Local councils should have enforcement arm, greater say on planning applications, Naxxar mayor says
Local councils should have an enforcement arm and should have a greater say on major planning applications, Naxxar mayor Chris Deguara told The Malta Independent on Sunday."The enforcement we are promised by government authorities is far from what is
Local councils should have an enforcement arm and should have a greater say on major planning applications, Naxxar mayor Chris Deguara told The Malta Independent on Sunday.
"The enforcement we are promised by government authorities is far from what is desired. In Naxxar we have Community Police officers, but there are only three or four of them, and they are not always on call. We get support from the officers, and I thank them for their work, but it is not enough because they have other things to do as well."
Enforcement is one of the biggest issues facing the country, he said in an interview with this newsroom. As examples of the kind of capabilities he suggested that local councils should have enforcement powers to issue fines for violations such as illegal parking and the unauthorised placement of tables and chairs on pavements.
"Councils must be the government of their locality as they are abroad. Let's take the tables and chairs issue. The establishments have their allotted area approved by a central authority. But is there anyone coming to enforce? No, not really. If I were to talk to the police officers about illegally placed tables and chairs, they would say it does not fall under their remit." He mentioned a number of irregularities in Naxxar itself, questioning where the enforcement is at, and said that he will soon hold a meeting with the minister responsible for the enforcement of tables and chairs to highlight issues going on in the town.
Regarding local council funding, he said that the €1m total increase for councils in the budget was not enough. "Whenever the council wants to undertake a new project, it can't just do so and needs to go fund-hunting. This either comes in the form of EU funds, through Planning Authority related funding schemes or through other government schemes." If the council opts to apply for EU funding, the project would need to be tailored to fit the funding criteria, he explained. Another problem is that local councils don't have the setup to apply for EU-funded projects and so spend money on employing companies to help submit such applications to get those funds, he said.
The mayor also believes that removing a number of responsibilities that councils had in the past was a mistake, stating that "the council knows what is right for its locality".
Regarding the Planning Authority, Deguara said local councils should have a far greater say on major planning applications in their respective localities.
Currently, a highly controversial application is making its way through the planning process, proposing a development on the outskirts of Naxxar. The application would see the construction of a home for the elderly on land located outside the development zone (ODZ) between Naxxar and Gharghur. The application proposes the construction of the home on 9,325 square metres of farmland along Triq Wied Anglu and Triq il-Vittmi tan-Nar in Naxxar, in an area which is close to the Victoria Lines and Birguma Quarry and overlooks the Gharghur countryside. The council is objecting to this application.
In recent years, two other elderly care home applications, both on sites located outside the development zone between Naxxar and Gharghur had made their way through the planning process. Both were approved despite the objections of the Naxxar council.
"As a council we are supposed to be the local government of the area, representing around 18,000 people. But on the Planning Authority Board we just have one single vote on major projects. Looking at it from this angle, it's a farce. If a major planning application requires 10 votes and I, as the mayor, am the only one voting against it, the application would still be approved. Is it fair? For sure not. I believe that as a council we should have stronger power in votes as we are representing 18,000 people. On those grounds this should change."
Asked to elaborate about the kind of change there should be, he posed the question: "why not have the option for councils to veto or give councils a higher weighting in the votes? It should be planned out so that if there are 10 votes on major planning applications, then the council should have at least five. As things are done today, councils having just one vote means anything can pass through despite the council's objection. I will still represent the residents of course but with just a single vote we will not break or change an application."
A controversial application
Regarding the present elderly home application specifically, he said the council has gone all out against this proposal. "In the first meeting we had as a council since the elections, we all agreed that we will pull the same rope, and that ODZ should remain ODZ."
While he said that there could be reasons why elderly care homes could be built on ODZ land, such as being of benefit to the community during a time when the population is ageing, there are also other reasons as to why this application should be rejected, aside from the council taking the stand that ODZ should remain ODZ. He said that the council, with assistance from experts, put together an objection which highlights policy and regulation breaches that such a permit would result in, detailing why the application should not be approved.
Further clarifying on the point he made that elderly homes could be considered for ODZ land, he said that: "If you are going to build an elderly home for a community then that makes sense, but building it under that excuse and bringing in new residents from outside the locality, then that defeats the benefit of the community argument."
"As a council we are not opposed to all applications on ODZ, but we strongly believe that ODZ should remain ODZ. We look into the applications and if we find that there should not be approval, as we did in this application, then we will strongly object."
There are other controversial applications in the pipeline. The old trade fair building in Naxxar has been earmarked for development with a planning control application to set the height limitations on the site having been filed in 2019 and is currently going through the planning process. The PA has yet to take a decision on the proposal which would allow for multiple blocks ranging from two to nine storeys. In 2019 the local council had objected to the proposal as it was at that time.
Meanwhile, a planning application for 136 residential units on the car park next to it was approved in 2021. This is not to mention another apartment block that was approved neighbouring the site.
Asked if he is concerned about the impact they will have on traffic, the mayor said he is. "I believe that such major projects, not only this but more to come, will have an impact on Naxxar for sure. For any large-scale project, specific guidelines must be followed; for example, a traffic impact assessment may be required. From our end, even if those go through, we are still sceptical as to what will happen." He said that blocks of flats results in more cars on the road.
