Constitutional case filed over Balluta ferry permit

Moviment Graffitti and Arnold Cassola say permit for Balluta ferry landing place should be suspended while an appeal is ongoing

The project involves berthing facilities for a hop-on hop-off ferry service in Balluta Bay run by the Fortina Group
The project involves berthing facilities for a hop-on hop-off ferry service in Balluta Bay run by the Fortina Group

Moviment Graffitti and Arnold Cassola have filed a constitutional case regarding a ferry landing place permit in Balluta, which they says will change the bay’s nature to a commercial port.

Graffitti said the case was challenging the authorities' refusal to suspend the permit, while an appeal is still ongoing. This resulted in an unfair procedural advantage for the applicants and denied the appellants their right to have an effective remedy.

Addtionally the group said that they were also challenging the Environment and Planning Review Tribunal’s decision to refuse the suspension of the permit on the basis that it was made by a Tribunal chaired by a Planning Authority employee - one of the parties to the case.

"The appellants do not have a guarantee that the Tribunal is impartial and independent - if it is presided over by a chairperson who is the employee of a party to the case. Even this constitutional right is being denied to appellants - which is why we are challenging this unjust practice" said a spokesperson.

In March of last year, residents, the local council and non-governmental organizations appealed the planning authority’s decision to approve the Fortina Group’s ferry landing in Balluta Bay.

The Planning Commission had previously approved a permit for constructing a ferry landing place in Balluta Bay, proposed by the Fortina Group, despite initially indicating that it would be refusing the application.

The project involves berthing facilities for a hop-on hop-off ferry service.

READ MORE: St Julian’s residents, council, NGOs appeal Balluta Bay ferry landing