A request by a group of Vittoriosa residents to stop the planning authority from issuing a permit for a wooden kiosk with tables and chairs next to the belvedere in La Vallette Street, Vittoriosa, has been turned down by the courts.

In his judgment, Mr Justice Mark Chetcuti ruled that the injunction application was premature and had no basis at law.

He said the residents, Marthese, Raymond, Darren and Domenique Agius, Ruben and Kathryin Reed, and Alfred, Mary and Ritianne Stanyer, failed to prove that they had officially objected to the proposed development.

The residents claimed that despite being registered third party objectors they were not informed by the authority about the hearing date and were unable to attend to voice their objections.

They also claimed that a promised public consultation exercise was not carried out and that the local council had submitted a recommendation based on deceitful information given by the applicants, who claimed that the residents were in favour of the project.

The court said the complainants had failed to prove that they were registered third-party objectors. The outline development permit was issued in 2008 but the residents had not tried to get it revoked.

It was only now that the full development permit had been filed that the residents stepped up their complaints.

However, the court also said that an outline development permit did not mean that the planning authority would give the proposed development the green light.

It said the residents could not claim prejudice because they still had a right to object and voice their concerns. They had also failed to prove that a consultation exercise was required by law.