Controversial MEPA permit for kickback scandal protagonist

Frank Sammut, the man implicated in the kickbacks-for-fuel scandal, was awarded a questionable permit to change the use of an existing timber warehouse into a road tanker parking, despite a clear recommendation by MEPA's planning arm to refuse the permit.

On 15 December, the Malta Environment and Planning Authority's Environment Planning Commission approved the change of use of a warehouse to a garage for fuel tankers in Valletta Road in Paola, overturning a clear recommendation by the Planning Directorate to refuse the development in an area designed as a residential one.

The decision was taken by three votes against two, with chairman Franco Montesin and board members architect Anna Maria Attard Montalto and Bjorn Bonello voting in favour and architect Saviour Gatt and Anthony Ellul voting against. 

The reason given by the EPC for overturning the case officer's recommendation was that "the area is committed with similar developments and uses".

In the case officer's report, the development was deemed to violate the South Malta Local Plan, which designates the area as a residential one "where the parking of heavy goods" cannot be considered as "acceptable land use". The case officer report deemed the development as one constituting "bad neighbour development," thus conflicting with structure plan policies. It also concluded that the development could have been located in a nearby industrial area.

The report states that there is no reason why the proposed fuel tankers should be located in such an area which is predominantly residential in nature and in view of the storage of diesel the development could pose "additional danger and nuisance" to residents.

The recommendation to refuse was given despite a risk assessment report presented by the developer, which lists the possible hazards and makes a number of recommendations to improve safety. The hazards identified in the report included those linked to fire, lack of ventilation and the presence of hazardous substances.

The report

Interestingly, one of the "assessors" cited in the unsigned risk assessment report commissioned by the company, was Alan Bruno Olivier, a director and shareholder in Fuel Serve Ltd. - the company owned by Sammut which commissioned the report.

The other assessor was mechanical engineer Konrad Maistre, who informed the resources authority that the road tanker parking is of "low risk".

The report is cited as one of the reasons for the clearance for this development given by the Malta Resources Authority before the MEPA permit was issued.