A damning report by the planning authority's watchdog concluded it would be "difficult to disprove" allegations that the authority approved several applications outside building zones in the run-up to the general election.

In the report, the Malta Environment and Planning Authority's auditor, Joseph Falzon said the Development Control Commission had acted "irresponsibly" and set "very dangerous precedents" when it approved an application in January 2008.

The application was for a permit to build a boundary wall, a tool shed, a reservoir and a pathway on agricultural land at Ta' Karlozzu, Siġġiewi.

The Planning Directorate recommended that the application be declined because, among other things, it was incompatible with the environmental characteristics of the area, it was not essential to the needs of agriculture and it went against a number of the authority's policies.

But with an attitude of "extreme arrogance", the DCC believed it could set policy by overturning the negative recommendation and approving the application anyway, Mr Falzon said in the report issued on February 3.

Despite the "very clear objections", the DCC "did not even bother" to indicate why the policies that the Planning Directorate had quoted did not apply to the application in question. Mepa had simply asked for a number of mitigation measures to be taken. Among these it wanted the pathway to be painted "dark green", the structures to be covered by "ivy climbers" and the tool shed and reservoir to be rendered in a natural colour with all external apertures constructed in timber.

"Now, any person who owns agricultural land outside a development zone can surround it by a wall, completely alien to the rural landscape, build a tool room in excess of the area specified in the relevant policies, pave a substantial part of the land with a very wide concrete passageway, as long as he paints it green, provided he uses weathered stone and plants some ivy," Mr Falzon commented in his report.

"If there was any need to prove that the DCC was completely insensitive to the need to protect and enhance the unbuilt environment located outside development zones, the approval of this application is sufficient proof of this," he said.

He also commented about information given in Parliament recently that a total of 107 such permits were issued between January and February last year.

The DCC board had resigned en masse just a week before last year's general election after it had approved the construction of a supermarket in Safi on land outside the development zone, which had been described as a "gross irregularity".

The board members were quickly replaced and Mepa was later criticised by then Labour leader Alfred Sant for being in a frantic rush to approve as many permits as possible before the election.

In Mr Falzon's concluding recommendations, he said no action could be taken against the DCC members because they had resigned and replaced by a new board. All that could be done was to "strongly censor" the DCC for approving the application without giving a valid reason for not accepting the recommendations and for doing so against the authority's approved policies.

When questioned about this case, a spokesman for the Office of the Prime Minister said the government had never put any pressure on Mepa to perform any irregular or illegal action. "The government expects the authority to strictly follow the approved policies and the requirements set at law."

The spokesman added that the Mepa reform, which would be launched in the coming weeks, would continue strengthening the accountability, transparency and efficiency of the authority.

A spokesman for Mepa said that although there were no grounds for the withdrawal of the permit it would in future not hesitate to take whatever action it deemed necessary to safeguard accountability and ensure transparency.

"As with all other reports published by the auditor, Mepa evaluates and takes on board any recommendations it deems sufficiently sound that can improve both the operations of its directorates and the decision making process of the boards," the spokesman said.

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