Gzira council files case over PA employee heading planning tribunal

Gzira’s local council has filed a judicial letter after finding out that the chairman of the tribunal deciding its objection to a proposed petrol station next to Manoel Island, is also an employee of the Planning Authority

An existing petrol station will be transferred into part of the public garden
An existing petrol station will be transferred into part of the public garden

Gzira’s local council has filed a judicial letter after finding out that the chairman of the tribunal deciding its objection to a proposed petrol station next to Manoel Island, is also an employee of the Planning Authority.

The judicial letter filed before the First Hall of the Civil Court by the council yesterday stated that the petrol station would be of great detriment to the public garden.

In addition, the council unanimously said that the Environmental and Planning Revision Tribunal could not be taken as being independent and impartial under the Constitution and European Convention and this because its chairman Dr Joseph Borg was also a current employee of the PA.

Borg had never disclosed this fact to the council, it said, adding that these facts gave rise to great doubt as to his independence and impartiality, it said.

The council asked the court to order the Tribunal to revoke its decision allowing the petrol station to be built as it had not applied the principles of correct administration and had breached its rights to a fair hearing.

Lawyer Claire Bonello signed the judicial letter.

Clarification: A previous version of this report wrongly said the tribunal chairman was also a current employee of the Environment and Resources Authority. He is actually an employee of the Planning Authority.