Caqnu enforcement? Pull the other…

On the eve of an environmental protest, a well-choreographed action on Charles ‘Caqnu’ Polidano seems to send the message that government has no strings attached to the construction lobby. But its policies promoting all sort of construction development points to the opposite direction.

Charles Polidano: the Murdoch of Maltese construction
Charles Polidano: the Murdoch of Maltese construction

Let's give Labour the benefit of the doubt, and assume Thursday's enforcement action had nothing to do with Saturday's protest, and that the government is simply doing its duty. Contrasted to the previous government's reluctance to enforce the law, the enforcement action at Montekristo comes across as a refreshing change. It was only in September 2012 that MEPA actually embarked on a direct action on Polidano Bros, despite 55 pending enforcement orders.

Now, the sudden appearance of the normally reclusive Charles Polidano on NET TV raises questions on the Nationalist Party's stance on this issue. Will it try to exploit Polidano's blackmail, or will it back the government in confronting this rampant abuse, irrespective of the action's suspicious timing?

Still, it is difficult not to suspect that facing an environmental protest triggered by a series of controversial planning decisions and policies, the government is using Polidano - a veritable symbol of construction omnipotence and cowboy-capitalism - to prove a point that is actually contradicted by all its other actions during the past months.

For this is a government that is an expert in the art of political symbolism and theatre. By attacking a symbol of abuse and target of environmentalists who coined the 'Vote Gonzi Get Caqnu' slogan, the government seems to be seeking legitimacy for planning policies which would simply give a free ride to developers.

So even if the government is hell-bent on enforcing the law, and intends moving against the Armier squatters and all other illegal developments on this island, it would be simply doing what is expected of any government: enforce the law of the land. 

What is really problematic is that this government is changing the goalposts of the law to permit more development, making what is presently illegal to do, legal.

  1. Take high-rise. By allowing high-rise development in localities like Sliema, Marsaskala, Gzira and St Paul's Bay, the government is effectively giving construction magnates a field day.
  2. The policy on outside-development zone (ODZ) development is also in clear breach of the existing Structure Plan. Not only does this policy allow new development right in the middle of areas of high landscape value and or buffer zones to Natura 2000 sites, but it is ridden with loopholes intended at accommodating all sorts of development, ranging from wineries to stables and dwellings - most of which cannot take place according to present policies.

So it is downright hypocritical to enforce the law while changing the same law to accommodate more development where it is presently not allowed to take place.

But the worst aspect of the current's government lack of environmental sensibility is the way it is blitzing the country with policies which are being carried out in a vacuum.

Instead of first updating the Structure Plan and declaring its vision, the government is twisting planning rules using different 'policies' which seem to have one thing in common: allowing more development where it was not previously allowed.

A logical sequence would have been to first update the Structure Plan, then update the local plans, and only then, issue specific policies on high-rise and ODZ.

Because in the meantime, government has issued expressions of interest for land reclamation and a yacht marina and cruise terminal in Gozo, in the absence of any policy regulating these developments. It shows that Labour is keen on kick-starting construction development by twisting planning regulations to accommodate it.  

At best, the Polidano action merely sanitizes this process. Government expects developers to stop behaving like cowboys and act like law-abiding capitalists, with no reason to break a law that will serve them well. It's an evolution from outright banditry to a rationalization of pro-development policies.

It may well be the case that this reflects Joseph Muscat's frame of mind. He is willing to accommodate developers, as long as they play by the rules he bends to accommodate them.

Let's not forget that legally permitted developments have already ruined our skyline. The creation of rules which further tilt the balance in favour of developers is the main reason why I will attend tomorrow's protest in City Gate Valletta at 10:30 am.

Ultimately, what counts are the policies.

