The site of the Chalet in Sliema and two pieces of land along the Qawra coastline may not remain public even as requests to transfer several other sites into the public domain, for the enjoyment of all, remain in limbo.
The Planning Authority is currently running a public consultation about whether it should remove the three sites from the public domain.
It said the primary purpose of these requests was to proceed with “projects which will serve both private and public interest”.
This shows that the government has absolutely no intention of safeguarding and promoting public property in the interests of the public.- Lawyer Claire Bonello
The government has recently published a call for proposals for the Sliema Chalet that asks prospective bidders to take on a 65-year lease with a minimum capital investment of €3.2 million.
The other two sites lie close to each other on the Qawra seafront and appear to be occupied by private lidos.
Last year, the PA approved an outline permit submitted by AX Hotels to redevelop the seaside lidos of the Sunny Coast Hotel, Luzzu and the Seashells resort to be integrated with a “network of pedestrian spaces” that include a promenade walk and piazzas.
The project is set to include the demolition of some existing structures and excavations to create an underground delivery area and parking facilities. A conference centre, commercial outlets and food and beverage shops are also planned.
In June, AX Hotels applied for the full development permit to forge ahead with its promenade plans, which are currently at the vetting stage.
Public domain requests in limbo
Under a law passed in 2016, sites of environmental or cultural significance can be nominated for “public domain status”. Those accepted would have to be protected against unsustainable development, excessive commercial activity and environmental destruction and “preserved for future generations”.
NGOs submitted 22 sites, including Manoel Island, Comino, Pembroke, Simblija, Fomm ir-Riħ and the Ras ir-Raħeb headland, to be classified as public domain due to their established ecological and scientific importance as well as high landscape value.
However, these requests have lingered in obscurity and no effort to act on them has been made.
In a representation to the PA over the three sites proposed for declassification, lawyer Claire Bonello pointed out that, despite the introduction of the Public Domain Act, not a single site has been classified as public domain, notwithstanding requests by NGOs.
“This shows that the government has absolutely no intention of safeguarding and promoting public property in the interests of the public in the spirit of the law but only wants to commercialise more land purely for private interests,” she said.
No more access to Chalet foreshore
She also pointed out that the Chalet declassification would include the stairway giving access to the lower part of the site, effectively leading to the foreshore being declassified. This in spite of a 2000 development brief requiring retention of public ownership of the foreshore with unrestricted free public access and use of the site.
“In view of the fact that so much public open space has been encroached on and commercialised for private interests, the government should declare new areas as public domain so the pendulum does not only swing in favour of private interests,” Bonello said.
A spokesperson for Flimkien għal Ambjent Aħjar said that the classification of a site as public domain gives it special status and high protection and that a case for “overwhelming public interest” should be made by the government before those rights are signed away to private interests.
“Saying that ‘the main purpose of this request is to proceed with projects which will serve both private and public interests’ is not making the case for such an important change,” the spokesperson said.
“Before the case for change is made, FAA cannot comment on the specifics of the site but, from past experience, the takeover of the coastline has best served private commercial interests, depriving the public of its coastal recreation areas.”
Public consultation over Christmas?
The FAA also condemned the fact that public consultation was launched over the Christmas holiday period.
“This is a highly cynical tactic to discourage public discussion. An important decision like this that affects future generations should not only provide for more time but be actively promoted to engage the public. This is not a public consultation but a mockery,” the spokesperson said.
“The coast is considered as belonging not only to us but to future generations. Future generations cannot be deprived of the coast by our generation for a quick buck.”