Flimkien ghal Ambjent Ahjar continued this morning with the uphill struggle against over-development of what little open space there is left across the Maltese Islands.

The NGO held a press conference to protest against the pending development of yet another Public Open Space at Ta' Fgieni in Attard.

In addition to the press conference there was also a very good turn-out on the part of Ta' Fgieni residents and Attard Local Councillors of all three parties, in addition to Attard ex-Mayor Professor Henry Frendo.

Local residents expressed their indignation that their children were being endangered by having to play in the roads for lack of an accessible public garden and pressed for the urgent re-zoning of the square, presently an abandoned and overgrown area subject to two pending building applications.

FAA Coordinator Astrid Vella said that FAA has today submitted its official request to the Prime Minister to initiate the process of reviewing the Ta' Fgieni area of the Attard Local Plan. She emphasised that FAA is not calling for any curtailing of property owners' rights or requisitioning, simply the returning of the area to the Public Open Area designation that it previously had.

The Saga of Attard's Public Open Space

In November 2007 a press conference was called to alert the general public to undesirable changes which had been made to the Central Malta Local Plan affecting the area of ta' Fgieni behind Villa Bologna in Attard. A campaign started by Attard residents with the support and backing of Flimkien ghal Ambjent Ahjar has taken huge amounts of energy, time and resources but we have finally got to point where the authorities recognise that this is a genuine case deserving serious consideration, however the public is still generally unaware of the twists to this tale.

In the 1970s the Public Works Department designated an area behind Villa Bologna, known as ta' Fgieni, as a Public Open Space. Residents paid extra to buy property surrounding this site since it would eventually be landscaped as a 'pjazza'. When one of the residents went to MEPA to check the status of the site, prior to buying his property in 2002, MEPA officials showed him a petition presented by residents in the area, objecting to a 1998 building application which was in fact refused. Today the authorities insist that the site was earmarked as a Car Park and the residents are willing to accept this classification since the space would remain 'public and open' and could still be landscaped.

In 1992 the site was sold. The contract which is available in the land registry to anyone who wishes to see it, makes interesting and disturbing reading. Astoundingly, it shows that the land in question was sold for only Lm 1,000 due to the fact that the purchaser had convinced the vendor that he only wanted it as an orange orchard until it was landscaped as a pjazza. In order to safeguard the site's no-development status, the vendor insisted on the inclusion of the clause 'art m'hix fabbrikabili' to veto any future building on the site. Unfortunately for local residents, this clause is not legally valid as the purchaser's notary who drew up the contract omitted to insert the term 'in perpetuo.' This notary is now under investigation for fraud, having had his warrant removed. Despite the legal loophole, it is abundantly clear to anyone that the land in question was sold on the basis that it was not to be developed. It is this same ardent 'orange grower' who has now turned out to be a developer.

Over the years residents did lobby the Local Council and their MP about the Public Open Space and were repeatedly assured that in time the area would be landscaped. Therefore when the site was suddenly cleared in August 2007, it was presumed that the government was preparing to fulfil its promise. Obviously they were horrified on learning that, instead the land had been rezoned as a development area for 5 storey apartments with semi-basement garages and penthouses. Some years before the changes of the Local Plan, the same change had been requested and refused.

Residents contacted Flimkien ghal Ambjent Ahjar and Alternattiva Demokratika. Perit Carmel Cacopardo was engaged to advise them. When the residents approached MEPA, they were informed that they should have objected during the Local Plan Consultation period. However, the residents had not been aware that their square was under threat in the Draft Local Plan. Furthermore, since they had put forward their objections to development in that area to both the Attard Local Council and MEPA in the past, they trusted them to protect their interests. This trust was misplaced as demonstrated by the actions of the Attard Major Norbert Pace who used his casting vote against the residents and in favour of the developers, to dismiss a motion to contest the rezoning. It was also presumed that a rezoning which would have such a negative impact on the area would be impossible since MEPA bears the responsibility to protect the environment and the well-being of the residents. Indeed, the Central Malta Local Plan specifically states: "The Central Zone has one of the lowest levels of provision of recreation and sports facilities within the Maltese Islands. This implies that existing facilities should be protected, as their loss will inevitably be irreplaceable." MEPA Central Malta Local Plan - 2.5 Community Facilities. Also:

"MEPA designates Green Areas, Public Recreational Areas and Sports Areas as indicated in the relevant Area Policy Maps. Planning permission will not be granted for development resulting in the loss of Green Areas" MEPA Central Malta Local Plan-18 Public Recreation and Sports Areas.

Moreover, building up the ta'Fgieni Public Open Space would increase dust, flooding and traffic, as well as adding to over 3,500 vacant properties in the area.

Numerous Attard residents and environmental campaigners submitted letters to newspapers expressing their outrage at the rezoning. MEPA officials insist that there had been a Consultation period but it should be noted that MEPA's interpretation of Public Consultation at that time fell far short of the accepted meaning which indicates a full discussion of all changes to be made, with meaningful participation of both parties.

In October 2007 an application to build garages, a shop and apartments was posted on site, hidden behind wooden planks and another one soon followed, a further threat to the site. Attard residents are now calling for a formal ruling overturning MEPA's decision allowing development in the Public Open space at ta' Fgieni, which the residents in the area wish to see preserved as a public garden for all to enjoy.

The website www.saveattard.com gives a detailed timeline of events.

The Petition at http://www.ipetitions.com/petition/saveattard with over 1,200 signatures and many forceful comments speaks for itself.