Property owners object to development application

Four property owners in Marsascala yesterday filed a judicial protest in the Civil Court calling for the retraction of a planning development application in respect of a neighbouring property.

Charles and Maria Dolores Darmanin and Andy and Mary Cole filed their protest against Albert Cachia, Francis Spiteri, the Malta Environment and Planning Authority and the Development Control Commission.

In their protest, which they described as being urgent, the two couples told the court that Mr Cachia had applied for a planning development permit in respect of a property, belonging to Mr Spiteri, which abutted on their homes in Marsascala.

According to Mr and Mrs Darmanin and Mr and Mrs Cole, the works that had already been carried out on the site had caused damage to their property.

They added that the works were endangering their properties and they had already lodged judicial proceedings against Mr Spiteri.

However, it resulted that Mr Cachia and Mr Spiteri were now planning to construct a further six or seven courses to the dividing wall between their property and that of the two couples.

This would further endanger the properties of Mr and Mrs Darmanin and Mr and Mrs Cole.

According to the two couples, both Mepa and the DCC were bound at law to safeguard the public and were therefore expected not to approve permits that could cause danger. In the event that the permits had already been approved, then the two authorities were bound to revoke them.

Mr and Mrs Darmanin and Mr and Mrs Cole called upon respondents to withdraw the pending application and also called upon the two authorities to do all that was within their power to protect their interests. Respondents were all held liable in damages.

Lawyer Joanne Vella Cuschieri signed the protest.