Lawyers for construction magnate Charles Polidano and those from the Attorney General’s office this afternoon made submissions in an appeal he filed from a €100,000 fine for the felling of protected trees in Balzan.

In 2013, a magistrate had found the Polidano Group guilty of breaches of environmental protection and planning laws, after it was found that several protected trees had been illegally cut down and that a rubble wall had also been demolished.

He had applied to turn the site in Balzan into a complex of 43 apartments and an underlying car park for 120 cars. The application also included the restoration of two old houses.

Despite several attempts, with the application being repeatedly turned down, the planning authority in November last year gave the go-ahead for the renovation of three adjoining town houses on Main Street, and for their extension into their gardens. A four-car parking area will also be built in part of the gardens.

Lawyers for developer Charles Polidano, Michael and Lucio Sciriha and Jean Paul Sammut and lawyer Lara Lanfranco from the AG’s office were making submissions before the Constitutional Court.

Dr Sciriha described the judgment of the first court as “shoddy”, adding that the property in question did not even belong to Mr Polidano. The first court had disregarded this.

Dr Lanfranco argued that the fine was not excessive. One of the offences - a breach of enforcement notice - actually carried a potentially larger fine than that imposed, and also spoke of imprisonment.

Mr Justice David Scicluna, who is presiding, deferred the case to October.

 

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