The developer of an office block built in place of previously approved stables in Birżebbuġa has asked Mepa to reconsider a fine of €6,000 imposed after the building was constructed larger than had been approved.

In his request for consideration, architect Charles Buhagiar, representing Andrew Briffa, argued that the fine was “exaggerated”, as it applied to a building that had already been sanctioned by an earlier permit.

The fine, the architect argued, should be calculated only on the part of the development built over the terms of the permit, an additional area of approximately 60 square meters, and not the entire building footprint.

Two applications to construct stores and offices and a room for agricultural implements were refused on the site before a full development permit to construct stores and offices and sanction buildings that had already been constructed was granted, after a reconsideration, in 2004.

The fine was exaggerated as it applied to a building that had already been sanctioned by an earlier permit

The application was originally refused in 1999.

The site, which is outside development zones, has been the subject of numerous enforcement actions in the past 10 years over the construction of various structures, including a parking area, toilet, stairwell and boardroom.

Further enforcement action was taken over a change of use of the site from agriculture to dumping of inert waste and heavy machinery.

The case officer has recommended that the latest request for a reconsideration be dismissed, as the offence falls within a list of penalties laid out by law.

The Environmental Planning Commission board, which heard the case yesterday morning, has deferred a decision while the arguments are considered by the relevant directorate.

In February, Mepa announced the revision of its policy on horse stables, intending to tighten up the policy against possible abuses in the change of use of stables and related facilities for alternative, undesirable land uses.