NGOs mull European case against Central Link decision after court rejects appeal

A court has dismissed an appeal against the Central Link project but expressed disappointment at the fact that works had started before the court had issued its decision.

The appeal, filed by a number of NGOs and residents, had argued, amongst other things, that the appealed decision of the Environmental and Planning Revision Tribunal had been taken on the basis of documents which were never released to the public and that there was a serious conflict of interest on the part of persons contributing to the Environmental Impact Assessment.

Central Link will overhaul the road network between Mrieħel and the foot of Saqqajja Hill, creating a new road in the outskirts of Attard to split traffic flow in the area.

The government says the project will cut traffic congestion and reduce air pollution in the area but environmental groups and a residents’ group contend otherwise.

The project also caused controversy over the number of trees that will have to be uprooted that prompted a large protest in the area last summer.

Project plans show that 439 trees will be uprooted, including 67 protected trees. Of these trees, 185 will be relocated along the new road, and 539 indigenous trees will be planted as part of the project.

The new road will also take up agricultural land.

In a 62-page judgment on the matter, Mr Justice Mark Chetcuti observed that the stretch of land from Wied Incita to Saqqajja hill was not part of the TEN-T network which should have been upgraded, but said that the court of appeal’s jurisdiction was limited to points of law that had been left out or decided incorrectly. It was not the court’s competence to enter into the merits of development or its technical issues, said the judge. Neither was it within the court’s remit to substitute the discretion of the Tribunal on the facts of the case, he said.

However, the judge did express disappointment at the fact that works related to the project had started before the court had decided the case  “as if the rejection of the appeal was guaranteed, an assumption which…does not reflect well on the applicant and can cause the perception of doubt upon the independence and impartiality of the court or pressure on the operation of this court.” Mr Justice Chetcuti assured the parties that the judgment was delivered with conviction and within the strict legal parameters which bound the court, with no external influences.

“The parties had been well aware that the court would not delay the issue and so the rush to begin the project does not augur well that the delicate and sensitive handling by public authorities in similar situations will not be affected.”

The court said it had no doubt that the development was considered as necessary in the public interest, but that this did not mean the putting aside of every plan or policy in order to make the development. The limited size of the country meant that such projects would negatively impact the environment and residents and so an emphasis had to be made that every permit scrupulously follow the conditions imposed on it. The regulatory authorities were obliged to maintain strict vigilance during every phase of the project, he said.

There was an obligation to safeguard the natural environment and cultural and archaeological patrimony on the part of every interested party, including the developer, who in this case has a public and not a private function, added the judge.  

The NGOs’ lawyer, Claire Bonello, told the MaltaToday that they are now considering taking the case to the European courts.

NGOs disappointed

The group of 18 organisations and residents’ associations said they were disappointed with the conclusion of the Central Link court case.

The organisations noted that the courts recognised that the extension of the project, especially towards Saqqajja, was not included in the TEN-T network as a stretch of road which required upgrading. The Court emphasised that every development should be treated with more sensitivity and the permit conditions should be observed while the regulatory authorities are obliged to be strictly vigilant during every phase of the project.

"Despite these irregularities and the attention called to them, however, the decision remains a negative one for the Maltese environment and people alike," the statement read.