The Sliema Tower Controversy - Michael Briguglio

In my weekly column in the Times of Malta I write about the controversy relating to the Townsquare and Fort Cambridge highrise proposals.

You can read the article here:

https://mikes-beat.blogspot.com.mt/2018/05/the-sliema-tower-controversy-michael.html

https://www.timesofmalta.com/articles/view/20180507/opinion/The-Sliema-tower-controversy-Michael-Briguglio.678426

Victory!! 38 storey tower back to the drawing board

Today the EPRT did not approve the construction of a 38-storey Gasan Townsquare tower in Sliema and developers have to resubmit plans. It had policy infringements, incomplete impact assessment studies and objections by Sliema Local Council, ENGOs, ERA and residents.

On another note we are also requesting a proper evaluation of the proposed development of the Fort Cambridge 40-storey tower just up the road in Sliema. We will keep up the struggle to defend residents' quality of life.

Townsquare appeal decision on 3 May

The Townsquare appeal decision will be read on 3rd May 2018 at 13.00

The venue will be the Environment and Planning Review Tribunal - further down the road from the Planning Authority.

Sliema Local Council, Flimkien għal Ambjent Aħjar, Friends of the Earth Malta, the Ramblers Association and the Qui si-Sana and Tigne' Residents association had appealed against the PA decision to approve development of a 38 storey highrise.

How Sliema towers will break historical skylines and views

James Debono (Malta Today) reports on how the proposed 38 and 40 storey towers in Sliema will break historic skylines and views.  Read more here.

The Fort Cambridge Highrise EIA is currently subject to public consultation until 23 February. Read more here.

The Planning Authority has failed

A few days ago I was interviewed by Kevin Schembri Orland, The Malta Independent, about the Planning Authority, development and the property market. You can check it out here.

No one should allow this to happen

See also: Controversial Townsquare project decision may be appealed - a victory for civil society - Read here

Sliema council, ERA, NGOs ‘have no right to appeal’, Planning Authority lawyer claims

Representation on the Planning Authority when Townsquare projected was approved means that Sliema council, Environment authority and green NGOs have ‘no right to appeal’, lawyer argues

Miriam Dalli - Malta Today 10 November 2016


The Planning Authority has argued that the Sliema local council, the Environment and Resources Authority and green NGOs had “no right to appeal” the PA’s approval of the Sliema high-rise tower.

Appearing for the Planning Authority, lawyer Robert Abela told the appeals tribunal that the parties had already been represented on the Planning Authority when the project was given the green light.

“Incredible. In today's Townsquare appeal, the Planning Authority lawyer argued that Sliema Local Council, Environment Resources Authority and eNGOs have no right to appeal. One step forward two steps back. Case to continue in near future,” Sliema councilor Michael Briguglio said on Facebook.

On the day of the approval, ERA chairman Victor Axiak was not present due to medical reasons. The ERA later announced it would appeal the decision, arguing that it had “sufficient legal and substantive arguments” to appeal the case.

The Nationalist Party called the PA’s intervention today as “a blow to the environment”.

“This is a blow to everyone who thought that the environment and local councils would have a stronger voice as a result of the MEPA demerger. What the PA is arguing today confirms that the environment has been relegated to the second division,” the PN said.

The Opposition accused the Prime Minister of creating “a corrupt establishment” that is not interested in the public’s collective interest and the environment.

Townsquare developers are sending leaflets to residents

The Townsquare developers are posting leaflets to Tigne' and Qui-si-sana residents, informing them that an office will be open near Union Club for any queries and information on the 'approved' project.

This type of public relations campaign is uncalled for, especially when the project is subject to an appeal after submissions by Sliema Local Council, the Environment and Resources Authority, Din l-Art Helwa, FAA and associated ENGOs. Coincidentally, the first hearing of the appeal will take place on Thursday 10 November, 2pm at the EPRT in Floriana.

In the run up to the PA board meeting on the proposed development, the Townsquare developers never took up the Sliema Local Council proposal to hold a public meeting with residents and with the participation of the local council.

