residents approached Mepa they were informed that they should have objected during the local plan consultation period.

However, the residents had not been aware that their square was under threat in the draft local plan. Furthermore, since they had objected to development in that area to both the Attard local council and Mepa in the past, they trusted them to protect their interests. This trust was misplaced.

It was also presumed that a rezoning that would have such a negative impact on the area would be impossible since Mepa bears the responsibility to protect the environment and the well-being of the residents.

Indeed, the central Malta local plan specifically states: "The central zone has one of the lowest levels of provision of recreation and sports facilities within the Maltese islands. This implies that existing facilities should be protected as their loss will inevitably be irreplaceable".

Also: "Mepa designates green areas, public recreational areas and sports areas as indicated in the relevant area policy maps. Planning permission will not be granted for development resulting in the loss of green areas".

Moreover, building up the Ta' Fġieni public open space would increase dust, flooding and traffic, as well as adding to over 3,500 vacant properties in the area. Numerous Attard residents and environmental campaigners submitted letters to newspapers expressing their outrage at the rezoning.

Mepa officials insist there had been a consultation period but it should be noted that Mepa's interpretation of public consultation at that time fell far short of the accepted meaning, which indicates a full discussion of all changes to be made, with meaningful participation of both parties.

In October 2007, an application to build garages, a shop and apartments was posted on site and another one soon followed, a further threat to the site.

Attard residents are now calling for a formal ruling overturning Mepa's decision allowing development in the public open space at Ta' Fġieni, which the residents in the area wish to see preserved as a public garden for all to enjoy.

A press conference will be held on the spot today at 11 a.m. and all members of the public who are concerned at Malta's loss of green spaces and quality of life are invited to attend.

The petition at www.ipetitions.com, with over 1,000 signatures and many forceful comments, speaks for itself.

A detailed timeline of events can be viewed at www.saveattard.com.