Issue link: https://maltatoday.uberflip.com/i/1168782
NEWS 8 maltatoday | WEDNESDAY • 18 SEPTEMBER 2019 JAMES DEBONO THERE seems to be no end for the Maghtab petrol station saga which has already seen two ap- peals and three different board decisions, the last of which tak- en in July when the board sur- prisingly rejected the 3000 sq.m petrol station in a sitting held immediately before the contro- versial approval of the Central link project. Abelcare Energy has already demolished two derelict farm- houses over the proposed 3,500 sq.m site on a Salina road inter- section near the Alla W Ommu hill. The project includes 500 sq.m of landscaping. The appli- cant argued that this made his proposal compliant with the fuel stations policy, which lim- its ODZ petrol stations to 3,000 sq.m sites. The latest appeal presented by the planning authority's for- mer CEO Ian Stafrace on behalf of Paul Abela questions the legality of the PA's refusal be- cause the developer was not in- formed of the reason for refusal before the sitting was held. In fact the Planning Directorate was still officially recommend- ing the approval of the applica- tion before the sitting was held. The appellant pointed out that since the board had indi- cated its intention to over turn the case officer's favourable recommendation, it was legally obliged to issue new reasons for refusal before taking a vote in another session. The reason verbally given be- fore the vote was that a strate- gic plan for Maghtab approved in 2018 regulating development in the Maghtab area, made it clear that the controversial fuel station policy does not apply to this area. But the appellants disagree with this interpreta- tion arguing that this simply meant that the application for a petrol station could not be eval- uated according to the strategic plan for the area. The Planning Authority's ap- peals tribunal (EPRT) had al- ready revoked two previous planning board decisions. In 2016, the PA board refused the permit by 6 votes to three for being in breach of the Strategic Plan for the Environment and Development (SPED). But the EPRT overturned the refusal, arguing that the board failed to explain why SPED policies pro- tecting the rural environment should take precedence over the fuel stations policy, which allow urban pumps to be relo- cated to ODZ and rural areas. That permit was brought back to the board in December 2017, with board members first indi- cating they would be refusing it, only to then vote in favour in January 2018. But in April 2019 the permit was revoked again by the EPRT for procedural reasons brought up in an appeal presented by residents, namely the PA's fail- ure to upload documents be- fore the decision was taken. In their appeal the applicants are arguing that since the pet- rol station's permit was only revoked because of the PA's shortcomings, the PA can- not now invoke a policy which came in place after the permit was issued to turn it down, de- scribing this action as a "viola- tion of the rights and legitimate expectations of the applicant." The PA's refusal of the Maghtab petrol station appli- cation comes in the wake of a revision of the petrol station policy approved in 2014. A new draft policy which has yet to be approved bans petrol sta- tions on agricultural land and limits such developments to 1000 sq.m. But the PA board is under increased pressure from activists not to approve more petrol stations before the new policy comes in place. In fact the PA has recently turned down another ODZ petrol sta- tion in Attard along Mdina Road, which is also being ap- pealed. The EPRT still has to determine these ODZ applica- tions under the current policy. Ablecare appeals Maghtab petrol station refusal Appeal's tribunal to decide on Maghtab petrol station for third consecutive time following three different decisions by the Planning Board on the same application MEMBER of the European Par- liament Miriam Dalli has asked the European Commission to put forward an ambitious climate plan together with the financial measures needed to implement the necessary transition. "We need the European Union to be a strong voice that is not afraid of putting forward an am- bitious programme and plan of action. Weak EU commitments can only undermine our com- munities, our industries, our economies, our youth and our children," S&D Vice President Miriam Dalli told the European Parliament. These programmes would fo- cus on the transition and change needed, providing the necessary financial measures and horizontal policies that address all sectors. Dalli is a member of the Euro- pean Parliament delegation to the United Nations General As- sembly in New York, which will be focusing on action to address climate and sustainable develop- ment. Tuesday's agenda of the Euro- pean Parliament in Strasbourg kicked off with a debate with European Commissioner for Climate Action Miguel Arias Cañete, discussing the position that the EU will adopt during this Summit. Dalli insisted that "climate change is a global emergency re- quiring global solutions. How- ever, it is a strong EU leadership that can push for the required change, while supporting the most vulnerable countries." Dalli explained that, as things stand today, the Paris Agree- ment's targets would not be met. That is why immediate action is needed, based on the vision of an industry that is carbon neutral. "We must have clear decarboni- sation strategies by the different sectors like transport buildings, industry and energy amongst oth- ers. It is a European leadership that can speed up global action to tackle this climate emergency." In the fight against climate change, the EU must be a strong voice with an ambitious programme – Miriam Dalli Miriam Dalli is a member of the European Parliament delegation to the United Nations General Assembly in New York