Two Planning Authority hearings on controversial high-rise developments in Sliema and Mrieħel will both go ahead after the courts turned down a request by environmental organisations for an injunction.
The two applications for the 38-storey Townsquare tower in Tigné and four interlinked towers in Mrieħel are both recommended for approval by the PA, despite the vociferous complaints of eNGOs.
In their request for an injunction, the organisations argued that the Mrieħel hearing should not go ahead as certain studies required by law had not been carried out.
The proposed €70 million development by Tumas and Gasan Holdings in the limits of the Mrieħel industrial estate comprises four cylindrical towers of 14, 16, 17 and 19 storeys, respectively, overlying five basement levels.
Objectors say it will have a negative impact on iconic long-distance views and strain the local infrastructure.
The organisations also argued that Mrieħel had been designated an appropriate area for high-rise buildings “by stealth”, as the area was not included in the high-rise policy when it was submitted for public consultation but was only added later.
This option of fightinga case at appeal afteran abusive permit is issued is nothing but a dishonest way to exhaust objectors and avoid doing the right thing
The Times of Malta previously reported that the instruction to add Mrieħel to the policy came directly from the government, and was conveyed to the PA board in a private meeting after the close of public consultation on the policy.
Moreover, the organisations argued that the PA was rushing the process “to bind the government’s hands” while consultation on a masterplan was still ongoing.
The court, however, agreed with the PA’s response that the lack of documentation would be looked into during the hearing itself and that stopping the hearing from going ahead would create greater prejudice.
It concluded that issues relating to the high-rise policy were not within the court’s remit, and that the objectors still had legal remedies available to them even if the application was approved.
Responding to the verdict, Flimkien Għal Ambjent Aħjar (FAA) coordinator Astrid Vella said: “This option of fighting a case at appeal after an abusive permit is issued is nothing but a dishonest way to exhaust objectors and avoid doing the right thing.
“The claim that the studies would be investigated during the hearing does not satisfy the law, as the eNGOs and other plaintiffs maintain that it is not acceptable to present outdated 2007 studies that fail to include the cumulative impact of developments built since then.”
The court yesterday also rejected a similar request for an injunction on the PA hearing for Gasan’s Townsquare project in Tigné, which is vehemently opposed by residents’ groups.
FAA has insisted that studies regarding the project should be carried out and published before the PA board hears the application, an argument that was again rejected by the court on the basis that these studies could be looked into during the hearing itself.
The Sliema local council has accused the PA of concealing key documents relating to the proposed development by not uploading them online, claims that have been rejected by the PA.