Home owner files judicial protest to stop excavation works adjacent to his residence

Home owner files judicial protest to stop excavation works adjacent to his residence

home owner files judicial protest to stop excavation works adjacent to his residence - Home owner files judicial protest to stop excavation works adjacent to his residence

A home owner has filed a judicial protest against a hotel developer, requesting him to stop excavation works adjacent to his house or face a court case.

Jeffrey Azzopardi of Msida filed the judicial protest against Mark Agius, who applied with the Planning Authority under permit application PA/04051/19 for the “proposed demolition of existing from ground-floor level upwards, and construction of new hotel including lobby area, toilet and breakfast/cafeteria (Class 4C) at ground floor, ancillary facilities at basement level, hotel accommodation from level 1 to 9 (Class 3b) and pool deck area at level 9.” The property in question, Mireva Buildings, is very close to the University of Malta’s Msida campus.

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Azzopardi had objected to the permit, explaining that parts of the planned development would require digging which would not observe the minimum 76cm distance from his house’s walls as required under the Civil Code.

The judicial protest, filed by lawyer Anthony P Farrugia, points out that it was a legal requirement that Agius carry out geological surveys on the subsoil before carrying out works in order to ensure that the excavations would not expose Azzopardi’s life or property to danger.
Azzopardi argued that there were a number of large wells in the subsoil directly beneath their property, which would result in danger to the structural integrity of the several properties, including that belonging to the Azzopardi if the wells were compromised by the proposed excavation.

The judicial protest comes less than a week after Prime Minister Joseph Muscat ordered a nationwide halt to all building excavation works following three serious structural collapses on private properties caused by adjacent digging works. 

The document filed in court warns Agius not to carry out any works, even if they are covered by a Planning Authority permit, until all the necessary measures to safeguard neighbouring properties were taken, or face court action for damages

 

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