Flimkien għal Ambjent Aħjar (FAA) said Wednesday it welcomed Chief Justice Dr Mark Chetcuti's decision annulling the Planning Authority's permit (PA 680/22) to build the so-called Transport Malta 'Capitanerie' made up of a small office, a few showers, a retail outlet and a sizeable restaurant with outside tables at the Gzira Marina/Ta'Xbiex promenade.

A few Ta' Xbiex residents together with FAA have managed to right a wrong that was obvious from the day the first application PA 2845/21 to place this 'Capitanerie' in the Gzira Garden in place of the children's playing field, the FAA said. 

In its ruling on Wednesday, the Court of Appeal highlighted a significant conflict of interest, as Transport Malta had acted both as the applicant and the reviewer of the permit.

The court stated that an independent transport reviewer should have been appointed instead.

Additionally, the ruling noted that part of the project would have occupied public land without any alternative public land being offered in compensation.

Despite the legal battle, work on the site had already begun after the permit was originally granted in 2023. 

FAA said it led a grass roots campaign with hundreds of objections filed by ordinary citizens with the Planning Authority.  This led Transport Malta to withdraw the application to be replace with another of sea edge.  This would have created a precedent for more building on the water's edge for other marinas in Ta'Xbiex and other restaurants.  

In the past, PA 5468/10 had granted Transport Malta one pontoon and a 9msq floating office. The second permit PA 6433/19 was for a further 2 pontoons. In a 2017 tender for the granting of an operating concession over the Gzira Yacht Marina. Transport Malta had promised concessionaires a 500m2 building in the Gzira Garden with building permits in hand when it did not.

PA 680/22 was applied for, partly on a Public Open Space and partly on a 'White Area' (no designation).  The Court made it clear that White Areas cannot be allocated by the Planning Authority or EPRT, without being designated in the Local Plan.

Transport Malta, backed by the Lands Department have maintained that that public land can be given over for commercial projects, while FAA had argued that Transport Malta has no remit to build restaurants, which was abusively promised in the Gardens Marina tender. The Court maintained that public open space can only be taken if the equivalent is given over to the public, or else if the space is very limited and serves as a public facility, which this does not, FAA said.

Appellants highlighted the fact that Transport Malta was acting both as applicant and as official consultee, giving the green light to the project, in Doc 363a stating "Transport Malta finds no objection, any further detailing will be discussed with the architect directly". Given that the architect is working for Transport Malta this is a gross conflict of interest.

FAA had insisted all along that the coast has to remain clear and free from development as mandated by the Coastal Objectives of SPED which makes it clear that developments on the coast can be approved only if the development necessitates such a location such as a slipway.  In this particular case FAA insists that given that since the Gzira/Ta'Xbiex coast faces Valletta any obstruction of the views threatens Valletta's status as a UNESCO World Heritage Site.

Flimkien għal Ambjent Aħjar and the residents ask why they should be spending years and funds in the Environment and Planning Review Tribunal and the Court of Appeal to overturn abusive Planning Authority permits which deteriorate the public's amenities and quality of life. FAA calls for immediate dismantling of the Capitanerie building, stretching across the promenade, which is structurally almost complete in spite of the ongoing Court Appeal. This highlights the urgent need for the law blocking works while under appeal.

The Authorities such as the Planning Authority and Transport Malta are clearly not acting in the interests of the residents of Malta, but only for the enrichment of the developer and business class, FAA said.