A homeowner has taken court action in a bid to stop the developer of a nearby property from proceeding with works which, he said, pose a threat to the structural integrity of neighbouring properties.
Msida resident Jeffrey Azzopardi, who had objected to the granting of a development permit, filed a judicial protest against the proposed development on the site of the former Mireva Buildings, close to the University of Malta campus.
The site is earmarked for a hotel including a ground floor lobby, toilet and breakfast area versus cafeteria and nine storeys of accommodation, a pool deck area at level 9 and ancillary facilities at basement level.
Mr Azzopardi argued that parts of the planned construction project would require excavation works, which would not observe the statutory 76cm distance from the neighbouring tenement.
Moreover, the developer was legally bound to undertake geological surveys on the subsoil before carrying out the works so as to ensure that there was no danger to life or property.
The presence of a number of large wells in the substructure directly beneath the neighbouring properties, presented an added threat to the structural integrity of the properties, especially if the wells were somehow affected by the proposed excavation works.
Mr Azzopardi called on the developer not to undertake any works, even if covered by a Planning Authority permit, until all necessary measures to safeguard neighbouring properties were taken.
He warned in a formal judicial protest that even in the event of a successful application by the applicant, he should still take the necessary precautions to safeguard the property rights of client.
The judicial act was signed by lawyer Anthony P Farrugia.
This judicial protest comes days after Prime Minister Joseph Muscat ordered a nationwide halt to all building excavation works following three properties collapsed onto neighbouring construction sites.