The man who tried – in vain – to stop the planning authority allowing an LNG tanker to berth in Marsaxlokk Bay yesterday lost a court case to sanction an illegally built swimming pool and room in his back garden.

Fisheries Cooperative president Ray Bugeja did not manage to turn around a decision by the Malta Environment and Planning Authority’s Development Control Commission against his application to sanction the illegal development at his Marsaxlokk home.

The request to sanction had been refused on the basis of a policy regarding development in outside built-up areas, which limited the floor space to 150 square metres.

Moreover, the commission had noted a lack of proper landscaping around the excavated pool.

The court heard Mr Bugeja applied to excavate the pool and build the room in 2007, but this was refused.

He submitted another application to excavate the pool but this was withdrawn.

But the development went ahead and the planning authority then issued an enforcement notice to stop him carrying on with the project. The pool was eventually completed.

Mr Bugeja took the case to the Court of Appeal, arguing that the policy referred to by the commission contained guidelines and was not set in stone.

He also argued that the floor space on the ground floor level did not exceed the stipulated amount.

However, the court, presided over by Mr Justice David Scicluna, ruled the planning appeals tribunal had not misinterpreted the policy and there was no reason why the court should alter the earlier decision. He dismissed Mr Bugeja’s appeal.