Issue link: https://maltatoday.uberflip.com/i/1180732
NEWS maltatoday | WEDNESDAY • 30 OCTOBER 2019 2 JAMES DEBONO THE Malta International Air- port is planning a carpark ex- tension over 10,730 sq.m of land between the cargo termi- nal and the industrial estate. Part of the site is already used as a carpark while most of the site is covered by grass, trees and dilapidated structures. The new carpark will include 300 parking spaces. The application foresees the uprooting of 27 existing trees, landscaping works and plant- ing of 78 new trees along the perimeter of the car park. Last year the PA had ap- proved extensions and altera- tions to the existing cargo terminal and alteration to existing service road layout which foresaw the uprooting more than 20 other trees. The Planning Authority's panel on design issues has expressed its concern on the proposed development, de- scribing the area in question as "the last green lung within the semi-industrial area". The Design Advisory com- mittee has called on the ar- chitects to revisit the proposal to ensure that as many exist- ing trees as possible are left in their current location and the parking bays are "re-arranged to fit in between them". Instead of asphalting the parking area as proposed, the DAC has proposed the use of either grass- blocks or a per- meable paving grid system, "to allow for a more natural feel to the area." The Environ- ment and Resources Author- ity which is currently approv- ing a nature permit requesting the uprooting of the trees also proposed the use a permeable grid system. 30 protected trees including six Aleppo pine trees already found in the area will be re- tained on site. 27 trees includ- ing three protected trees ( a tamarax tree and two cypress trees) will be uprooted. In- stead 78 new trees including 10 Aleppo pine trees and 40 cypress trees will be grown along the boundary of the car park. MIA seeks 300 new parking spaces in green area Notice in terms of article 495A of the Civil Code Issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section Application number: 40/2019 Application in terms of Article 495A of the Civil Code Mary Sultana in her own name and on behalf and in representation of Joseph Debrincat, Gloria Portelli; Antoinette Portelli, siblings Debrincat, sons of the late Michael Debrincat and Mary Debrincat nee` Grima and Joanna Rose Farrugia, on behalf and in representation of George Debrincat, Maria Assunta Debrincat, Joseph Debrincat, siblings Debrincat, children of the late Joseph and Elizabeth née Fenech together with Mary Debrincat widow of Vincent Debrincat, Robert Grech, son of Lawyer Alfred Grech and of the late Valerie nee' Stefan in his own name and on behalf and in representation of Robert Stefan and Trisch Hickman, children of the late Rosemary Stefan; John Farrugia along with Emanuel John and his wife Vicky Farrugia, Vs Dr Deborah Camilleri who by virtue of a decree dated 9th July 2019 was appointed Deputy curator to represent the absent Mark Stephan, Paul, Gary, Gordon and Gina siblings Debrincat all residing in the United States of America. By means of the said sworn application of Emanuel John Farrugia humbly submits and confirms on oath whilst he declares that he knows the following facts personally: 1. This present application relates to the following premises with number seventy-two (72) in Triq Sant' Orsla, Victoria, Gozo, which premises consists of: (i) ground floor garage without its airspace; (ii) a cellar at basement level which cellar extends under the part indicated as letter B on the plan annexed to the same promise of sale and which cellar also includes its subsoil; (iii) The garden of the same premises includes both its airspace as well as its subsoil And this as best shown on the plan annexed to the preliminary agreements already signed between the parties. 2. The premises was originally acquired by George Debrincat and his wife Coronata known as Fortunata Micallef by virtue of a deed of partition and donation published in the acts of Notary Francesco Refalo dated the nineteen (19th) September of the year nineteen and two thirty (1932). From these people, it has been either, inherited, or sold as listed in Document "B" here annexed; 3. That by virtue of: (i) a promise of sale signed before Notary Anthony Hili dated the thirty-first (31st) January of the year two thousand and nineteen (2019), all applicants except Robert Grech, Robert Stefan Trisch Hiekman bounded to sell sixteen from thirty two (16/32) undivided shares each or rather one half (1/2) undivided share of this property to applicants John and Vicky Emanuel Farrugia at the price of eighty-six thousand, nine hundred and sixty two euros (€86,962) a promise which is duly registered with the Inland Revenue number PS201902743; (ii) The promise of sale signed before Notary Anthony Hili on the second (2nd) March of the year two thousand and nineteen (2019), the applicants expect Robert Grech, Robert Stefan Trisch Hikman bounded to purchase three from thirty-two (3/32) undivided shares each from this premises to applicants Emanuel John and Vicky Farrugia at a price of sixteen thousand, three hundred and five euros and thirty-eight cents (€16305.38) which promise is duly registered with the Inland Revenue PS201906690 number; (iii) The promise of sale signed before Notary Anthony Hili on the second (2) May of the year two thousand and nineteen (2019), the applicant John Farrugia bound to sell one forth (1/4) undivided shares each of this property to Emanuel John and Vicky Farrugia at a price of forty-three thousand, four hundred and eighty-one Euro (€43,481) which promise is duly registered with the Inland Revenue. 4. Thus only the remaining respondents: (i) Mark Stephan did not adhere to this promise of sale. That this respondent has a quota of one from thirty-two (1/32) undivided shares each from this property; (ii) Certain Paul, Gary, Gordon and Gina all children George Debrincat did not adhere to this promise of sale. These respondents all together have a quota of one-eighth (1/8) undivided shares each from this property. 5. That the applicant believed that the original price agreed between all applicants except Emanuel John and Vicky Farrugia and the same Emanuel John and Vicky Farrugia as advantageous considering the measurement of this property, the state in which the building is located, as well as the location in which it is situated, and all the circumstances related to these properties as shown by the valuation of the Architect annexed as Document C; 6. That the applicants have been trying to make contact with the respondent but failed to obtain its consent to the proposed sale; Therefore the applicants humbly submit that this Honourable Court, subject to the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of Chapter 16; (1) Declares that the price and the conditions originally proposed for the sale of the shares of all applicants except Emanuel John and Vicky Farrugia from the property above described to the same Emanuel John and Vicky Farrugia is fair and appropriate and the same price and conditions shall apply to sales pertaining to the respondent from the same property; (2) Approve the proposed sale, and ordering the publication of the deed of sale even for that which concerns pertaining quota to the respondents Mark Stephan and Paul, Gary, Gordon and Gina all children of George Debrincat, in day, time and place to be fixed and therefore appoint Notary Anthony Hili to publish the deed of sale opportune, with the intervention deputy curators to represent the eventual defaulters on the act. With costs against the respondent. The application is appointed for hearing for Friday the 6th of December 2019 at 9.15am. Registry of the Court of Magistrates (Gozo) This 20th September 2019. Maureen Xuereb, For the Registrar, Gozo Courts and Tribunals