A fateful decision by the European Commission on the 2005 extension to the development zones, which could affect hundreds of property owners issued with permits on what were formerly “green areas”, is expected to be taken in a month’s time.
Commission sources told MaltaToday that it will be deciding whether to issue Malta with a final warning on its extension of development zones “in a month’s time.”
In March 2007 the Commission had issued a letter of formal notice reprimanding Malta for not conducting an impact assessment on its plan to extend the development zones.
EU law states that an environment impact assessment should be conducted on any plan, commenced after July 2004, which has an impact on the environment. According to the same sources the commission is finalising its assessment of the “considerable amount of detailed information” provided by the Maltese authorities in response to the letter of formal notice issued a year ago.
This decision is bound to have explosive ramifications. If the Commission issues a final warning, the legality of permits issued on the basis of the new local plans would be doubtful.
Four environmental NGOs, in conjunction with 125 residents from all over Malta and Gozo, have already initiated a legal case against the government calling on the local court to declare the rationalisation “null and void” for being in breach of the SEA directive. If the Commission decrees the rationalisation illegal, environmentalists would have a good chance of winning their case.
On the other hand, if the EC accepts the Maltese government’s argument that no impact studies were required because the rationalisation was simply the continuation of a process commenced in 1991, environmentalists will lose their last chance to challenge the extension of building zones.
Back in March 2007, a Commission official told MaltaToday that “the amendments to development zones under the Structure Plan for Malta, without undertaking a strategic environmental assessment, were in breach of the SEA Directive.”
The Commission started infringement procedures against Malta following a nine-month investigation commenced in June 2006, after a series of questions sent by MaltaToday.
But more than a year after the first warning, the EC has still not issued a reasoned opinion as it is still assessing the information provided by the Maltese government.

jdebono@mediatoday.com.mt