A new restaurant proposed under the old University campus on Merchants’ Street, Valletta, may go ahead but it cannot make use of any gas appliances, a judge has declared.
Mr Justice Grazio Mercieca delivered that decision after inspecting the premises following a hearing where lawyers for the university and Charles Foca, who is undertaking works at the new Asian-Mediterranean restaurant, made their case for and against the controversial project.
The university resorted to legal action and obtained a provisional injunction in a bid to stop the allegedly "illegal" works, claiming that these posed a “great hazard” not only to the historical building directly above and adjacent to it, but also to the academics, students and staff concerned.
At the start of Thursday’s hearing, Foca’s lawyer declared that there was not to be one gas cylinder located inside the new restaurant since all appliances were electric.
However, the university’s lawyer promptly pointed out that official documents submitted by the applicant appeared to show otherwise.
Foca had declared that the restaurant was to make use of fossil fuel, that the maximum electricity demand was to be met by means of a single-phase meter, and that the projected annual consumption was projected at 1,000 units of electricity.
Faced with those conflicting versions, Mr Justice Mercieca ordered an onsite visit to the Valletta premises, where he confirmed that the catering appliances installed so far were electric.
Concern over development application
The court could not help express concern as to how a development application by a person who was not even the lessee, was processed by the Planning Authority once a Memorandum of Understanding had been signed to transfer that historical building to the University.
Although that memorandum was not exhibited, the court had no reason to doubt its existence.
Such an agreement did not provide the university with a title over the property, but it did ground its juridical interest in the manner the premises were managed.
Irrespective of that issue, the university had an interest in the matter as a neighbour seeking to ensure that it would not be subjected to danger.
The court deplored and reprimanded the respondent for describing the university as “arrogant”.
Such terms were out of place in juridical acts, the judge warned.
Having said that, the court observed that such development could be stopped and reversed by means of other legal measures.
After weighing all the circumstances, including the respondent’s attitude, the court was not at all convinced that LPG appliances would not be used at the restaurant.
Consequently, the court limitedly upheld the university’s request by barring Foca from making use of any gas appliances within the premises at 77A and 78/79 Merchants’ Street.
The provisional injunction was revoked.
Lawyer Carlos Bugeja assisted the University. Lawyer Timothy Bartolo assisted Foca.