The circus should have never been allowed to set up at the old trade fair grounds parking lot in Naxxar because the site is within a residential area, according to the Environmental Ombudsman.
However, Circo Fantasy will stay put because the planning authority disagrees with this conclusion which, essentially, has no legal weight because the Ombudsman’s powers were non-executive.
David Pace, the Ombudsman’s Commissioner for Environment and Planning, recommended that the Malta Environment and Planning Authority should object to siting the circus there. He argued that the area was listed as residential and allowing the circus there went against Structure Plan policy for temporary land use.
However, Mepa chairman Austin Walker informed Mr Pace that he disagreed with this conclusion and that the regulator had taken zoning into account when registering its no objection.
Given the outcome of the case that was of public interest, Mr Pace decided to publish the decision by sending all documentation to the media – as allowed by law.
On October 17, Naxxar residents wrote to him complaining about the local council’s decision to allow the circus in their neighbourhood between November 8 and December 9. They claimed this caused health and safety hazards and created traffic congestion.
Mr Pace noted that the local council accepted the request to set up the circus in August but residents only found out about this in October when the council minutes were placed online.
The permit was first granted for the circus to set up in a field near the car park that abuts onto Marquis Scicluna and St Paul streets. Residents objected and signed a petition.
In September, residents sought a clarification from Mepa expressing concerns over the Naxxar site as it “may cause nuisance to the surrounding residential area” and went against Structure Plan policy for temporary land use.
The site of the circus was eventually moved to the trade fair parking area and Mepa issued a no objection. Residents only learnt about the permit after it was granted.
“Local councils need to exercise greater sensitivity in dealing with such requests for use of land where the use could potentially raise conflicts with the amenity or character of the location or which could give rise to objections by the community,” the Environment Commissioner said.
Mr Pace noted that the reasoning applied by Mepa on the first site applied to the second one – the site was listed as residential in the Structure Plan.
“The temporary nature of the development should not give a carte blanche to bypass provisions of the Structure Plan and subsidiary policies,” he said. This had to be made clearer in the law by introducing clearer provisos, he recommended.
The Ombudsman’s office then communicated the recommendations to Mepa and the chairman sent a letter saying he could propose the recommended amendment.
However, Mepa noted that it “does not agree that the proposed activity is incompatible with this residential zoning of the area”.
In the past, the site attracted thousands of people and could, in future, attract fairs and conferences again.
“The recommended site boasts similar characteristics to the one chosen on an annual basis at the Floriana Granaries, which is an open area with residents at a distance,” Mr Walker said.
He added that the decision was also guided by the local council that was democratically elected.
“The authority is certain the local council… prior to issuing its clearance for this event took into consideration the impact that this temporary activity would have on its residents,” it said in a statement issued yesterday.