Construction on a contested Nadur site was temporarily stopped by the courts on Tuesday after a warrant of prohibitory injuction was filed and upheld.

A request to suspend the works on 38 flats and basement garages for 61 cars in Qortin Street had been declined by the Environment and Planning Review Tribunal,  but works have now been halted “until property rights are determined” and a court sitting is scheduled for next Monday, said lawyer Mark Muscat on behalf of residents in the area.

The warrant was based on the fact that “planning laws could have both a public utility and create private civil rights, which, in this case, have been breached,” he explained. 

A photomontage showing a render of the proposed development.

It was also filed on the basis of a recent European Court of Justice decision that an Environment Impact Assessment was required even if the project was not major, but of a sensitive nature, Muscat continued.

Had the assessment been carried out, it would have been determined that the drainage system in the area was overloaded and could not withstand more input, as the buildings across the road from the development depended on cesspits, he said. The result could be an “environmental disaster”, if these overflowed and seeped into the soil and bays close by, apart from an inconvenience to neighbours. But the issue had been ignored by the Planning Authority, the lawyer continued.

The warrant was filed on behalf of two owners of neighbouring properties and the environment NGO Flimkien ghal Ambjent Aħjar. Activist group Moviment Graffitti, which was supporting the cause, had an internal policy not to be involved in prohibitory injunctions.

Insisting that the project was “out of proportion”, Corrine Zahra, who moved to the area at 10, said she feared it would set a precedent for the rest of the street and for Gozo overall, bringing in owners likely to leave the flats empty most of the year. Jamie Buttigieg, holding the torch, insisted the land was stolen and that his family and others were defrauded of their property.

Both complained about a predominant “no-protest culture” in Gozo. But this has not put them off. 

When they noted that works had started on Monday, Zahra and Buttigieg went into overdrive again, appealing for more funds for the cause. 

Donations can be made to the paypal link here.

Correction June 28, 2023: A previous version included an outdated photomontage which depicted a larger version of the development. The project has since been downsized.