Birguma residents are outraged after illegalities in a neighbouring property were given the green light by the planning authority before they could have their say.

The residents objected to the development from the outset and succeeded in getting the contractor to scale down his original plans in 2007, but the project still went beyond what was permitted.

Now, the contractor sanctioned the illegalities through a fresh development permit, meaning the registered objectors were not notified of his request and were not able to raise their concerns.

To make matters worse, the site notice and newspaper advert notifying the public of the permit did not refer to sanctioning but “alterations”, meaning residents were led to think the illegalities were being fixed, not approved.

The contractor was already unpopular in the area after he dangerously dug under his neighbour’s pool, causing a sizeable chunk of the deck to collapse. Now, residents are fuming.

“The contractor always wins and the person who abides by all the rules is the loser,” said Rowena Mamo, who owns the property whose pool deck was damaged and spent years complaining about the project.

Built in a one-storey area, the development includes bungalows with illegal high basements and washrooms that cause a three-floor property to overlook Ms Mamo’s home.

When the illegalities were first noticed, construction was stopped for almost a year and an enforcement notice was issued.

Ms Mamo was then told by the Malta Environment and Planning Authority to carry out an independent survey of the site which, though costly, confirmed her claims.

Little did she know, however, that the survey was meaningless since the contractor was already in the process of getting the illegalities sanctioned.

According to the case officer’s report, the original application covered the excavation and construction of a large reservoir but the changes should not impact the nearby residents.

Asked about the fact that the word ‘sanctioning’ was deceptively excluded from the site notice, Mepa told The Sunday Times of Malta:

“Once a planning permit has been issued, if any third party believes that any procedures were not followed according to law, one may seek redress by submitting a request in terms of article 77 of the Environment and Planning Act (2010), using the form available on the authority’s website.”

Flimkien Għal Ambjent Aħjar said this was not the first time there were discrepancies in description of works and actual plans.