Construction imbalance
Issues before the planning authority essentially pit two completely unbalanced opponents: a developer fronting a multi-million euro project with a war chest to match and, on the other side, ordinary citizens trying to object with practically no...
Issues before the planning authority essentially pit two completely unbalanced opponents: a developer fronting a multi-million euro project with a war chest to match and, on the other side, ordinary citizens trying to object with practically no resources to speak of. No way can they ever hope to match a developer’s deep pockets.
Having now been involved in a running battle against a monstrous project in San Ġwann, I can vouch that this imbalance is the main reason citizens cannot ever have their voices properly heard.
Objections have to be accompanied with facts and figures best presented by lawyers, architects or archaeologists. These cost a lot of money, sums that even a collective of citizens would find it hard to meet. The procedures one needs to follow present a complete maze for the ordinary citizen if unaccompanied by someone more knowledgeable.
Here I tip my hat to NGOs like Flimkien Għal Ambjent Aħjar, Din L-Art Ħelwa, Fondazzjoni Wirt Artna and others, all of whom make available their limited resources free of charge.
But this is far from sufficient. The Government has to be proactive. In the courts, if you cannot afford a lawyer one is appointed for you to ensure a fair hearing.
Why not set up a unit with the purpose of assisting citizens who want to voice concern over some issue or other?
It would have to exist outside the Malta Environment and Planning Authority and have knowledgeable staff who at least can direct citizens to the right quarter.
Collecting a simple plan from Mepa is impossible. Why? Because it is only architects and professionals who can pick up plans. Why not allow citizens to do so as well? After all it is they who would be the most affected. I have often had attempts at getting information being fobbed off and I get thrown all sorts of excuses, including the bogey of data protection (every functionary’s front line shield) and so on and so forth.
Throw the Aarhus convention at them (what is it, you get asked) and they have to surrender public documents. Sometimes they relent. Often it is an uphill struggle.
Why does anyone have to go through all this hassle, one stumbling block after another. No wonder the developer’s entourage of lawyers, architects, surveyors and so on win most of the time.