Flimkien għal Ambjent Aħjar (FAA) deplores the manner in which the decision on the Marsaskala “rooftop public garden” was summarily decided, taking the public back to the bad old days of pre-reform MEPA. FAA is representing Marsaskala residents in their struggle to protect their rights to retain a public garden in a former green area which was given over to speculation in the 2006 Local Plans as long as the roof “was to be improved as a public urban open space”.
This situation has been aggravated by the fact that the Outline Development Permit for this site was issued even though there were major outstanding planning breaches on site, including “Extended hotel garden, tunnel without permit and modifications from approved plans”. The abusive tunnel is not going to be corrected by this project therefore it is felt that the Outline Permit should never have been issued. It is of serious concern that this Enforcement EC/01237/96 is not mentioned in the Case Officer’s Report. The fact that the developer has closed off a public road has not been addressed either.
The issuing of the Malta Standards Authority Requirements for Public Playground Safety and Their Management has confirmed residents’ fears that the plans due to be approved do not comply with the basic safety requirements for street-level recreational areas, let alone for a far more dangerous public garden three floors up. The DCC Chairman dismissed the objectors’ requests to speak, claiming that they should have submitting their objections in writing, cavalierly overlooking the fact that residents had insistently requested a Health and Safety Risk Assessment of the rooftop garden, a request which was not acted upon.
MEPA’s granting this permit in spite of the lack of a fire and safety risk analysis and its non-compliance with these proposed regulations leaves users of this garden at risk of life and limb since the garden which is punctuated by 13 shafts lacks safety-assessed fencing and grills, and lacks shade as required by the regulations. Furthermore, the Local Council has given no indication of its readiness to provide the ongoing maintenance, periodic inspections cleaning, lighting and sanitary facilities necessary to ensure that this garden offers a safe and healthy environment.
It is felt that in granting this permit without first requiring a Safety Risk Assessment, MEPA is imperilling the lives of children playing three floors above ground. Given the number of recent accidents, and the death of a toddler in a garage shaft just blocks away from this site (at Triq l-Irmigg, in 2006), MEPA’s action can only be described as a highly irresponsible attitude towards safety.
Once again, all these goings-on raise concern on whether MEPA is attuned to the spirit of MEPA Reform. Therefore FAA urges Government to strengthen our inadequate safety legislation and to take firm steps to ensure that the letter and spirit not only of the Reform but of development legislation are adhered to by MEPA.