Master Plan in Reverse

Michael Briguglio

Times of Malta 10 October 2016

When it comes to big development projects, the Labour government is gambling excessively on the big developers’ card.

Rather than relying on evidence-based policymaking, the government assumes that big developers have some magic power to cater for Malta’s social, economic and environmental needs.

This is a far cry from having a national master plan which would verify opportunities, risks and alternatives. Instead, Malta is experiencing a series of development proposals which simply ignore the respective cumulative impacts on Maltese society.

Gasan’s Townsquare project in Sliema is a case in point. One of Malta’s most congested areas will have a 38-storey high-rise, 159 residential units and various commercial outlets, unless the approved project is reversed in the upcoming appeal process.

Townsquare has a shortfall of 234 parking spaces and will result in an estimated increase of 3,500 cars daily in the area. The Sliema local council has been left in the dark about a required ‘green transport plan’ and waste management, and there is no sewage impact assessment.

The project’s social impact assessment is incomplete, outdated (it was carried out almost a decade ago) and says nothing on mitigation measures.

Save for some exceptions, the assessment of the project practically ignored the 40-storey development proposal at Fort Cambridge, just a few metres up the road. Not to mention new high-rise development at The Point in Tignè.

The Planning Authority approval of high-rise at Mrieħel also has clear shortcomings. This joint project by the Gasan and Tumas groups was approved without a master plan for the area. It comprises a lack of 498 parking spaces, and will result in an estimated daily increase of 2,700 cars in the vicinity. As in the case of Townsquare, the PA decision on this project could be reversed through an upcoming appeal process.

The government assumes that big developers have some magic power to cater for Malta’s social, economic and environmental needs

In the past days Maltese society learned of further proposed mega-projects, including land reclamation and high-rise at the ex-Jerma site in Marsascala and the government-sponsored Paceville plan.

The latter is currently undergoing a public consultation process. Here, new high-rise development is being proposed in what seems to be a wish list of certain big developers.

Perhaps the most controversial project in the Paceville plan is the land reclamation project by and for the Tumas group. When the original Portomaso development was proposed, residents and other stakeholders were promised that no further development will take place, but this condition was already broken once through the approval of further development, so what the hell?

Now, what is being proposed is the reclamation of land next to a marine special area for conservation, which, incidentally, was already damaged by Portomaso development some years ago. The land reclamation will mostly comprise residential and hotel development, and a 15-storey building height of Preluna dimensions.

The Planning Authority has said the Paceville plan will be subject to a strategic environmental assessment. But this inevitably raises a question. How come strategic environmental assessments are not being carried out elsewhere? And this, in turn, raises a more pertinent question which the government refuses to reply: why is the government not carrying out a national master plan on high-rise, land reclamation and other mega projects?

Given Malta’s small size, it is only reasonable to have national studies on ecological, social, economic, traffic, waste and other impacts before accelerating the auction of development proposals.

Such studies could estimate Malta’s carrying capacity for such projects, the economic risks and opportunities of relying on such a development model, and the impact on our road arteries, which, in many instances, are already clogged.

Such studies could also show how necessary financing of public infrastructure is going to be carried out, and whether such financing is really a priority compared to other infrastructural needs in the country.

What is stopping the government from commissioning a national master plan?

Din l-Art Ħelwa files appeal on Town Square project

Times of Malta 28 September 2016

An appeal on the controversial permit for the ‘Town Square’ project at Tigne in Sliema was this morning filed with the Environment and Planning Review Tribunal by Din l-Art Ħelwa.

Permit for the high rise building was granted by the Planning Authority on August 4.

In a statement, Din l-Art Ħelwa said it believed this over-sized development would have a devastating effect on the Maltese landscape and the daily lives of many people.

“The Planning Authority has ignored the concerns of the public. This is unacceptable, especially for such massive projects with huge and permanent damage to us all.”

The 38-storey Town Square skyscraper will be sandwiched between existing homes and shops.

“People who visit, work or live in the area will face terrible traffic and parking problems, and neighbours will be deprived of sunlight. Its promoters have ignored or downplayed the difficulties and inconvenience that the project will cause for the entire Sliema community,” Din l-Art Ħelwa said.

