An application proposing the construction of a fireworks factory in Ghaxaq is set to be discussed by the Planning Authority Board on Thursday.

The application has been ongoing since 2012 and the site is in the area known as il-Hbula, on Trejqet it-Torri ta' Kalamija, Ghaxaq.

The original case officer’s report back in 2013 had recommended that the application be refused, however since then things have changed. The case had been suspended pending the approval of the Policy on fireworks factories which was under revision, and more consultations with bodies took place after that.

“The proposal is now being reassessed in terms of the Fireworks Factory Complexes Policy, based on the updated replies from the relevant consultees and to the latest submitted drawings,” an updated case officer’s report read.

The application had last gone before the PA Board in 2022, however an incident saw the application discussion postponed, following questions raised by the applicant as to whether the local council representative on the board had a conflict of interest, to which the board postponed the meeting to seek legal advice.

The application has also seen opposition, where an online petition against the application had also taken place.

The Ghaxaq local council had filed an objection to the proposed plans. The council said that the site from where fireworks are currently launched is not more than 80m from the proposed development site. The council said that this is the only site in the locality where fireworks can be set off safely so that people can enjoy them from the squares during feasts. It also said that there are a number of heritage structures in the area, including Grade 1 chapels, and also raised concerns about how this development would impact accessibility to Torri Kalamija.

The council also highlighted the takeup of agricultural land by this proposal. Among other things, the council brought up that the proposed site is also close to an industrial zone where hundreds of people work, among other things. It said that this application proposes a threat to workers and families. It said that a risk assessment that the council commissioned, in the case of an incident around 2,020 people could potentially be impacted. “The construction of a new fireworks factory at ‘il-Hbula’ limits of Ghaxaq would result in new hazards and risks during the letting-off of fireworks by the Ghaxaq enthusiasts,” the council quoted from the risk assessment. While arguing that the application breaches policy, the council said that it collected 1,600 signatures against the proposal, and highlighted that there are already four fireworks factories in the locality.

According to the latest case officer’s report, the proposed fireworks factory will be located approximately 300m from the nearest development boundary.

However a few of buildings in the vicinity of the proposed fireworks factory were identified.

With reference to report submitted by the Explosives Committee, it was determined that parts of two existing buildings are located within the outer limit of the 183m range, the case officer’s report read. “The Committee also highlighted the presence of a residence in close proximity of the magazine, and which is located well within the stipulated 183m radius,” it continued.

“Notwithstanding this, it was concluded that none of the abovementioned buildings constitute an inhabited area as defined by Chapter 33 Explosives Ordinance of the Laws of Malta, article '2' stating that 'inhabited place' means any place in which there is an aggregation of houses inhabited, or capable of being inhabited, by more than one hundred persons.”

The report also read that revised drawings were later requested to ensure that the centre of the 'magazine' is located 183m away from the existing garages. “Other mitigation measures were taken on board.”

“Meanwhile, the presence of a chapel was also acknowledged (having the possibility of accommodating more than 100 people). Nevertheless, as indicated on the latest block plan, the chapel lies more than 250 metres away from the current site.”

From an environmental perspective and in relation to some of the reasons the case officer had originally recommended that the application be refused, the case officer wrote that the concerns had been raised in view of the proposal's location outside the limits of development, “which is bound to result in further intensification of development within an ODZ area, taking up good agricultural land and possibly compromising an Area of High Landscape Value.”

“Whilst acknowledging the above environmental concerns, it has to be pointed out that considering the nature of the development proposed, the proposal cannot be located within the development scheme boundary for safety reasons. Moreover, the location of the structures within the site was based on required specific distances between the stores, processing rooms, etc, which have been determined by the ad-hoc technical committee (…) in order to maximise health and safety.”

From an agricultural point of view, the Agricultural Advisory Committee (AAC) noted that the land is dry. “However, in view of the Committee's objection in principle against the construction of fireworks factory on agricultural land, and given that the fireworks factory policy permits factories on such land, then the AAC recommends the imposition of a planning gain to be used for the rehabilitation of agricultural land. Such recommendation has not been implemented in recent similar type applications, therefore no requests have been made in this regard,” the case officer wrote.

The case officer also noted that the site is “not located within, or adversely affects scheduled, listed, designated, or protected: i) Areas of Ecological Importance (Levels 1 and 2); ii) Sites of scientific Importance (Levels 1 and 2); iii) Areas or Sites of Archeaological Importance (including a buffer zone under Class A and B) or; iv) Special Areas of Conservation; or v) Special Protection Areas.”

From a cultural heritage point of view, the Heritage Protection Unit within the Planning Directorate had advised that there are a considerable number of heritage structures in the vicinity of the proposed development, including Grade 1 scheduled properties.

“Although the vicinity of these structures has raised significant concerns during the initial processing, it seems that the proposed development will not pose any direct impacts on the items of cultural heritage value. With reference to the existing chapel within the site's vicinity, it has to be noted that this lies more than 250m away from the proposed fireworks factory and therefore does not fall within the 183m safety buffer zone.”

The case officer noted that a cultural heritage study was submitted, “acknowledging two buildings of historical and architectural importance (Kalamija tower/farmhouse, Santu Kristu chapel), both of which stand just over 250m from the closest extremity of the site in question. As noted in the same report, only one room was identified within the 183m safety buffer zone, which however has no historical or architectural value.”

The case officer recommended that the application be approved.