The Planning Authority has welcomed the decree delivered on Wednesday by the Civil Court (First Hall), presided over by Madam Justice Doreen Clarke, in the names Jorge Spiteri vs Awtorità tal-Ippjanar, ref. 1804/2025/IDC.

By this decree, the Court rejected Mr Spiteri’s request for a prohibitory injunction against the Planning Authority.

The PA explained that proceedings concerned Mr Spiteri’s claim to continue serving as the member of the Planning Board representing environmental non-governmental organisations (eNGOs) under article 63 of the Development Planning Act (Cap. 552).

Mr Spiteri asked the Court to bar the Authority from treating or considering him as no longer a member of the Planning Board representing environmental NGOs, and from in any way stopping him from attending, taking part in, or voting, in his capacity as the eNGOs’ representative, at the meetings and when decisions are taken by the Planning Board.

In its reply, the Planning Authority said it raised a number of specific factual and legal objections. It argued, in substance, that “by means of this application for a prohibitory injunction Mr Spiteri was in reality trying to compel the Authority to do something, even though the function of such a warrant is precisely the opposite – to stop an act from being done.”

Furthermore, it pointed out that, according to article 63(4)(a) of Cap. 552, public officers are disqualified from sitting on the Planning Board and that Mr Spiteri is a public officer. The PA said that “it was also submitted that his name had not been directly nominated by the registered environmental NGOs and that, subsequently, the environmental NGOs voted for another representative to be appointed.”

The Court agreed with the arguments of the Planning Authority and underlined that a prohibitory injunction is a negative measure intended to prevent specific unlawful acts, and cannot be used to obtain what would in substance be a positive or mandatory order regulating how a public authority should act.

As a result, the Court rejected Mr Spiteri’s demand for the issue of a prohibitory injunction and ordered that all costs be borne by him.

The Planning Authority reiterates its commitment to act at all times within the parameters of the law and to ensure that the appointment of all Board members, including those representing environmental NGOs, respects the statutory framework.

File photo: PA

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