 Its appeal is supported by Nature Trust Malta and the Malta Archaeological Society. 

The organisation is being assisted by lawyers Dr Cedric Mifsud, Dr Malcolm Mifsud and Dr Catherine Mifsud.

Townsquare Tower: Sliema Local Council files appeal

Sliema Local Council has officially filed an appeal before the Environment and Planning Review Tribunal (EPRT) in relation to the Planning Authority’s recent granting of the permit for Townsquare development. This development includes a 38-storey tower.

Sliema Local Council is basing its appeal on the objections it has already raised during the initial submissions and hearings at the Planning Authority prior to its permit approval.

Skyscrapers - Stop the Greed Campaign - Do your part

Environmental NGO Din l-Art Helwa will be appealing against the decisions by the Planning Authority to grant permission to the highrise development projects at Townsquare, Sliema and Mriehel respectively.

You can do your part by giving a donation to Din l-Art Helwa. 

Din l-Art Helwa is seeking to raise at least €8,000 to cover costs related to the appeal process and other legal steps to challenge the decisions that are to alter Malta forever. All expenses will be accounted for.

For more information, and to give a donation, click here .

Townsquare project: Where do Sliema’s elected MPs stand?

Tim Diacono
Malta Today 1 September 2016

Debate on the Townsquare tower at Qui Si Sana has raged on since its approval by the Planning Authority earlier this month, with the Sliema council, residents, environmental NGOs, and student organisations all vociferous in their criticism of it. Yet, the MPs who have been elected on the tenth district to represent residents of Sliema, Gzira, St Julian’s and Pembroke have so far been conspicuous by their absence from the public debate. 

As such, MaltaToday sought to discover the personal opinion of the seven MPs on the 38-storey tower, that will be developed by the Gasan Group. The three Nationalist MPs who spoke to this paper all said that their personal views identically reflect those espoused by fellow MP Ryan Callus who, as the Opposition’s representative on the Planning Authority board, had voted against the project. 

The harshest criticism came from Robert Arrigo, who claimed that the project “reeked of pre-election deals”. 

“The change in government got the change that some developers wanted, and not what switchers wanted,” he told MaltaToday. “The Nationalist Party in Opposition stood tall and voted against it. Voting for change has never been translated so harshly. 

“My opinion is that this project is out of place, without a real and proper master plan involving all entities. The PA hearing scene could have come out straight from a film, nicely rehearsed, well-executed, where the Environment and Resources Authority chairman [Victor Axiak] was absent without a representative, and another individual [PA board member Timmy Gambin] not divulging an important memo which could have shifted the final vote.

“This permit opens all the doors for others to apply, anywhere, for high-rise projects. With this vote, the logic we know, was thrown out of the window.”

Opposition MP Francis Zammit Dimech warned that the project would be detrimental to Sliema residents and to the surrounding environment.

He was also open to the possibility that a future PN government could seek to find legal means to halt the project in its tracks for the benefit of residents. 

“It will all depend on what stage the development would have reached, and it is ultimately not in my remit,” he said. “However, my opinion is that if the project can be legally stopped then it should be, for the sake of the quality of life of residents, as well as of the environment.” 

MP and former environment minister George Pullicino said that he is fully behind the PN’s policy against the project. 

“The PN’s policy on the matter is very clear. Ryan Callus didn’t just vote against the project, but gave concrete reasons as to why he did so, largely related to the lack of impact studies. My personal position is exactly the same as his.” 

Also, Karl Gouder – who was sworn as an MP earlier this year to replace Albert Fenech – said that the PN is still hopeful that the Prime Minister listens to the pleas of Sliema residents against the project.

“The PN could never be in favour of a project like Townsquare that will leave a huge impact on Sliema residents,” he said.

“The PN, including myself and other colleagues from the 10th district, worked closely with the Sliema local council both before the hearing, and after it, and the Sliema local council will in the coming days lodge a formal appeal to the project.”

‘Townsquare shows need to tighten property development laws’ – Bartolo 

Education minister Evarist Bartolo has focused his criticism on the procedure that led up to the PA’s decision to approve the Townsquare project. 

