Wednesday, May 11, 2005

Anti-Funicular Groups welcome DPC decision

Gibraltar has declared in favour of protecting the heritage, natural history and environment which are its very soul and essence, the anti-funicular alliance has declared.

The alliance comprising the Environmental Safety Group, GONHS and the Gibraltar Heritage Trust says the “significance of this victory for our community cannot be exaggerated.”

A spokesman for the groups said:

“We wholeheartedly welcome the rejection by the Development & Planning Commission of the Funicular proposal and rejoice in the fact that good sense has prevailed within Gibraltar’s ultimate planning body, which says a great deal about the professionalism of its members.

We are grateful for the overwhelming support received from members of the public and in particular to all who signed its Anti-Funicular Petition.

We must stress that the version of the Commission’s decision which appears to have been given to the media is confusing and compels us to stress that, under planning law, a rejection of outline planning permission is outright. To give the developers the mistaken impression that this matter is still on hold is to cruelly mislead them.

Clearly the applicants have a right of appeal, in the same way that objectors will have recourse to judicial review if that appeal is upheld. Alternatively, the applicants are free to submit new proposals which, as planning procedures are understood, would perforce require a completely new application. However, since every aspect of the rejected proposals has been subjected to detailed examination and have in totality been found wanting, this course would appear to have little to recommend it.

The law is also clear in that Government cannot override a rejection by the Planning Commission, although it can have the last word when, as landlord, it chooses to refuse a licence to a project that has been granted planning permission."


Related Links:

Gibraltar News Online Poll gives a resounding 'No' to proposed Funicular Project

Funicular Project Photomontage

Funicular Proposal fails at first stage

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