A permit for a fuel station in Magħtab was revoked by a tribunal on Thursday, sending the case back to the Planning Authority after an appeal by residents.
The ODZ fuel station had been approved by the PA in January 2018, provoking controversy that led the government to order a review of the planning policy under which the permit was issued. The review is still ongoing.
The ruling by the Environment and Planning Review Tribunal (EPRT) to annul the PA’s decision was based on procedural grounds: that residents did not have access to information provided to the developers ahead of the hearing where the project was greenlit.
The tribunal’s ruling means the project will now be sent back to the PA for a fresh decision. The merits of the approval were not challenged by the tribunal, and the application will not need to be reassessed.
The objectors were represented in their appeal by architect Carmel Cacopardo and lawyer Tanya Sciberras Camilleri.
The 3,500 square metre project by Abel Energy aims to build a fuel station with an electric car charging station, car wash, shop, mechanic workshop, stores and parking area. A kerbside station in Mosta will in turn be decommissioned.
The PA board first rejected the proposal in March 2016 on the basis of SPED policy (Strategic Plan for Environment and Development) provisions which aim to protect and enhance the positive qualities of the landscape and the traditional components of the rural landscape.
But the appeals tribunal ordered that the application be reconsidered, ruling that the PA had not explained why the SPED should take precedence over the 2015 Fuel Stations Policy, which allows petrol stations to be relocated to rural areas outside development zones.
When the permit was brought back before the PA board in December 2017, the board first indicated it would once again reject the proposal, only to double back a month later and grant approval in the final vote.
Government representative Clayton Bartolo and Opposition representative Ryan Callus had both voted in favour, while PA chairman Vince Cassar, ERA chairman Victor Axiak and NGO representative Annick Bonello were among those who opposed.
Less than two weeks later, environment minister José Herrera ordered a review of the Fuel Stations Policy to reduce the burden on agricultural land.
How the saga has played out
• March 2016: PA board votes to reject the proposal on the basis of SPED provisions on protecting rural landscape.
• September 2017: Appeals tribunal orders a reconsideration on the basis of the Fuel Service Stations Policy.
• December 2017: PA board meets with eight members present, and records a provisional vote of six to two against the proposal.
• January 2018: PA board meets with all 14 members present for final vote, and this time approves the project.
• April 2019: Appeals tribunal annuls the approval on procedural grounds and sends the case back to the PA for a new decision.