The Planning Authority on Thursday rejected the construction of a fuel station in Magħtab, outside development zones, months after a previously approved permit was annulled by an appeals tribunal.
In an unexpected twist in a saga dating back years, the PA board voted unanimously against the application by Paul Abela on behalf of Abel Energy, which would have relocated a kerbside fuel station in Mosta to a more than 3,000 square metre site in Magħtab and which faced staunch opposition from residents and environmental groups.
The rejection was based on a review of the area’s local plan – approved in July 2018 but never published online, and therefore unknown even to objectors – which specifically rules out fuel station developments in the area.
Although the proposal had been recommended for approval, the PA case officer said during Thursday’s hearing that this recommendation would have been changed on the basis of the new policy if assessed today.
The ODZ fuel station had been first approved by the PA in January 2018 – having already been rejected in 2016 and returned to the board after an appeal – provoking controversy that led the government to order a review of the controversial Fuel Stations Policy, under which the permit was issued. The review is still ongoing.
After an appeal by residents, the Environment and Planning Review Tribunal (EPRT) last April annulled the PA’s decision on procedural grounds – that objectors did not have access to information provided to the developers ahead of the hearing where the project was greenlit – sending the case back to the PA for a new decision.
The tribunal did not challenge the grounds on which the permit was approved and did not require the permit to be reassessed.
During Thursday’s hearing, residents reiterated their concerns over pollution, safety and flooding and their contention that the project was not in line with planning policy.
Lawyer Tanya Scibberras Camilleri, representing residents, also drew parallels with the recent db Group court decision, which called into question the legal capacity of the board to reassess the application, having already declared itself on the first application and therefore potentially opening itself up to accusations of conflict of interest.
Board chairman Vince Cassar said the court had referred the matter back to the board, and that the hearing would continue.
Lawyer Ian Stafrace, appearing for the developers, argued that mitigation measures had already been considered and that the applicant had addressed the reasons for refusal originally cited by the PA.
The developer has argued that the site is not agricultural, being sandwiched between two streets and occupied by dilapidated buildings, and that the majority of residents in the area are in favour.
How the years-long saga played out
• March 2016: PA board votes to reject the proposal on the basis of SPED provisions on protecting rural landscape.
• September 2017: Appeals tribunal orders a reconsideration on the basis of the Fuel Service Stations Policy.
• December 2017: PA board meets with eight members present, and records a provisional vote of six to two against the proposal.
• January 2018: PA board meets with all 14 members present for final vote, and this time approves the project.
• April 2019: Appeals tribunal annuls the approval on procedural grounds and sends the case back to the PA for a new decision. Court annuls final PA proceedings.
• July 2019: PA board votes unanimously to reject the project on the basis of a new policy, approved in July 2018, ruling out fuel station developments in the area.