The decision taken today by the Court of Appeal to revoke the decision of the Environment and Planning Review Tribunal (EPRT) to approve PA 5372/17 for further development within the Azure Window restaurant in Gozo, has been welcomed by the Ministry for Environment, Sustainable Development and Climate Change.

The appeal was filed by Dr Paula Axiak in July this year on behalf of Environment Resource Authority (ERA).

An appeal had also been filed in court on the 17th of July by 15 organisations to challenge the decision of the Environment and Planning Review Tribunal (EPRT) that granted a permit for further development of the Dwejra restaurant.

Minister for the Environment, Sustainable Development and Climate Change José Herrera, welcomed this decision, noting that the strong positions and arguments being made by ERA with respect to the protection of our natural capital are yielding positive results.

Moreover, he argued, “such decisions confirm ERA’s important and effective role it has being an independent reputable authority.”

He added that “this comes just a few days after another two decisions were made by the EPRT in favour of the arguments presented by ERA with respect to developments in Wied Ghomor and Zebbug.”

PA 5372/17 was intended to allow for the extension of an enclosed canopy and seating space, the permit would have also allowed for new lights which are not “intruder triggered” to be installed on site.

These would have increased the intensification of the site thus resulting in a negative impact on the surrounding area, the Ministry said.

The appeal was upheld on the basis that the Tribunal failed to consider the requirements of the Strategic Plan for the Environment and Development (SPED) regarding the site which is a special area of conservation of international importance under the EU Habitats Directive and a bird sanctuary. The area also forms part of the Natura 2000 network and the Dark Sky Heritage Area.

The Court ruled that the permit is “not essential and useful for the scope of the site which is primarily an interpretation centre with ancillary facilities.”

It also said that “the application is therefore not justified with regards to SPED when considering paragraphs TO8.7 and TO8.9 which emphasise the control of activities which may impact the zone, and sources of light pollution which are to be controlled.”

The Ministry said that “the increase in illumination time caused by the non-intruder triggered lighting, in addition to the increase in noise pollution created from the increase in tables and chairs for use by the restaurant, were deemed sufficient to revoke the permit.”

File photo was taken by Benjamin Metzger

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