The Malta Independent 19 April 2024, Friday
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Court sends back Maghtab fuel station application to pre-approval stage

Monday, 24 June 2019, 11:31 Last update: about 6 years ago

A court has declared null all Planning Authority proceedings in the Maghtab Fuel Statin saga, held after the Board had switched its position to being in favour of the project.

The PA Board will need to again consider the application, whilst ensuring all documentation will be made available to the public.

This particular application was one which sparked the debate regarding the fuel station policy. The original application was for the full development permission for the relocation of an existing fuel station in Mosta with a new Fuel Station in Salina road, located outside the limits for development of Naxxar, which included: car washing facility, ancillary retail facilities and underlying garages as a replacement of two existing dilapidated farmhouses.

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The application was originally filed back in 2014, but had been turned down by the Planning Authority in 2016. The applicant then filed an appeal before the Environment Planning and Review Tribunal, who ordered that the application go back before the Planning Authority Bard, resulting in a decision to approve the development in January 2018, but only after the board indicated that it will vote against. Maghtab residents who were fighting against the construction of the fuel station then appealed themselves, arguing that the correct procedure in the meeting where the decision was taken on 11 January was not followed. The Environment and Planning Review tribunal agreed and sent it back to the PA board. But the residents also felt that they would not be given the opportunity to make submissions on revised conditions, and thus went to court.

Mr Justice Mark Chetcuti said that the Tribunal could have been clearer in its decision, and ordered that all proceedings held after December 2017 be null.

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