The Mistra Village project in Xemxija was twice hit with stop notices issued by the Building and Construction Authority in the last two weeks following infringements noted on site and an unsafe environment for pedestrians.
The first stop notice was issued over infringements on September 30 but work was green-lighted again over the weekend, with a reactivation of its clearance issued on the following Monday.
Another stop notice was issued last Tuesday, ordering the developer to stop works on Trejqet il-Fuħħar and Triq Katerina Vitale “until a safe passage is provided”. This is still in force.
The project will see the construction of a massive residential development on the site previously occupied by the Mistra Village.
The development is steaming ahead despite the revocation of the permit by the chief justice in May. According to the Planning Authority, however, the works were covered by a permit that had not been suspended during the appeal.
“Kindly note that there is a valid development permit on the site of the ex-Mistra Village in Xemxija (PA6747/18). This permit is valid until February 6, 2024. Since this development permit is not suspended, nor revoked, works related to the said permit may proceed even though there is a pending appeal,” the spokesperson said.
Excavation works on site started last March after the applicant filed an excavation method statement on March 6. The construction regulator approved that plan a week later, on March 13.
Works continued despite the ruling by the chief justice, with the use of excavators and bulldozers at the large rural site in northern Malta.
Chief Justice Mark Chetcuti revoked a decision by the Environment and Planning Review Tribunal to renew the permit granted to Gemxija Crown Ltd, sending the case back to the tribunal to redecide the appeal and consider whether the project is still compatible with current planning laws and policies.
A number of objectors had filed an appeal against the tribunal’s decision, greenlighting the renewal of the permit for the construction of four blocks, including supportive commercial activities, with underlying basements for private parking.
The project, by developer Charles Camilleri on behalf of his company, also includes the development of public open spaces, landscaped gardens and a communal pool.
They argued that the tribunal had not considered all laws, plans and policies when renewing the permit originally issued in January 2014 with a five-year validity period. The permit was renewed in 2019, in spite of environmental concerns.
Lawyer Claire Bonello, on behalf of the objectors, argued that one of the requisites for the renewal of the permit was proof that the development was “committed”, meaning that the proposed development was still in line with relative laws, plans and policies applicable at the time of the latest renewal.
The chief justice upheld this argument and disagreed with the tribunal, which had concluded that the commencement notice in itself was sufficient proof of commitment.
The law imposed another requirement, namely verification that the development had reached such a stage that subsequent laws and policies could not be considered without prejudicing the development works already carried out.