Issue link: https://maltatoday.uberflip.com/i/1544773
IN a definitive ruling delivered on Monday the Court of Ap- peal dismissed an appeal by the Għaxaq Local Council, effective- ly confirming the development permit for a fireworks factory in the rural outskirts of Għaxaq. The judgment, presided over by Justice Mark Simiana, marks the end of a protracted dispute over the site at Il-Ħbula. The case concerned planning application PA/02831/12, sub- mitted by Adrian Theuma on behalf of the Għaqda tan-Nar San Gabriel of Tarxien. The Planning Authority originally approved the application in Oc- tober 2023. That decision was subsequent- ly challenged by the Għaxaq and Gudja local councils before the Environment and Planning Re- view Tribunal (EPRT), which rejected their objections in Oc- tober 2025. The Għaxaq Local Council then escalated the mat- ter to the Court of Appeal. The 183-metre safety buffer A key point of contention was the 183-metre safety distance re- quired under the Explosives Or- dinance (Chapter 33). The coun- cil argued that the proposed factory was too close to Torba Farm, as well as nearby roads and commercial activity. However, both the Tribunal and the Court confirmed that the law defines an "inhabited place" as a cluster of dwellings capable of accommodating more than 100 persons. Evidence showed that Torba Farm was occupied by just two residents and therefore did not meet this threshold. The Court also clarified that the 183-metre buffer must be measured from the centre of the explosive's magazine, rather than the site boundary. On this basis, nearby roads and struc- tures fell outside the restricted zone. Agricultural and environmental concerns The council further argued that the development would lead to the loss of agricultural land and undermine the rural character of the area, allegedly conflicting with the Strategic Plan for the Environment and Development (SPED). The Court rejected these claims, noting that the Fire- works Factory Complexes Poli- cy (FFCP) allows such develop- ments on dry agricultural land on a case-by-case basis. In this instance, the land was classi- fied as "dry," and the authorities had recommended landscaping measures rather than refusing the application outright. Limits of the Court's jurisdic- tion Justice Simiana stressed that the Court of Appeal's role is confined to points of law and does not extend to reassessing planning merit or technical dis- cretion. He concluded that the council's appeal largely chal- lenged the Tribunal's factual and discretionary findings rather than identifying any legal error. With the appeal rejected, the Court confirmed that all statu- tory safety distances and plan- ning policies had been correctly applied, clearing the final legal hurdle for the Għaqda tan-Nar San Gabriel to proceed with the project. As approved the fireworks fac- tory will be constructed in close proximity to the area where fireworks are fired from during Ghaxaq's two feasts. 12 maltatoday | WEDNESDAY • 6 MAY 2026 NEWS JAMES DEBONO jdebono@mediatoday.com.mt Robert Abela & Alex Borg ON TVM • THURSDAY 21 MAY • 9.15PM Court of Appeal upholds permit for Ghaxaq fireworks factory