Last Updated on Friday, 13 December, 2024 at 11:31 am by Andre Camilleri
The Court of appeal has revoked the original permit for the Villa Rosa development.
The application in question dealt with the renewal of an application that was approved in 2016. The description of works read: “Demolition of all existing buildings forming part of St. George’s Bay Hotel and ancillary facilities, Dolphin House, Moynihan House and Cresta quay. Construction of parking facilities, hotels and ancillary facilities, commercial area, multi-ownership holiday accommodation, bungalows, language school with accommodation. Restoration of the Villa Rosa and upgrading of the facilities including parking facility, kitchen and toilets all below existing site levels within the Villa Rosa area to address catering facilities/wedding hall.”
The Villa Rosa Developers had, aside from the renewed permit, filed a completely separate permit which is the one currently in the public eye, proposing a high-rise development which includes two towers. This latter application is unaffected by the court decision, however the decree effectively means that the developer does not have a fall back to develop if the current application for high-rise development is rejected.
The court case in question
The 2022 application for the renewal of the 2016 approved permit had gone before the Planning Authority Board, however objectors highlighted that there was a lack of a site notice on the Cresta Quay side of the project. The court application also read that objectors at the time had said that there was lack of reference to all the roads on which the development would have a frontage in the site notice. The court decree read that the Planning Board had agreed, and decreed that the application be revoked up to post validation stage and the application be republished and reassessed. Objectors appealed, arguing that the decision should have stopped at the revocation of the permit and not gone ahead with the republishing. The court noted that the Environment and Planning Review Tribunal had agreed with the Planning Board’s decision on this, and objectors then filed an appeal in court.
The court found in favour of the objectors and ordered that the decision to revoke by the PA be confirmed, but to remove the bit that says the revocation is only up to post validation stage and for the application is to be republished and reassessed.
