Four NGOs (Flimkien Ghal Ambjent Ahjar, Moviment Graffitti, Ghawdix, Din L-Art Helwa Ghawdex) have taken legal action asking the Planning Authority to dismiss a development application for a ”massive” block of flat in Nadur, Gozo, slated for approval.

In a judicial protest written by Dr Philip Manduca and filed last Friday, the NGOs laid out the legal context and case law that should have led to this development application to be dismissed.

In a statement on Saturday, the NGOs argued that ”despite the objections of more than a thousand people – one of the highest ever number of objections against a development project in Gozo – the PA has recommended approval of a large, imposing block of flats on the edge of Nadur overlooking a valley.”

They added that the Planning Directorate justified its decision partly by saying that “the density of the apartments would still be imposed if the development was proposed on a plot by plot basis.”

”This is bizarre and preposterous, and exposes the attitude of a Planning Authority that is either defeatist or accommodating, but certainly not a planner,” say the four NGOs.

The NGOs disagreed that the ”large, imposing building, which will dominate the view from miles around, is in conformity with the framework of policies.”

Moreover, the NGOs say that the application should not have reached this stage if the PA had observed provisions of the Development Planning Act on certification of ownership that’s a prerequisite to development applications.

”The problem is that in this case, as in several others in Gozo which belong to certain people, the PA has become blind of its obligation under the law when ownership is contentious,” they said.

The NGOs explained that ”in this case, a company called Carravan Company Limited (owned by six Stagno Navarra siblings, the lawyer Carmelo Galea and the Montebello family) entered into emphyteutic lease on the land with the medieval foundation called Fondazzjoni ta Sant Antonio Delli Navarra.”

The planning application was then put in by Victor Hili of Titan Developments Limited, the NGOs said, ”who declared to be an owner of the entire site.”

According to the NGOs, ”four individuals then sent letters to the Planning Authority declaring that they are owners of parcels within the site. Victor Hili then amended the application form and declared, in the amended application form, that he is authorised to carry out such development through an agreement with the owner.”

After accepting his amended application, the NGOs said that the PA then made a ”further logical twist by arguing in the Case Officer Report that ownership issues are beyond its remit.”

The stated that, ”the application should have been dismissed over the fact that the applicant has not certified to the level required by law this point on ownership.”

The NGOs have now gone to court to challenge the PA’s ”looseness with the law in this regard.”

The NGOs are now requesting that the PA immediately dismisses this application, and are holding the PA and members of the planning board in front of which the case is scheduled to be heard ”responsible for any non-observance of the law.”

The case is on the agenda of the planning commission for this Wednesday, the 15th of December.

Photo by Din l-Art Helwa Ghawdex: The proposed Block of flats imposing itself over the surrounding countryside. Back elevation, as seen from Qala.

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