NGOs and local councils have agreed to try and file an appeal against the controversial approval of the db Group’s 37-storey St George’s Bay tower, but there remain fears a lack of funding may hamstring the attempts.
Eight NGOs and the local councils of Pembroke, Swieqi and St Julian’s met last week and, according to those present, established that there were “solid legal grounds” and a desire from all parties to appeal the Planning Authority’s decision.
However, objectors repeatedly emphasised the scale and difficulty of a potential appeal, raising doubts not only over whether the organisations’ limited funding and resources could stretch to cover the costs of a lengthy appeal process, expected to amount to around €20,000, but even over whether legal professionals could be found to take on the case.
Andre Callus, a spokesman for Moviment Graffitti, one of the key objectors to the project, said the organisations would be meeting again on Wednesday to establish who would be willing to be involved in an appeal and potential sourcing of funds, with crowdfunding one of the options being considered.
“Besides the €3,500 fee just to lodge the appeal, we’ll need a team of professionals to work on it. This is a massive project so legal and professional fees will be a huge burden,” Mr Callus said.
“There is a consensus to try our best to file the appeal, but we need to have a clearer picture of costs involved and professionals that are willing to undertake such work, before reaching a final decision.
“We are aware that we are fighting giants here, but we have also established that there are solid legal grounds for appealing,” he added.
Swieqi mayor Noel Muscat said the prospect of an appeal was “looking difficult” at this stage, with the lack of funding the primary impediment. “We’re talking about local councils and NGOs,” he said. “We know what they [db Group] will have on their side.”
READ: PA approves 38-storey db Group tower by 10 votes to four
Pembroke mayor Dean Hili expressed similar sentiments: “We all want this decision overturned but we still have to establish whether it’s viable and whether our legal basis is strong enough.”
The €300 million City Centre project was approved by 10 votes to four last week, despite an unprecedented 4,500 objections from the public, local councils and NGOs over the scale and impact on residents, as well as traffic generation and adherence with planning policy.
The decision has since faced further controversy after it emerged that the PA hired a private jet to fly board member Jacqueline Gili to Malta for the vote, as well as alleged conflicts of interest concerning fellow members Matthew Pace and Clayton Bartolo, which they deny.
The last time NGOs and local councils undertook an appeal of similar magnitude was in 2016, against the Quad Towers high-rise in Mrieħel and the 38-storey Townsquare tower in Sliema. While the Mrieħel appeal was unsuccessful, the Townsquare decision was annulled by the appeals tribunal.