An injunction filed by Magħtab residents against the planning authority over a development application for the relocation of a fuel station to this hamlet was today rejected by a court.

The site proposed for the station is a 3,593-square-metre, triangular-shaped piece of land in Triq is-Salina and Trejqet l-Arznu, Naxxar, near the T’Alla w’Ommu hill.

Although, the planning authority has not yet taken a final decision on the matter, the case officer has recommended approval in line with the new fuel service stations policy. This allowed for the relocation of such facilities to rural areas outside development zones.

Residents have complained that the site is directly adjacent to a number of homes and would bring with it a host of environmental issues including increased traffic, rural deterioration and noise pollution.  The Naxxar council, which is also objecting, argued that the application ran counter to the area’s local plan.

In his decision, Mr Justice Anthony Ellul said that if the development was given the green light, objectors could challenge the decision before the appeals tribunal.

On the other hand, the authority was bound to forward information held in the case file, which had not been made available to objectors. The authority’s board was also expected to hear submissions from the registered objectors who were being represented by Jonathan Buttigieg, the judge ruled.

A final decision by the planning authority on this development had been set for January 14, but had to be postponed as the residents’ injunction had provisionally upheld.

The application by Paul Abela, of Abel Energy, is to demolish two derelict farmhouses and build a fuel station with an electric car charging station, car wash, shop, car mechanic workshop, stores and a parking lot that would take 17 vehicles.

The residents' injunction was signed by lawyer Tanya Sciberras Camilleri.