NEWS | Wednesday, 11 February 2009

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Matthew Vella
Two companies have filed a judicial protest against the Sliema local council, for the hefty fees the council is charging for a scaffolding permit, and a bank guarantee against possible damages.
The companies, Nove Development and XXI Development, are the owners of a building in Rudolph Street, Sliema, which they are developing.
In their protest, the companies said they had asked for the necessary permits required for their activity from the local council.
They claimed that despite erecting a scaffolding that could still allow pedestrians to use the pavement beneath the building, the local council was demanding a payment for the hindrance created by the scaffolding.
On 12 December, 2008, the companies said they paid €3,039.40 to the council “under protest” for a scaffolding permit that covered the period between 27 October and 31 December 2008, and that now they were being asked for an additional €3,039.40 for another period.
The companies also said the council wants a bank guarantee of €4,660 for any damages that might be incurred throughout the construction works, when the laws only provide for a maximum of €233 to be collected from a company.
The companies said the council was now refusing to renew the scaffolding permit, claiming this was illegal since the pavements were free from any hindrance, and that the bank guarantee was higher than what was permitted at law.
The companies said the department of local councils had already warned Sliema mayor Marina Arrigo that it could not collect a scaffolding deposit or any bank guarantee.
They said they were facing considerable financial difficulties because of the council’s demands, and that they could not proceed with their works. They called on the council to withdraw their demands, and that they would hold the council responsible for any damages incurred.
Nationalist MP Edwin Vassallo recently asked the Prime Minister to investigate the Sliema local council for charging developers a daily charge of €46.58 for crane permits while residents conducting repairs in their own houses are only charged €2.33.
Speaking on behalf of building contractors irked by the Nationalist-run Sliema council’s
He also questioned the council’s practice of asking developers for bank guarantees for any damage they make to roads and pavements, when these are already charged by the Malta Environment and Planning Authority.
“This is one of the added costs businesses have to pay. It is also unjust because instead of eliminating abuse the council is making money from the same abuse by introducing tariffs.”
Vassallo also questioned the legality of these tariffs insisting that a bye-law should have been issued to introduce the charges.
According to AD councillor Michael Briguglio, the Sliema council is only charging contractors to help make up for the constant damage done to the locality’s infrastructure. “The government knows, at least informally, about the fee we charge and it has not stopped us from doing so. This system has been supported by councillors from all three political parties represented in the council.”

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