A court has withdrawn a planning permit for the Santa Marija band club fireworks factory in Mosta saying it was too close to inhabited buildings.

Mr Justice Silvio Meli annulled the permit issued in the 1980s by the Planning Area Permits Board for the factory, found in the limits of Żebbiegħ, after landowners took the case to court.

Filed in 1989, the owners pointed out that the Explosives Ordinance Regulations stipulated that any fireworks factory had to be at least 183 metres from a road that was regularly used. However, in this particular case, the road was only 105 metres away from the fireworks factory and the owners said they regularly drove through the road to access their fields.

They requested that the court annulled the permit.

In his judgment, Mr Justice Meli apologised to all those involved for the undue delay in this case, which he said should have never happened.

A court-appointed technical expert had concluded that the roads and the properties were too close to the factory and the permit for its construction should have never been issued, the judge said.

Mr Justice Meli found the permit was in violation of the Explosives Ordinance Act and annulled it.

With the withdrawal of the permit, the factory, which is still in operation today, becomes illegal.

However, the owners can choose to appeal.

When contacted, a spokesman for the factory said he was not aware of the judgment and had to speak to his lawyer before giving any comments.