Court dismisses ‘massive conflict of interest’ claims for new Tarxien fireworks factory in Għaxaq

Għaxaq residents are incensed over a controversial court judgment that cleared the way for a new fireworks factory operated by Għaqda tan-Nar San Gabriel of Tarxien to be built in their locality.

The Court of Appeal dismissed claims that a key member of the technical committee assessing the project had a conflict of interest.

The allegations centred on committee member Charles Briffa, who admitted during testimony that he imports and sells pyrotechnic material and had supplied fireworks material to organisations, including for the Tarxien feast.

Objectors argued that Briffa should never have participated in the government-appointed committee evaluating the application because of his commercial links to the fireworks industry. They claimed his involvement undermined the credibility of the committee’s report, which was a crucial part of the planning process that eventually led to the permit’s approval.

However, both the Environment and Planning Review Tribunal (EPRT) and the Court of Appeal, presided by Judge Mark Simiana, rejected the argument, ruling that there was insufficient evidence to prove any improper conflict of interest as required by law.

The court observed that Briffa’s involvement in the pyrotechnics industry had long been known, and he had even contributed to drafting Malta’s fireworks factory policy years earlier due to his expertise. Judge Simiana also noted that the committee’s recommendations were adopted unanimously rather than by individual votes.

In its judgment, the court ultimately upheld earlier decisions by both the Planning Authority and the tribunal, confirming the validity of the permit for the construction of the fireworks factory at a site known as il-Ħbula.

The appeal had been filed by the Għaqda Mużikali San Ġużepp Ħal Għaxaq, the Għaqda Mużikali Santa Marija Ħal Għaxaq, and several residents, who argued that the development posed risks to public safety, agriculture, cultural heritage, and nearby residential areas.

The proposed factory had originally been approved by the Planning Authority in October 2023.

One of the main concerns raised by the appellants related to the site’s proximity to historic landmarks, including the Grade 1 scheduled chapels of Santa Luċija and Santu Kristu, as well as Torri ta’ Kalamija.

Yet the court concluded that the proposed development would not directly impact the heritage sites and noted that the structures were located outside the mandatory 183-metre safety buffer established under Maltese law.

Agricultural concerns also featured heavily in the case.

Objectors argued that the project would destroy agricultural land and negatively affect nearby farmers. However, official agencies confirmed that the site consisted of dry agricultural land rather than irrigated fertile land.

The court noted that Malta’s Fireworks Factory Complexes Policy allows such developments on dry agricultural land on a case-by-case basis.

The appellants also claimed that the proposed factory was too close to roads, residential structures, and an existing fireworks firing site used during village feasts.

But the court ruled that the legal safety distance had been correctly measured from the centre of the proposed storage magazines, as required by law, and found no breach of the Explosives Ordinance.