Mepa Auditor Joe Falzon has slammed the Planning Authority’s Development Control Commission A over the way it granted an outline permit for the development of land in Mistra as a disco, and has recommended that the permit be withdrawn.

Mr Falzon carried out the investigation at the request of the Prime Minister amid the controversy at the end of the electoral campaign surrounding Jeffrey Pullicino Orlando, to whom the land belonged.

The case centred on application PA5880/05 submitted in September 2005 by Mr Ian Sultana for “utilization of an open area as an open air entertainment area.”

“The applicant declared that he was not the owner of the land, and submitted a copy of a registered letter sent on his behalf by his architect to the owner of the land informing him of the application,” Mr Falzon said.

In his conclusions and recommendations, Mr Falzon said:

1. “The investigation requested by the prime minister confirms that application PA5880/05 was not assessed according to official policies. The Development Control Commission A is solely responsible for this gross irregularity in the approval of this planning application.

2. "The Development Control Commission is strongly censured as

(a) They failed to abide by the provisions of the Development Planning Act when they overturned the recommendation of the Planning Directorate without justifying their actions on planning grounds.

(b) "They permitted a development which manifestly goes against planning policies as established by Mepa and approved by the minister responsible.

(c) (c)They created a dangerous precedent which would allow development outside development zones, not in accordance with established policies, i particular the provisions of the Structure plans and the local plans.

(d) they ignored the provisions of the EU Habitat Directive and consequently the provisions of LN311/06 concerning the protection of listed sites.

(e) They failed to consider the possibility (highly likely) that this type of development needs an environment impact assessment," Mr Falzon said.

He added that:

“No action in their regard is being recommended as in the meantime the DCC board has resigned,” the auditor said.

He said he was advising Mepa to initiate proceedings for the withdrawal of the permit since that it was issued in contravention of the provisions of the EIA regulations (LN114/07) and the EU Habitat Directive (LN311/06).

Mepa, he said, was also being advised to propose an amendment to the Development Planning Act to allow for the modification or withdrawal of an approved permit if it is shown that a particular development application has been approved contrary to official policies.

Earlier in his report, the auditor questioned what had led the DCC to issue the outline permit. He said that since he had been informed that the police were investigating the possibility of criminal responsibility in the matter he was limiting himself to the shortcomings of Mepa in the matter.

“The DCC had ample warning of the illegality of its actions. They had been informed over and over again that the application was not acceptable in principle, yet they chose to ignore all these recommendations without even submitting the slightest justification for their decision. The members of the DCC-A were all experienced persons, some of them with long involvement in planning and spatial development. They were definitely very competent persons (although I have been informed that two members of the DCC had been appointed to their post a few days previously) Yet they chose to ignore all recommendations and approve the application, Mr Falzon said.

Mepa in a reply to the auditor said that without necessarily sharing all the consideration expressed in the report, it agreed with the conclusions and comments. It also pointed out that the application for a full development permit has been withdrawn by the applicant.

Mepa said it would initiate action to revoke the permit in terms of the Development Planning Act “since its approval constitutes an error on the face of the record which offends against the law.”

The government in a statement said the Prime Minister agreed with the report conclusions and has asked Mepa to initiate the recommendations made.

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