(Adds FAA's reply)
The Victoria council said today it will take all action possible to prevent the planning authority from stopping its project at the centre of town possibly leading to loss of European funds.
It said in a statement it had always cooperated with the authority and provided all information requested in a timely manner.
However, it had now become clear that the authority (Mepa) was basing itself on the “unfounded allegations and protests” of the non-governmental organisation Flimkien ghal-Ambjent Ahjar, particularly those of the group’s main exponent, Astrid Vella.
The group has been protesting against the uprooting of trees and said last month that an inspection by the former assistant director of the Environment Protection Directorate Alfred Baldacchino and international arbor consultant Ian Lansley revealed their deplorable state.
Mr Lansley reported “serious and extensive damage” to the root zone placing the trees in serious jeopardy, not only from lack of water but also from high winds due to their instability caused by this root damage.
In its statement, the council said that the authority threatened to halt its €1.7 million project, which had now reached a delicate phase and any delays could spell the loss of European funds.
“Therefore, conscious of the responsibility that the same council has towards the management of such funds, the council has unanimously agreed to take all the actions deemed necessary against Mepa, so as to ensure that this discriminatory, arbitrary and abusive attitude against the council comes to an end.”
The council said it remained committed to ensure, through all legal means possible, that the will of the majority of the residents of Victoria was fulfilled, and that the trees were relocated.
These trees, it said, had seriously damaged archaeological remains in the area for which it acquired funds to scientifically unearth for appreciation by the public.
The council said that it had lodged an appeal against Mepa’s decision with the Environmental Review Tribunal in October and filed a judicial protest in court on December 23.
It seemed, however, that all its attempts were futile as Mepa was more concerned with the protests of a single individual, rather than a local government’s legitimate demands, the council said.
FAA does not rule out legal action if trees die
In a reply, FAA insisted that the trees in Independence Square were protected by the Trees and Woodlands Protection Act so the council’s demand to uproot them was actually a demand to break the law.
The NGO said that even if the council’s proposal to relocate the trees was legitimate, this could not be done at this stage due to the re-enforced concrete cap already in place.
“The correct method of relocation would be very costly and require the removal of the concrete that has been laid. If there is indeed archeology beneath the trees, any relocation programme will only cause further destruction of the archeology which will be damaged in extracting the roots,” FAA said.
FAA said that contrary to what the council was claiming, it was the uprooting of the trees against Mepa’s decision that could put EU funding at risk as such action would violate not only Malta’s laws, but also EU climate change guidelines.
“Given that the damage caused by the local council’s work has put the trees at risk, the FAA does not rule out taking legal action against the council if the trees die,” it said.
FAA said that the council’s actions would expose residents to higher rates of asthma, cancer, heart disease, dementia and mental illness. The existing trees, it said, could be incorporated into the project layout, unless other private or commercial interests that were not declared were at play.
It said it had repeatedly offered the council the services of Mr Lansley for the best possible outcome for the project to be obtained.