The appeal against the refusal of a proposed mega development at Gozo’s idyllic Ħondoq Bay kicked off today, with the developers arguing that their right to a fair hearing was breached by the Planning Authority.
Residents and environmental groups have called on the appeals tribunal not to overturn the unanimous decision by the PA board against the proposed marina and hotel on a protected stretch of coastline.
The decision came after a 14-year saga over the 104,000 square metre development, which has faced fierce opposition at every stage.
In their appeal, however, developers Gozo Prestige Hotels insist their right to a fair hearing was denied, as they were given only 15 days to prepare for the PA hearing last June.
Although 15 days is above the minimum legal time frame, lawyer Carmelo Galea argues that it left the developers with insufficient time to bring forward experts who had authored studies in support of the application.
“Versed as [the applicant] may be in the technicalities of the respective reports, these could only be explained, justified and defended by the persons who effectively drew up each respective report,” Dr Galea wrote.
If the developers are expecting a miracle, it’s their business, but we don’t feel the decision of the board should be overturned after 14 years of study
The developers also repeated their call for the project to be sent back to assessment in order for new plans – to replace the proposed marina with a lagoon and significantly reduce the built-up area – to be considered.
The PA had determined that the plans would constitute a “material change” to the proposal, and therefore required a fresh application. This ruling is contested by the developers, who also argue that the PA board did not give due consideration to their request.
Moreover, they argue that an amendment to the PA’s reasons for refusal, introducing a new consideration “by stealth”, would on its own be enough for the hearing to be considered “null and void”.
The Qala local council, meanwhile, has said it will maintain its staunch opposition throughout the appeals process.
“The latest decision was unanimously to refuse,” deputy mayor Paul Buttigieg, who spearheaded the objections, said when the appeal was filed.
“If the developers are expecting a miracle, it’s their business, but we don’t feel the decision of the board should be overturned after 14 years of study,” he said.
The proposed development seeks to turn a large disused quarry and an additional area of garigue overlooking Ħondoq into a 110-bedroom hotel, spread across nine floors, with four levels of underground parking.
The developers also proposed 25 villas, 60 apartments and 200 multi-owner properties, with the development being likened by PA board members to “a whole new village at Ħondoq”.
The PA case officer recommended the application for refusal, describing it as a “highly dense urban development within an area designated as rural coastline” and contrary to several national policies.
In their appeal, the developers acknowledged the widespread opposition to their project, but insisted the criticism was “unfounded and based on an incorrect interpretation of events and legal planning issues involved”.