Malta Freeport Terminals is appealing a decision where it was ordered to pay €955,000 as compensation for possible negative impact on the Birżebbuġa community by four recently installed large cranes.
In a letter to the Planning Review Tribunal, the company expressed its formal objection to this financial contribution order, which was made on December 23 by the Environment and Planning Commission within the planning authority.
Technically known as a “planning gain”, the contribution goes to a special fund, which is then used to finance embellishment projects in the community and urban improvements.
In this case the planning gain was imposed as one of the conditions to sanction four larger cranes which had been installed a month before without a permit.
Located in terminals 1 and 2 of the Freeport, the height of these mammoth structures is just 10 metres shy of the power station chimney across the bay.
Contacted by the Times of Malta, architect Carmelo Cacopardo, who is a planning consultant for the Birżebbuġa council, noted how this industrial activity generated by the Freeport had affected the residents’ quality of life.
The contribution is actually modest when taking into consideration the noise disturbances and the light pollution affecting nearby villagers.
“The depreciation of the properties closest to the terminal, located next to the boċċi club, is a clear testament to the fact that this part of the locality has become almost uninhabitable,” Dr Cacopardo added.
This part of the locality has become almost uninhabitable
On his part, Birżebbuġa mayor Kevin Barun told this newspaper that by filing an appeal, the company had lost a golden opportunity to give something back to residents, who had borne the brunt of this industry for many years.
Asked if the council had already drafted plans on how to use the funds, he said that no such exercise would take place before ensuring the money was deposited.
“Though it is now up to the tribunal to decide on the matter, we have been assured by the Prime Minister that he has no intention of waiving the planning gain contribution as had been the case some years ago,” Mr Barun said.
Joseph Muscat made this commitment last week at a Cabinet meeting held in Birżebbuġa in the presence of mayors from the south of the island, during which Mr Barun raised this issue.
In 2012, the Nationalist Cabinet waived a €750,000 planning gain contribution which the planning authority had imposed in 2009 as compensation for extensive dredging works to expand the terminal.
Subsequently, the Freeport operators appealed, but in an unprecedented move the Appeals Board washed its hands and referred the matter to then prime minister Lawrence Gonzi, who was responsible for planning. The government replied that a final decision would be taken by Cabinet.
Though the decision to waive the contribution was taken in the summer of 2012, the council only learned about it two years ago, when it discovered no funds had been deposited by the company.