In an opinion piece for MaltaToday, he questioned how Gasan was able to get away with merely acknowledging that noise pollution and increases in vehicle emissions would be a “major” concern in its impact assessment, without offering ways to mitigate them.

“The process is being done and the law is being followed, but the analytical depth of the established process leaves a lot to be desired,” he wrote. “In theory, going up and not sideways makes plenty of sense. The strategy is definitely sound. However, in my view, the tactics need to be improved on different fronts: holistically, at procedural level, and ultimately through implementation. This is very much a political matter – laws need to change to make sure that regulation and safeguards are improved.

“The fixation on a particular project will come and go, but real progress and change will only happen once we address the structural issues of the regulatory and policy framework in property development.”

Labour MP Michael Falzon, on the other hand, refused to divulge his personal opinion on the controversial project. 

“Planning policies and legal procedures must be adhered to, including for Townsquare, which is a project like all others,” the former parliamentary secretary for planning told MaltaToday. “However, I will not give my personal opinion on the project itself.”

Competitiveness minister Manuel Mallia was not available for comment by the time of writing. 

Sliema’s MPs and Townsquare

Lino Briguglio, Professor of Economics, Director, Islands and Small States Institute, 

University of Malta

Times of Malta - Sunday 28 August 2016 

The following MPs received the highest number of votes on the 10th electoral district (which includes Sliema) at the 2013 general elections: George Pullicino, Robert Arrigo and Francis Zammit Dimech for the Nationalist Party, and Manwel Mallia, Michael Falzon and Evarist Bartolo for the Labour Party.

Given the support they received from the Sliema people, one expects that these MPs stand up for the interests of their constituents. I am sure they are aware that the Sliema people are extremely worried about the proposed Townsquare high-rise building.

There are a number of reasons for this concern, including the extreme inconvenience that will be caused to residents, over many years, during the excavation and construction phase; the uglification of the Sliema skyline; the increase in traffic that will be generated in a highly congested area; and the heavy shadows the tower will cast on the Qui-si-Sana coastal area.

I wish to ask these honourable gentlemen whether they are in favour of such a development, and if not, may I take the liberty to suggest that they should express their views on this matter, primarily in Parliament, and also in the newspapers and the social media.

Sliema council's Townsquare appeal to focus on PA's 'flawed procedures'

Philip Leone Ganado - Times of Malta, 19 August 2016

The Sliema local council’s appeal against the controversial Townsquare development will be based on “flawed procedures” and the failure of the Planning Authority to adhere to legal requirements.

In a meeting on Wednesday, the council unanimously agreed to appeal the PA’s decision to grant a permit for the 38-storey development, which has been vociferously opposed by residents and environmental groups.

The council is made up of seven Nationalist Party representatives, three from the Labour Party and one representing Alternattiva Demokratika.

AD councillor Michael Briguglio, who spearheaded the call for the council to appeal, told the Times of Malta: “The appeal is purely a legal matter. We will focus on areas where, according to our legal advice, the PA did not conform with the law and did not follow procedure.”

Appeals against the decision can be filed up to 30 days after the decision notice is published in the Government Gazette, which is expected by the end of August.

The council is currently meeting its lawyers to formulate the grounds for the appeal. Discussions are also ongoing with heritage NGO Din L-Art Ħelwa over the possibility of a joint appeal.

The Townsquare project, proposed by the Gasan Group, was narrowly approved by the PA board earlier this month by seven votes to six, a few hours after the approval of an equally controversial development of four interlinked high-rise buildings in Mrieħel.

Environmental organisations have said they would continue to seek all legal avenues to halt the “tidal wave of towers”.

It is still not known whether the Environment and Resources Authority (ERA) will submit an appeal, as it is empowered to do by law following the split from the PA.

The authority initially said it “did not envisage appealing” days after the decision was taken, but it since appears to have backed down from that stance, with chairman Victor Axiak stating this week that he would be meeting with lawyers and experts before coming to a decision.

