The developers' view of how the high rise buildings will look from Mdina.

The Planning Authority “was not involved in any way” in the controversial inclusion of Mrieħel in the high-rise buildings policy, which took place after the close of public consultation, the authority has claimed.

A court this week rejected an injunction filed by environmental groups against the PA hearing an application by Tumas and Gasan for the development of four new towers in Mrieħel, which cited among the issues the manner in which the locality had been designated for high-rise buildings.

Mrieħel was not listed as such an area when the Floor Area Ratio policy was issued but was later included in the final version, which environmentalists say could represent a breach of EU and national law, as the public was not given the opportunity to object.

In its decision on the injunction, the court quoted the PA as stating that “with regards the widening of the policy to include high-rise buildings in the Mrieħel industrial area, the authority was not involved in any way, as the document was drawn up and approved by the minister concerned as provided for by [the Development Planning Act].”

The PA is set up to be an autonomous body making decisions independently of the government.

However, according to the articles of the Development Planning Act quoted by the authority, all policies prepared by the PA are forwarded to the government after public consultation and prior to finalisation.

The government can then propose changes, which are forwarded to the PA to be included in the final document.

The Times of Malta previously reported that the government made three submissions to the PA on the Floor Area Ratio policy, which were considered during a board meeting behind closed doors after the close of public consultation.

One of the submissions, seen in the board minutes, read simply: “Appropriate locations for tall buildings: Add Mrieħel.”

Environmental groups say the way the process was carried out was in breach of the Aarhus Convention and the relevant EU directive. The directive states: “The public participation procedures shall include reasonable time frames for the different phases, allowing sufficient time for informing the public and for the public to prepare and participate effectively during the environmental decision-making.”

SIMON BUSUTTIL REACTS

In a reaction, Opposition leader Simon Busuttil said in a tweet that the prime minister waxes lyrical on keeping politicians away from planning, but this case showed what he actually did in practice. 

In a statement, the Nationalist Party said the PA’s admission was clear proof of political interference and backdoor dealings by the government.

“The government’s decision on Mrieħel is a clear example of Joseph Muscat’s hard-headedness,” said environment spokesman Ryan Callus. “If Muscat wants to be taken seriously, he should reopen the public consultation process.”