The planning authority overstepped its authority and compromised its decision-making role in the site selection process for the new university in the south, according to lawyers specialising in planning laws.
They said the law required Mepa to make decisions on whether a particular development was permissible in certain areas only after proper assessments were made.
By suggesting the Żonqor site in outside development zone for the new university, a site Mepa is empowered to protect, the regulator compromised the impartiality of its decision, the lawyers argued.
“The site selection process in this case is legally dubious. The law obliges Mepa to take a decision on the basis of certain information presented and its representatives have already expressed themselves in favour of the project. Mepa taking a stand in favour of the site was a big mistake,” one lawyer said.
They spoke to Times of Malta on condition of anonymity, pointing out they had cases before the planning authority they did not wish to compromise.
“Mepa can’t say this is the preferred site before studies have been done. The authority simply can’t give its nod without the proper assessments. The due process of planning law has not been followed,” one of them said.
Prime Minister Joseph Muscat said in an interview with The Sunday Times of Malta the land was earmarked in the contract as the preferred site but nothing was binding.
Mepa said it had carried out a “pre-site selection process” in areas in the south where land belonged to the government.
From the sites provided, a comparative analysis was made and Żonqor proved to have “the lesser impact”, the planning authority added.
Mepa taking a stand in favour of the site was a big mistake
But the lawyers who spoke to this newspaper wonder whether Mepa had overstepped its authority. “It is certainly pertinent to question whether it is beyond the powers of Mepa to select the site.
“What is certain is that its role is to ensure the site’s protection. Mepa does not have the remit to recommend where development should happen.”
Mepa said the studies would be done after the application for development was submitted. It said the applicant was obliged to carry out a full site selection exercise together with studies on what alternative building technologies could be applied as part of the environment impact assessment.
Times of Malta has requested a copy of Mepa’s preliminary assessment on the basis of which it recommended the site. The newspaper wrote to Mepa chairman and environment director Vince Cassar a week ago citing the obligations of the Aarhus Convention, which gives the public the right for information on decisions related to the environment.
The planning authority has so far not acknowledged receipt of the request.
The law transposing the obligations of the convention into national law states that if the information is available it should be provided immediately or, at the latest, within 30 days.
The preliminary assessment so far remains under wraps.
The Nationalist Party spokesman for planning, Ryan Callus, who is also a Mepa board member, also asked for the document through a parliamentary question.
He did so too during last week’s Mepa board meeting without being given any feedback. “This is unbecoming of an authority that should be independent. Mepa is no longer an authority, it has become a government canvasser,” Mr Callus added.
He stressed the board was not consulted before the recommendation for the Żonqor site was made by the office of the CEO, Johann Buttigieg.
“The Mepa CEO confirmed he acted on the site selection following a government request when it should never be the authority’s remit to select sites. Its task is to determine their suitability through a transparent planning process,” Mr Callus said.
caroline.muscat@timesofmalta.com