Developers file judicial protest claiming ‘abusive’ refusal of permit

Wied Ghomor Quarry Limited has filed a judicial protest before the First Hall of the Civil Court, in which it argues that it had been abusively refused a permit to build a residential home for the elderly and gardens in its quarry in the valley between San Gwann and Swieqi after ten years of negotiations.

The company had taken court action after it found out that the Planning Authority had decided to rezone the area to allow 11 villas to be built there. The meeting in which the decision was taken had not been publicised as it should have been and the quarry company was never notified, finding out from third parties the day before the hearing was due to take place.

The company had written to the PA to inform it that its legal representative would be unable to attend and ask whether another date could be fixed, but the PA had gone ahead with the hearing anyway, deciding in favour of the villa project, which is situated just 20 metres away from the site previously earmarked for the old people’s home project.

Apart from this, the applicant had been allowed to encroach on government lands and it was unclear at this stage whether or not this land was to form part of the villa complex, argued the protest.

The plaintiffs argue that the PA was using two weights and two measures, deciding on who gets permits depending on the identity of the applicant or developer. After denying the application, the authority was working to stop the plaintiffs from continuing to use the quarry “and this certainly to appease the prices of those who have been given the blessing to build villas in what is technically ODZ land full of carob trees.”

Lawyer Edward Gatt, signing the protest, said that the actions of the PA were irregular and gave rise to serious doubts about the transparency of the process. He demanded that the authority regularise its position in regard to the applications, failing which they would be liable in damages.