How could the planning authority order the removal of a 1,000 litre gas tank placed underground in a front garden when it had no policy covering the installation of such facilities, an Attard resident asked in court yesterday.

The reply, from the police, was that he had applied to install a water tank but had built something else; that was why it was illegal. The police have taken the man to court for ignoring a Malta Environment and Planning Authority enforcement notice to remove the gas tank.

The legality of the gas tank was first questioned by neighbours in January who complained it was not safe to have that much gas stored so close to their houses.

In the first sitting of the case yesterday, lawyer Roberto Montalto said his client, Jonathan Camilleri Bowman, had installed the liquid petroleum gas storage tank in his front garden after receiving the necessary certification from the Malta Resources Authority.

Mepa had issued an enforcement notice when they had no policy on the issue, he argued. Furthermore, Mepa chairman Austin Walker had told him a policy was imminent and within a month his client would have the full permit for the gas tank.

Police Superintendent Antonello Grech, testifying, said the police had decided to take action because Mr Camilleri Bowman had actually applied for a reservoir tank but instead built a gas tank and then ignored Mepa’s enforcement notice.

The officer’s testimony was corroborated by Mepa enforcement officer Kevin Ciantar who confirmed that, although there was no policy on the installation of gas tanks, Mr Camilleri Bowman had applied for a water reservoir but installed something else.

Mr Ciantar said at present there was an appeal pending on the enforcement notice, so no further action could be taken by Mepa. Lawyer John Vassallo, for the neighbours, said that as things stood, the gas tank was illegal and should be removed.

He said it was useless saying Mr Camilleri Bowman would have the permit in hand within a month. If a crime were committed now it would still be illegal even though the law might be changed in future.

He asked the court to summon Mr Walker to the witness stand and ask him if he was comfortable with having such a large amount of gas stored beneath his house.

In rebuttal, Dr Montalto said it was a lot safer than having six gas cylinders with no permit. Furthermore, the tank was empty and was not being used.

Superintendent Grech said this was only because the MRA had disallowed the supplier from filling the tank.

Magistrate Claire Stafrace Zammit put off the case to January for the witnesses to be heard.