The Sunday Times of Malta reported that Prof. Axiak had expressed reservations about the controversial high-rise project in a memo to fellow PA board member Timmy Gambin. The memo, which was not referenced or read out during the hearing on the Townsquare project, had described the environmental impact assessment for the project as a “sham”.

Prof. Axiak was absent from the PA board meeting due to illness, leaving the ERA with no real say or vote during proceedings.

Sliema local council unanimously agrees to appeal Townsquare tower

Tim Diacono
Malta Today 17 August 2016

The Sliema local council has unanimously decided to appeal against the Planning Authority’s decision to approve a 38-storey skyscraper in Qui Si Sana.

However, an informal council meeting to debate the potential appeal was marked by PL councilor Lisa Cassar Shaw’s criticism at the way the project has become politicised and the media coverage of the meeting. 

The request for an appeal was proposed by Alternattiva Demokratika councilor Michael Briguglio, a vocal critic of the project that will be developed by the Gasan Group. All councilors agreed with his position, and the council’s appeal will be formally lodged within 30 days after the publication of the PA’s decision in the Government Gazette.

Outflanked by the majority PN council, Lisa Cassar Shaw insisted that the project should not have become politicized and that the media should not have been allowed to film and cover the meeting.

“We are here to represent the residents and the issue has become too politicised,” she said. “I have nothing against the media, but this was an informal meeting and it wasn’t the place for it.”

Briguglio retorted that the project was politicised by the Prime Minister’s aide Glenn Bedingfield on his personal blog.

“Bedingfield polticised the issue when he criticised me and asked where I was ten years ago. I was here ten years ago, at this very same table,” he said.

PL councilor Marianne Aquilina struck a more diplomatic tone, arguing that no political party should try and take political capital out of it and that the council should unite in favour of Sliema’s residents.

Sliema mayor Anthony Chircop said that planning lawyer Ian Vella Galea has agreed to represent them in this case, upon which Briguglio requested that the council also seek the aid of lawyer and environmental activist Claire Bonello.

“She was at the PA hearing and knows the case inside out, apart from the fact that she is also a Sliema resident,” he said.

The council also agreed to meet up with environmental NGO Din l-Art Helwa, who had sent them a letter to request that they appear as parties to the council’s appeal.

Briguglio said that the presence of Din l-Art Helwa will strengthen the council’s case, as its arguments are always based on careful research.

“It would make more sense for there to be one strong appeal, rather than two appeals that could trip each other up,” he said.

PN councilor Pierre Portelli said that student organisation Youth 4 the Environment had also approached them to ask to co-appeal the planning decision.

“Whoever we get on board, the main focus should be that the strategic planning for the appeal is done from the council and that we will be the authority to spearhead the appeal,” he said. “We don’t want anyone to piggyback the council.”

The Townsquare project, will comprise of 159 residential units, 4,719 square metres of offices, 8,241 square metres of commercial space and 748 parking spaces. It is set to become Malta’s tallest building, dwarfing the 23-floor Portomaso tower.

The tribunal is chaired by planning official Martin Saliba, and also includes architect and Freeport chairman Robert Sarsero and lawyer Simon Micallef Stafrace, a former Labour candidate. Due to planning conflicts of interest, Sarsero is often substituted by Labour-leaning lawyer Andy Ellul.

Townsquare: Correspondence between ERA chairman and PA board members should be published

ERA chairman won't say what he thinks of skyscraper plans, still no decision on appeal

Times of Malta 12 August 2016

Environment Resource Authority chairman Victor Axiak is "not yet ready" to share his thoughts on the planned skyscrapers in Mrieħel and Sliema, given that the ERA has yet to decide whether to appeal the Planning Authority's decision to green light the developments. 

Prof. Axiak, who sits on the Planning Authority board, was roundly criticised by civil society organisations for having missed the controversial hearings due to illness. 

In a personal statement sent to the media, Prof. Axiak said he had submitted a request asking to nominate a proxy to the board when members could not attend "well before this matter erupted." 

He said the PA board chairman, board secretary and Environment Minister had been informed of his inability to attend the meetings on August 2, the same day he was discharged from hospital with instructions to rest for at least two weeks.

