Gzira local council ramps up action to defend community garden
Gzira files lawsuit challenging legality of PA appeals tribunal decisin that turned down appeal against fuel station at Council of Europe graden
The Gzira local council has filed a lawsuit requesting the Courts to rule on the legality of the PA appeals proceedings on the fate of the Council of Europe gardens, after the tribunal was chaired by the employee of one of the parties to the appeal.
Last year a permit was issued for the relocation of a fuel station to part of the garden – despite the fact that there are three other fuel stations within a stretch of 500 metres – a crowding of fuel stations which is prohibited by the Fuel Station Policy.
Despite this and other important considerations such as the local plan’s protection of public open spaces such as this, appeals filed by the Gzira council to the Environment and Planning Review Tribunal and the Court of Appeal were turned down.
It has since transpired that the chairman of the Environment and Planning Review Tribunal Joseph Borg is an employee of the Planning Authority, and presided over the hearing and determination of the appeal, when the PA was a party to the appeal.
The EPRT is supposed to be independent and impartial.
The Gzira council has also filed another lawsuit requesting a retrial of the appeal due to this new evidence coming to light and other legal grounds.
“The Gzira Local Council is here to defend the public's open spaces and its garden,” said Gzira Mayor Conrad Borg Manché.
“It is unjust that the public has to bear the burden of commercialization of every corner when the law should have been followed and a more appropriate spot found. We do not give lip service to the concept of the wellbeing of our citizens but we fight for it by all legal means necessary.”
The mayor said the council was determined in its efforts to safeguard the well-loved garden of the Council of Europe from being taken over by a petrol station and car wash.
The council’s appeal to the public is to show disapproval by signing the petition by contacting the local council at [email protected] or by calling 21341034 to obtain a petition form.