Court of Appeal confirms Commissioner’s recommendation

In a recent judgement, the Court of Appeal revoked the authorisation issued by the Planning Authority for the removal of part of the former Sea Malta building at Marsa.

In 2017 the Commissioner for Environment and Planning at the Office of the Ombudsman, Perit Alan Saliba, had recommended this authorisation to be rendered null and void since the Planning Authority did not appoint an architect to inspect the site as established in the Removal of Danger Development Order.  Whilst adopting two of the recommendations to appoint its own architect for other similar developments and  carry out minor changes in the relative application form, the Planning Authority did not agree with the Commissioner that this authorisation should be withdrawn.

The Court of Appeal confirmed the Commissioner’s recommendation.  Furthermore, the Court also rebuked the Planning Authority for not admitting its error and for its failure to fully implement the Commissioner’s recommendations thus leading to lengthy legal procedures.

Document:

29.12.2017 – Final Opinion

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