Prof. Axiak defended his decision to hand the memo outlining his thoughts to a solitary board member, Timmy Gambin, saying he did this to avoid exerting "unjust and unfair" pressure on other PA board members. 

"With hindsight, I do not expect others to share this view, but that is not my problem," Prof. Axiak wrote, adding that he had full faith in the integrity of all PA board members. 

Dr Gambin chose not to read out Prof. Axiak's memo about the Sliema Townsquare project during proceedings.

"I had specifically asked this member to make use of my memo as the member may seem fit, during the discussion. Furthermore we agreed that this would not in any way condition the way such member would be voting," Prof. Axiak noted.

On August 4, the PA gave the green light to a 38-floor skyscraper in Sliema, and another four in Mrieħel.

'We are watching you' - CSN

In a reaction, the Civil Society Network urged Prof. Axiak to make his memo publish, arguing that all correspondence between himself, the ERA and the PA board should be published. 

It argued that the PA's decision to approve skyscraper plans ran counter to existing policies and was made despite the absence of a masterplan on high-rise development. 

"Civil society is closely watching ERA's actions and expects it to put the environment before other considerations," the network said.

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Planning board knew ERA chairman would be absent from controversial PA meeting

James Debono - Malta Today 12 August 2016

ERA chairman refuses to publicly state position on Sliema skyscrapers • Confirms absence from controversial Planning Authority meeting was due to surgery

A highly controversial meeting of the Planning Authority which approved high rises in Sliema and Mriehel took place despite the knowledge that Environment and Resources Authority chairman Victor Axiak would be absent due to health reasons.

In a statement issued today in his personal capacity, Axiak confirmed that he was admitted to hospital on July 30 to be operated the following day. He received specific instructions not to attend to his normal duties for at least two weeks.

“I immediately informed [everyone] that I will be indisposed for the PA board meetings of August 2 and 4,” Axiaq said, confirming that the Envrionment Minister, the Planning Authority chairman and board secretary had been made aware of his absence.

The Sliema project was approved by a majority of just one vote.

Axiak was reacting to environmental organisations which expressed "dismay" at the absence of ERA from such an important meeting.

In a joint statement issued yesterday, Flimkien Ghall-Ambjent Ahjar, Friends of the Earth and the  Ramblers Association said they would have asked for an adjournment of the meeting had they known of Axiak's absence.

Axiak also said that he "was not yet ready" to publish his opinion on the planned 38-storey tower in  Sliema, given that the ERA had yet to decide whether to appeal the Planning Authority's decision to green light the development.

In a statement issued yesterday, Civil Society Network called on ERA to publish all correspondence between its chairman and the Planning Authority on the matter.

Axiak had sent a detailed memo on both the Mriehel and the Sliema tower high-rise projects to board member Timothy Gambin, telling him to use the email as he deemed fit during the meeting. However, only Axiak’s views on the Mriehel towers were read out.

Gambin, an expert in underwater archaeology, voted for both projects during the public hearing. Contacted by MaltaToday, he preferred not to explain why Axiak’s views on the Sliema project were not relayed during the meeting.

"I specifically asked this member to make use of the memo as he deems fit, during the discussion. We also agreed that this would not in any way condition the way this member would be voting,” Axiak said.

He explained that he sent it to just one board member to as not “to place unjust and unfair pressure on such members”.

“With hindsight, I do not expect others to share this view, but that is not my problem. Furthermore, I have full respect and trust in the integrity of all Board members including the one to whom I sent this memo,” Axiak said.

Axiak told MaltaToday that after the meeting he also sent a copy of this memo to ERA board and to Environment Minister Jose Herrera.

"I thought that I owed them a full explanation on what had happened as a result of the media coverage on this matter,” he said.

Axiaq has refused to publish the memo in view of ERA's pending decision on whether to appeal against the two developments.

"I am not yet ready to publish the contents of this memo since ERA still needs to decide whether to appeal or not, against the PA's decision on these two high rise development."

In the part of the memo addressing the Mriehel proposal, Axiak questioned the quality of the photomontages presented by the developer especially the one depicting the view of Mriehel from Mdina. The development was approved by ten votes against two.