Issue link: https://maltatoday.uberflip.com/i/1132126
20.06.19 3 NEWS FROM PAGE 1 "e court... revokes the tri- bunal's decision and considers the planning board's decision of 20 September 2018, in these cricumstances, to be null and void," Chetcuti ruled. As the decision sent shock- waves through the construc- tion and real estate business community, NGOs, local councils and residents wel- comed the court's decision as a milestone. In her first reaction after the ruling, lawyer Claire Bonello, who was one of the lawyers fil- ing the appeal on behalf of the local councils and several or- ganisation, said this was a vic- tory for all those who opposed the project. e court said that Matthew Pace had a specific imped- iment, aimed at a particu- lar project in which he had a monetary interest, "which if not actual was certainly po- tential and this in a realistic, not hypothetical way". Pace could not decide on a project in which he had such a potential interest in its ap- proval. is led to a lack of "subjective impartiality" on Pace's part, said the court. e court said it was sur- prised at the way the tribunal had tackled the issue. "e project is an enormous one with enormous financial re- percussions... [and] is treated so lightly by those who have the duty to avoid creating an obstacle to a just decision and perceptions of bias," Chetcuti ruled. Lawyers Claire Bonello, Mal- colm Mifsud, Cedric Mifsud and Ian Vella Galea appeared for the plaintiffs. Background to the case e lawsuit was made pos- sible by a crowdfunding initi- ative last October, when over €26,000 were raised to cov- er legal expenses for actions against the project. is led to an appeal against the decision taken on 20 September by the Planning Board. After three months of hear- ings, the planning appeals tri- bunal gave the go ahead for the DB Project but Transport Malta had to confirm within 30 days that the road network will cater for the additional traffic before a final compli- ance certificate is issued to the project. e developer was also in- structed to create an addition- al 270 square metres of public open space and reduce the height of the tower by 10m, and that of the hotel by 8m. But the tribunal had turned down other objections by the appellants including that of an alleged conflict of interest of PA board member Matthew Pace. Matthew Pace's conflict e appellants questioned the compatibility between financial services broker Matthew Pace's interest as a co-owner in the Swieqi branch of property agents Remax, which was advertising apart- ments in the project, and his presencee on the PA board. ey also questioned the overall suitability of Pace to serve on the board when he had a direct and clear inter- est in an activity, which may conflict with his position in a board that has quasi-judicial powers. e activists argued that this should have disqualified him from serving on the planning board of which he has been a member since 2013. But the tribunal dismissed these claims, arguing that "other members of the board had publicly expressed how they would be voting" – add- ing that it is these members who may have had a conflict of interest. ey also referred to "proof " submitted by Pace that adver- tising for the apartments was done by different estate agents. On the basis of this the Tri- bunal concluded that the fact "that Pace had an interest in one of these agencies did not put in doubt his impartiality or create a conflict of interest." It was here that the tribunal hinted that the argument that this member should not vote in such circumstances "can be extended to the NGO repre- sentative whose public agenda is always declared". It also extended the argu- ment to party representatives arguing that the argument can be stretched to projects locat- ed in the districts they repre- sent". e tribunal also noted that the law itself dictated that in- dependent members of the board should be chosen for their knowledge and experi- ence in various areas includ- ing commerce and industry, cultural heritage and partici- pation in civil society organi- sations. "If taken to an extreme the argument of the appellants would create a situation of permanent conflict of inter- ests for everyone," the tribunal had ruled. After this decision, the Pem- broke, St Julian's and Swieqi councils, Moviment Graffitti, Flimkien għal Ambjent Aħjar, Din l-Art Ħelwa and Friends of the Earth Malta and nine resi- dents filed an appeal in the law courts asking for a judicial re- view of the tribunal's decision. It is this court decision that was decreed yesterday. The project e €300 million City Cen- tre project, which includes a 37-storey tower and 17-storey hotel, was approved in Sep- tember 2018 despite an un- precedented 4,500 objections from the public, local councils and NGOs. e project is earmarked on the site that used to house the former tourism school. Controversy surrounded the granting of the ITS public land to the DB Group in 2017 for a premium of €15 million spread over seven years. e government would have also raked in €23.4 million from redeemed leases when the residential apartment are sold. NGOs, local councils and residents react Residents, NGOs and three Local Councils welcomed the positive news that the per- mit for the "abusive specula- tion" at St George's Bay by DB Group on the site of the for- mer ITS building has been re- voked by the Court of Appeal, in response to a legal challenge filed by them. e Court of Appeal found that Planning Board member Matthew Pace was in a po- sition of conflict of interest, with his real estate franchise selling parts of the develop- ment before the permit was even granted. is led to the Planning Board's decision of 20 September 2018 to be annulled, and the permit re- voked. In a joint statement, the NGOs said that "this has been a long case, from the first core group meetings with con- cerned residents, to the pub- lic meeting to discuss the way forward with the wider com- munity, to the Planning Board meeting which had to change venue due to the unprecedent- ed interest, and then on to the Environmental and Planning Review Tribunal, where we appealed the Planning Board's decision, and then to the Court of Appeal." ey thanked the people from all over Malta and Gozo who responded to their call for crowd funding. "e residents of Pembroke who, with great courage, spoke truth to power, stood up and made their voice heard, are the real protagonists in this fight. When they saw their quality of life and health threatened, their prospects for a peaceful future buried alive, they did not back down, despite facing very discouraging odds. We also acknowledge the crucial contribution of the three Lo- cal Councils – Pembroke, St. Julian's and Swieqi – that put aside partisan interests and fought for the wellbeing of their communities," they said. Residents joined local councils and NGOs in protest against the project Judge slams PA tribunal for its handling of Matthew Pace's conflict of interest