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FAA calls for protection of residents' rights

The Malta Environment and Planning Authority should intervene in cases of damage caused to neighbouring houses and injuries to residents during construction works, Flimkien Għall-Ambjent Aħjar(FAA) said.

The organisation also said that the Occupational Health and Safety Authority should not be responsible just for accidents at the place of work.

In a statement, the FAA referred to an incident at St Paul’s Bay on Sunday where a ceiling caved in, noting that the next door property was recently demolished and the site excavated.

“Although Flimkien Għall-Ambjent Aħjar is waiting for technical experts to submit their reports on this serious incident, the organisation comments, yet again, that it is unacceptable that notwithstanding past tragedies and several other cases where contractors have been found fully liable and grossly negligent, MEPA still has no remit to intervene in cases of damage to neighbouring houses and injuries to residents...

“In spite of the death of a toddler who fell down an uncovered shaft in Żebbuġ last April, no action has resulted from months of reports to the authorities regarding works in an old garden in St Paul’s Bay which have inflicted great damage to neighbours’ properties and left a well uncovered – a death trap for children playing in the area.”

The FAA said that ever since it was set up it has been demanding that action be taken to rectify this lack of protection for residents and their property.

“The authorities have recently taken laudable initiatives in sectors like heritage protection with MEPA’s scheduling of Villa Bologna and the Lija Belvedere along with decisive action to block harmful applications on these sites.

“This was followed by the Lands Dept long-overdue measures to stop encroachment on public land by cafes, restaurants and caravans.

“So why have the authorities been so negligent in their responsibility to protect residents’ rights? What are they doing now to ensure that there are no further serious accidents to citizens and damage to their homes? When will we see compensation to owners of damaged property, without them having to spend half their lives in court?”

FAA said that when the new construction site regulations were issued, they included the obligation on the part of developers to deposit a sum as guarantee to cover damage to pavements, but no steps to protect neighbours. The fact that residents’ rights were a question of justice, rather than environment, was no excuse for inaction - people had a right to receive speedy compensation for any damage they suffered and to live safely and at peace in their own homes, it said.

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Comments

Joseph V. Grech (on 9/10/08)
Well done to Flimkien ghal Ambjent Ahjar! When are our politicians (government and opposition) going to wake up to the unjust ...and highly dangerous... situation that exists. The P.M. and Cabinet certainly know that fatalities / near-fatalities continue to occur. Third Parties have had their residences severely damaged, their very lives endangered. The administration has a DUTY to protect citizens especially THE MOST VULNERABLE - since these are unable to institute costly, time-consuming cases in Court (as MEPA advises them to do). The OHSA will NOT get involved. A regulatory body needs to be set up...why not make Local Councils receive the complaints of their citizens, investigate on site, and, where appropriate, institute Court proceedings on behalf of their residents? I believe this happens in other countries,the U.K. included. The present administration will certainly be to blame if the status quo remains what it is and a single calamity / fatality ensues to neighbours as a result of abusive nearby construction. Protecting the environment is a worthy cause. Isn't protecting vulnerable people from the excesses of others during construction works just as laudable? This should be priority number one for any government worth its salt!
James A. Tyrrell (on 8/10/08)
Well said FAA. It seems absurd that regulations state developers have to deposit a sum as guarantee to cover damage to pavements, but no steps are taken to protect neighbours properties. This is just madness.

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