Court confirms PA’s decision on residential development in Xaghra
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The Planning Authority has welcomed a judgement delivered by the Court of Appeal, which it said, “confirms that it acted correctly and in full accordance with planning law when issuing a permit for a residential development in Xaghra, Gozo.”
The Court confirmed the earlier decision of the Environment and Planning Review Tribunal, which found that the permit had been issued following a fair and transparent process, in line with local planning policies and technical standards, the Authority said.
Application PA/3510/20 for a site in Triq Gnien Xibla, was ’to demolish existing dwelling and construct twelve residential units. Proposal includes excavation of basement to accomodate garages and car spaces and construction of two pools at ground floor.’
The Planning Authority insisted that “this case is a clear example of how planning procedures protect both development rights and the interests of neighbouring residents.”
It noted that “the Tribunal and the Court observed that the Authority had already required adjustments to the original proposal, including a reduction in the basement footprint and careful assessment of excavation limits, ensuring that the approved design fully respected policy requirements.”
The PA said that the Court also reaffirmed that once a planning matter has been decided through the proper appeal procedures, it cannot be re-opened again through repeated appeals.
“This principle ensures clarity, consistency, and finality in the planning process, providing fair treatment to all parties involved,” the Authority said.
The Planning Authority emphasised that “all applications undergo thorough assessment by its professional and technical teams, including compliance checks with design control and safety standards, and, where relevant, sanitary and structural regulations.”
It stated that “this ruling should once again strengthen public confidence in the planning system and underlines the importance of following established legal procedures.”
The Authority concluded by saying that it “remains committed to ensuring that development decisions continue to be based on evidence, expert review, and respect for the law, supporting sustainable growth while protecting the community’s quality of life.”
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