Updated 1.15pm - The Sliema local council has agreed to appeal the narrowly-approved Planning Authority decision to grant a permit to the Townsquare project and its 38-storey tower, councillor Michael Briguglio has announced.

Earlier this morning he wrote to the councillors calling for such an appeal.

The PA board approved the project by the slimmest of margins last week, with the chairman being among those who voted against.

The representative of the new Environment Authority did not attend because of illness but the same authority has reportedly decided it will not be appealing.

In his letter to the other Sliema council members, Dr Briguglio had proposed that the council appeal the PA decision on Townsquare as various policies were ignored.

"Given that SLC is a registered objector, we have the duty to make sure that we used all options given to us by law to ensure that PA policies are adhered to. Many residents are expecting SLC to appeal against the PA decision," he wrote.

The law allows 30 days from the date when the permit decision is published on the Government Gazzette for an appeal to be filed.

NGOS TO FIGHT ON

NGOs have expressed bitter disappointment at the environment authority’s capitulation over the towers in Sliema and Mrieħel and have also vowed to take the fight into their own hands.

A photomontage of the Townsquare project .A photomontage of the Townsquare project .

The PA last week approved the development of four interlinked towers rising to a maximum height of 19 storeys in Mrieħel – a project by the Tumas and Gasan groups. In a second marathon session on the same day, it also gave its approval for the 38-storey Townsquare tower in Tigne, also by Gasan.

Environment Authority chairman Victor Axiaq was absent from the hearings due to illness. The environment authority therefore had no vote or real say in the process (although Prof. Axiaq did submit his views in writing). Residents and NGOs were left to battle it out.

The ERA's absence was particularly felt in the Tigné towers’ hearing since the permit was approved by a narrow margin: seven votes in favour and six against.

“It is unfortunate the ERA Board representative was not present for the meeting and was not substituted, leaving a void which could have made a significant difference to the outcome,” four environmental NGOs said.

The ERA did appeal to the authorities last May to allow a replacement when its representative could not attend, sources said. There has been no reply yet, weakening the authority’s voice in last week’s hearings.

The environment authority still has a powerful legal tool at its disposal – the right to appeal. This was one of the main measures promoted to sell the idea that environmental protection would be strengthened after the split of the Malta Environment and Planning Authority into two separate bodies.

But the ERA will not be appealing, saying it is satisfied that an environmental impact assessment was conducted. This is a requirement by law in any case.

It told The Sunday Times of Malta it was satisfied mitigation measures “were proposed to be included as conditions in the PA permit”.

This does not bode well for the expected deluge of 22 high-rise applications

One of the mitigation measures proposed in the EIA to counter noise pollution during the construction phase of the Sliema towers was for residents to keep windows shut.

Din L-Art Ħelwa, Flimkien Għal Ambjent Aħjar, Friends of the Earth and Ramblers Association strongly condemned the permits.

Residents, NGOs and the local council will now take matters into their own hands, saying they would be seeking every legal avenue and considering all possible options to stem “the tidal mess of towers”.  

There is a wave of quasi-national revulsion at the prospect of these proposed national coffins that will ruin our iconic skyline, our heritage and practically all aspects of life.- Lawyer Claire Bonello

“There is a wave of quasi-national revulsion at the prospect of these proposed national coffins that will ruin our iconic skyline, our heritage and practically all aspects of life,” lawyer Claire Bonello told The Sunday Times of Malta.

Representing the four NGOs, she stressed the decision would not be taken lying down: “In the case of Tigne, this 38-storey sky-scratcher will rise above the crumbling infrastructure that has not been upgraded for close to 20 years and where raw sewage springs out into the road – Sliema, the town of turds and towers”.

In the Mrieħel case, the PA refused to take account of the fact that the policy allowing tall buildings there was invalid, the NGOs said. This newspaper had revealed that Mrieħel was added in the high rise policy on a direct order from the Office of the Prime Minister after the public consultation had been closed.

This violated established legal procedures, NGOs said. “This does not bode well for the expected deluge of 22 high-rise applications… and proves the urgency of a national masterplan for high rise buildings,” the group added.

Former Mepa CEO Ian Stafrace yesterday said the process leading to the identification of the high rise zones should be public. Dr Stafrace said the fact that the Mrieħel and Sliema projects were brought up for a decision at the same time led to a generic debate and scrutiny of policy context rather than on the individual projects. Yet, they posed different challenges, he added.

Saying the local council’s opposition was significant in the Tigné case, he added that he disagreed with the move by NGOs to file a judicial protest in an attempt to stop the permit.

“The filing of a judicial protest against the individual members of the Board (distinct from the Authority) isn’t appropriate… the methods of contesting planning decisions are clear at law and decision takers should be allowed to take decisions serenely.”

Yet, the lack of credibility the PA is suffering over a series of permits approved in the face of public opposition, backed by a weakening of planning laws by the current administration, meant project opponents were seeking new means to counter the wave of development hitting the country.

“Last Thursday, those of us trying to stem the tidal mess of towers suffered a setback. It doesn’t mean the matter is settled. We’re exploring all legal avenues and considering all options. This is a cause worth fighting for – it’s not over,” Dr Bonello said.

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