The Ombudsman’s Office is set to investigate Mepa procedures in cases such as that of Patrick Dalli, where evidence shows works were ongoing despite an enforcement notice.

Planning Commissioner David Pace said the case raises issues that are in the public interest and worthy of investigation.

He came to the conclusion after an invitation from the Opposition to investigate the issue on the Ombudsman’s own initiative.

The controversy erupted after this newspaper reported last November that workmen were carrying out works on a Żejtun farmhouse that had been served an enforcement notice by the planning authority because of breaches to the permit.

Men at work at the Żejtun farmhouse.

Mepa records show the contravener was Patrick Dalli, husband of Equalities Minister Helena Dalli. He has since applied to sanction all infringements and the next hearing at the planning authority is set for Tuesday.

The Opposition had argued that the planning authority should have dismissed the hearing because of the recent infringements, according to the Environment and Planning Act. Yet, Mepa is arguing there was no further “development” on site.

The bone of contention is therefore what is considered to be an infringement once an enforcement notice has been served. This is one of the points the Ombudsman’s office will look into.

Specifically, the Planning Commissioner is questioning where Mepa draws the line. In the public interest, the commissioner is querying whether there are guidelines the planning authority follows in such cases for the sake of transparency and good administration.

Meanwhile, Mr Dalli is suing Times of Malta over a series of articles related to the controversy. Both Mr Dalli and his wife, the minister, have argued they were not aware that workmen were on site because there is an existing promise of sale agreement on the property.

The development, which belongs to a company owned by Mr Dalli and his wife, is located a few metres away from their residence.

Mr Dalli has repeatedly promised to publish the promise of sale agreement requested by this newspaper. Eventually the minister presented a document in Parliament but this was only an extension of the original agreement lacking the necessary details.

Prime Minister Joseph Muscat said last November that Dr Dalli had acknowledged that things could have been done better in this case.