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Interesting article James but I dont agree with you from a political point of view. In politics you cannot simply say stop hunting or stop further development because if you do interested people will simply act outside the law or stretch its spirit.The most powerful will also get away with blatantly ignoring it. It is much better that you contain the problem by putting in a weaker workable law and ensure that everyone has to work within the parameters of the law even if you and I are lumped with a weaker legislation. Yes then for legislation and its enforcement but no at least in the short term to idealistic barriers and restrictions.
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James you have jumped the gun and wasted a bullet because 1. Caqnu backed down 2. The weather has surely mucked up the environmentalists' plan for a protest.The environment worked against the environmentalists and you.
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James you have jumped the gun and wasted a bullet because 1. Caqnu backed down 2. The weather has surely mucked up the environmentalists' plan for a protest.The environment worked against the environmentalists and you.
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Cowboy? What the hack are you talking about? It has taken this new MEPA, and this new Administration, to rein in Caqnu (vide dispassionately the news items quoting Caqnu himself)! Caqnu has been operating outside the law, but within the hallowed walls of politicians-in-command for at least the last 20 years. Now he as others is being brought to conformity.
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I guess some proponents for "change" commenting on this newspaper are rather blinded by red sometimes. We cannot not laugh at the whole hoax of this rather elaborate plot. We have the courts taking decades to issue simple contraventions against small time thieves then we have such a complicated case being immediately decided within a few hours. Wow, Caqnu must have some really powerful friends in this Govt. Great article James, keep up the good work where some in this newspaper are falling quiet now.
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Guzep_ Although the name is still MEPA, there have been a change in the people responsible for Mepa. What happened two days ago at Hal-Farrug is a result of this change ! GonziPN is no longer responsible for Mepa !
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Is this all politics in the making? Mepa has served the Polidano Brothers multiple warnings during the past years and yet up to this day instead of tearing down those illegal structures, the Polidano Brothers kept adding more illegal structures on their property. I think that this government got caught with their pants down because of the protest set for tomorrow. So here comes Mepa, a government run agency threatening the Polidano Brothers that they have broken the law. They have been doing that for years and nobody, especially Mepa elected to do anything about it except issue notices which it seems the Polidano brothers totally ignored. Somebody still to be determined warned the Polidanos that Mepa is coming and they are bringing the AFM and the Police with them to execute their warnings. It is finally time to take action Mepa is saying. Well the environmental protest is tomorrow and for now, Mepa cannot enter the Polidanos property because of a court injunction, so by Monday everything will return to normal and Mepa will go away and the Polidanos can live happily ever after. And mepa can go back to tearing down Girnas and sheds illegally built in the middle of nowhere.
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Iddahhax James, "it would be simply doing what is expected of any government". When did you last put that forcefully to GonziPN? Mind you, I totally agree with that statement. But I have always been consistent in calling ALL parties to comply with the law and protect the environment.
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James, you are a credit to this newspaper. When I read Big Ben with millions of euro going concern arguing on Australia Hall. When I see what is planned by Tumas Group with land reclamation. I say why ic-caqnu. I have no sympathy to non of them. My property that I bought 50 years ago with a front view has been buried with tall buildings and strangely enough my neighbour houses are empty. Proset James, the law is supposed to be blind and equal to all but politics is ruining it all.
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A very clear line of argument James. I would be tempted to go a bit further, supported by your line that in fact Govt.is opening the floodgates to development. The rapidity with which Caqnu obtained his injunction suggests that he had ample warning of pending action. After all, only last week the MEPA case officer who massaged his Lidl (LUQA) application and was "reprimanded" for it, was actually promoted. The enforcement orders on Monte Kristo were there much before last March. Even that is now 9 months ago. I fear the Parrugia-Musumeci duo are not very good playwrights -- their 'plots' are a little transparent.
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your articles are so biased! you are truely a pn follower
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I'm sure if it's not Caqnu it will be some other big developer ..... some SC?
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Why one shouldn't read James Debono's articles, 'Let's give Labour the benefit of the doubt, and assume Thursday's enforcement action had nothing to do with Saturday's protest, and that the government is simply doing its duty.' Start by talking about a MEPA enforcement by talking about a GOV enforcement. (y) A reason why one should read James Debono's articles? Well they are totally funny so if you are in a bad mood these might help :)
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Caqnu for president! As he was not in your opinion poll together with none of the above!