Coalition for Gozo and DLH turn to the Courts to overturn PA policies
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The Coalition for Gozo – made up of Gozitan NGOs Din L-Art Helwa Ghawdex, Ghawdix and Wirt Ghawdex, together with Din L-Art Helwa National Trust – are turning to the Courts of Malta to overturn Policy P35 and Annex 2 of the Development Control Policy, Guidance and Standards 2015, otherwise referred to as DC15.
The Coalition said that it views these policies as “key elements contributing to the uglification of Malta and Gozo, including through the destruction of the urban fabric and intrinsic character of many towns and villages throughout the country, the continued desecration of heritage buildings, and broad environmental degradation.”
The Coalition for Gozo and Din L-Art Helwa confirmed that following “years of consistent yet failed attempts at persuading the Government and the Planning Authority to address the legal and logical incongruences brought about by promulgation of Policy P35 and Annex 2 of DC15, the Coalition has taken the critical decision of referring the matter to the Maltese Courts.”
This, they said, “is in a bid to stem the uncontrolled and rampant construction which is having a deleterious impact on both Malta and Gozo’s environment and heritage.”
Accordingly, the ENGOs stated that they will be requesting the Courts of Malta to declare the invalidity of said Policy P35 and Annex 2 within DC15.
In this regard, the ENGOs will be arguing that Policy P35 and Annex 2 “run contrary to the very local plans which they were intended to interpret. Ironically, this is the case notwithstanding that the law establishes that local plans are to take precedence over any other “policies” in accordance with Article 53 of Chapter 552 of the Laws of Malta.”
Furthermore, the ENGOs said that they “firmly believe that Policy P35 and Annex 2 should be considered invalid given that the mandatory requirements established at law for bringing into force such legal instruments were not adhered to.”
The ENGOs stressed that they are in favour of “well-planned, sustainable development that beautifies the island, protects and preserves our heritage, improves quality of life for Maltese and Gozitans alike, and improves the tourism product whilst generating long-term sustainable growth to the economy.”
They concluded by saying that, “to this end, and in light of the ever-increasing onslaught on the Maltese Islands’ environmental and architectural heritage – which is all the more evidenced by the impact unbridled construction has recently had on the beauty and tranquillity of Gozo’s towns and villages – this action was deemed necessary at this crucial juncture in order to salvage, protect and preserve Malta and Gozo’s intrinsic character.”
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