The decision of the Environment and Resources Authority not to appeal the approval of the controversial 38-storey Townsquare development was taken without consultation with the board, the Times of Malta has learned.
An ERA spokeswoman told this newspaper yesterday that the matter would be formally decided upon by the board “in the coming days”.
However, the authority stated on Saturday, two days after the permit was approved, that it would not appeal the decision.
Sources told the Times of Malta that the issue had been discussed only briefly by the ERA board during a meeting on Friday, where it was presented as a “fait accompli”.
The board was told that, as the authority had not raised objections during the Environmental Impact Assessment (EIA) stage, it would be “untenable” to object now, as it would appear that the appeal had been forced by public pressure.
Asked by this newspaper why there would be no appeal, the ERA said only that it was satisfied that an EIA, which was required by law, had been conducted and that mitigation measures were included in the permit conditions.
The board was told that, as the authority had not raised objections during the Environmental Impact Assessment stage, it would be untenable to object now
The ERA’s right to appeal 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.
The Townsquare project was approved by the PA board by seven votes to six after a marathon public hearing last Thursday, a few hours after the approval of an equally controversial development of four interlinked high-rise buildings in Mrieħel.
The Sliema local council has since stated that it will be appealing the decision as a registered objector, while environmental organisations have also said they will continue to seek all legal avenues to halt the “tidal wave of towers”.
The ERA’s inaction is compounded by the fact that chairman Victor Axiak did not attend the PA board meeting at which the controversial high-rise was approved, due to illness. His absence, which left the ERA with no vote or say on proceedings, was felt particularly because of the narrow margin with which the project was approved.
The chairman has refused to state how he would have voted had he been present, saying only that there would have been a number of considerations to take into account. Prof Axiak was also absent from the ERA board meeting on Friday, when the issue of an appeal was discussed briefly.
The question of whether the appeal decision had been properly discussed by the ERA board was raised earlier this week by MP Ryan Callus, the Opposition representative on the PA board, who cited the speed with which the authority confirmed its decision. “If this is so, it would be very disappointing,” Mr Callus said, raising concerns about political interference.
Considerable public anger has surrounded the approval of the Townsquare project. The Sliema council, residents groups and environmental organisations all criticised various aspects of the project vociferously, including the visual impact and incomplete information on drainage, fire safety and traffic.
Objectors also argued that no proper social impact assessment had ever been carried out as required by law, dismissing the document submitted nine years ago as inadequate and outdated.