Traffic
When asked if the road infrastructure in Naxxar is adequate to support the development planned for and around the old Trade Fair grounds, he admitted he does not know. "This council is committed to carrying out traffic studies" regarding the traffic flow, he said, with the aim of trying to find solutions. "You need to take the Naxxar square into consideration as well. The Naxxar parish church is, itself, a roundabout."
As to whether anything can be done in that specific area to cater for the increased traffic flow that will come about as a result of the projects, Deguara said: "Whenever there is major construction going on, the government needs to work on the roads." There are roads that have been opened up, he said, "but they are not opened up for the public currently as there are some legal issues with third parties which need to be sorted out".
"But we are concerned," he added. "It's not about the number of roads you create, but about the traffic. If everyone starts school and work at the same time, then you will have a major outflow of people leaving at the same time, and later arriving back at the same time. Look at what is happening next to the windmill in Naxxar, where there are four schools all in one area."
The council had backed the 2021 application to construct two blocks on the former parking area of the old Trade Fair grounds even when many residents opposed it. Asked for the reasoning behind that he said: "I would rather not comment since I was not in the lead position then."
Parking problems
Regarding the parking issues in the locality's centre, the mayor was asked whether he has ideas as to how this can be solved, or whether there are any spaces that can be used to create underground car parks. "We've been looking into the possibility. You need to find a balance between businesses and residents. Naxxar has become a hub of cafeterias, restaurants, etc. which is good, but as you can imagine parking is becoming a big problem, even for residents."
"As it stands, while there is a one-hour parking limit in areas around Naxxar centre's UCA area, we have issued a permit to residents of that area where, if they park in such a zone then that one-hour limit doesn't apply to them." The problem, he said, is that the government is not allowing the council to create more timed parking zones. Such zones can easily be spread all throughout the locality, where if there are for example 100 parking spaces in a road, 30 or 40 can easily be turned into one-hour parking slots where residents through a permit can park in those areas for longer. That way, at least you would ease the parking problem. Another option would be to create underground parking."
He said that there are three possible areas for underground parking in the centre, two of which do not fall under the local council's jurisdiction. One is the Naxxar Primary School, which is to be renovated by the government. "We held meetings with the Foundation for Tomorrow's Schools and I asked whether they considered underground parking, but it will not be taken on apparently due to the structure and underground rooms already found there."
Another possibility would be under the Oratory, which is owned by the Curia.
The third possibility is the playground in the centre of Naxxar. "It is a central hub which could easily be turned into an underground car park, but the local council does not have the funding for it, and so it would either need to be funded by the government or through a public-private partnership." He said the site could be turned into an underground car park, with a single level above ground level given the site is on a slope to house an indoor playground, five-aside football pitch and even a basketball court, with a garden on top. "It would make sense to move those amenities indoors he said as people would make more use of them given the country's climate." He said, however, that such a project would also likely see some backlash given some trees would need to be removed to make way for such a project.
The council is also working on a way to ease the parking issues during the parish feast, and possibly for any other major events. To this end, he mentioned that the government is rebuilding the ground next to the Naxxar Higher Secondary which will include 300 parking spots, and that the council is in talks with the government so that when they are not in official use, during the locality's feast for instance, the council would be able to set up a drop off system so people could park there.
Waste-to-energy incinerator concerns
Another point of contention in Naxxar surrounds the waste-to-energy plant that is planned to be constructed at Maghtab. The mayor had already publicly declared himself against the project at this stage.
The last meeting the council held with WasteServe about the waste-to-energy incinerator was around a month prior to the elections in June, Deguara said. "We had been invited by WasteServe CEO Richard Bilocca and shown around."
The council, he said, had decided to oppose the project. The council wants to see studies and documentation before taking a final stand, he explained. The council's main concern is related to health, Deguara said. "The incinerator is meant to have filters etc. but we have not yet seen any documentation," he said, adding that the council had told WasteServ that it wanted to be kept informed of any updates, but hasn't had any further updates since that meeting. "Before having thorough studies in hand we will not be ready to move from our position."
"I think we, and many residents, were surprised when we heard that the incinerator was coming to Maghtab, as it wasn't too clear that it was part of the Ecohive project."
As for more green spaces in the locality, the council has identified an area for a belvedere to be created, between It-Telgha t'Alla u Ommu towards Gharghur. "We plan on creating a space where people can go for walks, jog, have picnics, etc." He said that the council has filed an application with Infrastructure Malta for a funding scheme for this.
Additional projects under consideration by the council, but also need funding for, include replacing and replanting alien species of plants that are found in existing gardens with indigenous plants and making the areas more accessible through refurbishment.
Regarding the regulating of caravans, he said that the Council has set up a by-law, which, however, was never approved by the government. "This is another issue, that by-laws need government approval. The council had found an area along the coast road opposite the Ecohive entrance for caravans. The people who own caravans didn't want to stay there as it is in front of Maghtab. The changes made mean that anyone, anywhere can put their caravan for a mediocre fee, and that they removed the right of councils to approve or disapprove the placement of caravans.
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