The Marsaxlokk local council yesterday protested the fact that their appeal against the extension of the Delimara power station would be decided by Cabinet, arguing the government would be deciding on its own application.
Planning laws provide for Cabinet to decide on certain appeals considered to be in the national interest. However, the local council argued that, once their complaint was lodged against a government decision, the Cabinet might be trampling on its right to a fair hearing by deciding the case.
The council levered on a judgment by the Constitutional Court, which last week ordered the appeal against the Marsascala waste recycling plant be heard again on the basis of a similar conflict of interest argument.
The court ruled the planning appeals board that decided the case in 2005 could not be considered “independent and impartial” because it had been appointed by then Environment Minister George Pullicino whose ministry was behind the recycling plant application.
The Marsaxlokk council said that even though the case was not identical, there were similarities because the government was effectively deciding on an appeal in which it was also the applicant.
Deputy mayor Edric Micallef said “there might be a case where the applicant itself is deciding on its own application, so we’re reserving our rights, more so in the light of the recent case of Marsascala residents and the Sant’Antnin appeal and other cases”.
In a letter dated July 26, Prime Minister Lawrence Gonzi informed the appeals board the appeal should be referred to Cabinet for a decision after the board decided on a recommendation.
The Malta Environment and Planning Authority granted full development permission for the extension on May 20 last year. However, the council is complaining that Mepa did not give its suggestions enough consideration when assessing the environmental impact the extension would have on Marsaxlokk.
Addressing the board yesterday, engineer Arthur Ciantar pointed out, for instance, that instead of the noise impact on Marsaxlokk being tested in the village itself, as recommended, it was only tested in the immediate vicinity of the plant.
Similarly, he said, the emissions were monitored from Żejtun rather than Marsaxlokk, adding emission data provided by winning bidder BWSC had not been approved properly.
Another bone of contention he raised was the fact the data used for assessment dated back to 2007, pointing out data for 2008 indicated the plant was already over the limit in terms of emissions.
He also queried the use of heavy fuel oil, which he said was known to pollute and was one of the reasons the Marsa power station was made to close down. The council will be submitting these objections and related reports in an affidavit to the board.
The hearing has been put off to May 5 but work on the power station extension is well under way.