Recommendation not implemented: Loading Bay and relative works order infringed both the Authority for Transport in Malta Act and the Development Planning Act

In terms of Article 22(4) of the Ombudsman Act, the Ombudsman, Mr. Anthony C. Mifsud, and the Commissioner for Environment and Planning, Perit Alan Saliba, have sent to the House of Representatives the Final Opinion regarding an administrative act by Transport Malta following the implementation of an un/loading bay.

In his Final Opinion, the Commissioner found that Transport Malta authorized an un/loading bay for a development that the Planning Authority approved on condition that any un/loading activity should not be carried out from the street.

The Commissioner recommended that Transport Malta withdraws the authorisation for this un/loading bay and sees to the implementation of its removal to be reverted to the parking bay as it was before. Also, he recommended that Transport Malta only issues authorisations for similar requests after it ascertains that similar conflicting development permit conditions are first overturned by the competing authority.


Transport Malta through its legal representatives informed the Commissioner that it did not agree with his conclusions and therefore was not implementing his recommendations. Thus, the Commissioner referred the Case to the Prime Minister in October 2021. Since no action has been taken, the Ombudsman and the Commissioner sent the report to the attention of the House of Representatives.


23.08.2021 – Final Opinion

24.09.2021 – Reply from TM

11.10.20201 – Letter to PM

09.11.2021 – Letter to Speaker

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