A man whose application to turn his Bahar Ic-Caghaq villa into a wedding reception hall had been left pending for 22 years has filed a Constitutional application claiming compensation for a breach of his human right, particularly that to the enjoyment of his property. 

Joseph Difesa, a 64-year-old hawker, has been waiting for a change of use permit since it was first filed in May 1992 - 23 years ago. 

He is insisting that the Malta Environment and Planning Authority had no reason to refuse his application and is seeking compensation for loss of business, with sources saying the sum being sought running into millions of euros.

In an application filed today, Mr Difesa said he first applied for a change of use permit in 1992, before the police Planning Area Permit Board and five years later before the Planning Authority. 

The Development Control Commission refused the application and Mr Difesa then took his case to the Mepa appeals board.

In its preliminary decision, the appeals board had turned down the planning authority’s arguments, leading Mepa to take the matter to the Appeals Court which, in June 2002, again turned down the appeal and ordered that the case is heard again by the Mepa appeals board.

In May 2003, it ruled in Mr Difesa’s favour, ordering that a permit be issued under certain conditions.

The planning authority again appealed the decision, claiming that the appeals board went beyond its power.

The Appeals Court annulled the decision and sent the case back to the Mepa appeals board which, in April 2011, confirmed its original decision and ordered that a permit be issued. The permit was issued last year.

Mr Difesa and his wife Rita are complaining that the permit had not been issued because of a lack of a proper policy regulating the change of use of properties into wedding halls. 

Lawyers Professor Ian Refalo, David Camilleri and Joseph Gatt signed the application.