An appeal lodged by the planning authority from a decision of its appeals board to award a building permit to Victor Scerri was yesterday dismissed after Mr Justice Raymond Pace ruled the appeal had not been filed within the legal time limit.

The court heard that the Development Control Commission had refused to grant a permit to Dr Scerri to carry out development works on a site in Rabat.

Dr Scerri then appealed to the planning authority’s appeals board which, last September, upheld the appeal and authorised Dr Scerri to carry out the works provided that alterations to the plans were effected to limit the environmental impact.

The Malta Environment and Planning Authority then appealed from this decision to the Court of Appeal.

Mr Justice Pace pointed out yesterday that the appeal could not be considered because it had been filed outside of the legal time limit.

A person had 15 days at law within which to lodge an appeal. Mepa appeals board had delivered its ruling on September 22, 2011 and the appeal was filed by Mepa on October 10, 2011. This meant that the appeal could not be considered.