The Planning Authority yesterday revoked a permit for an information kiosk in St Julian’s saying it had made a “mistake” during the application process.
The application was meant to be assigned to a particular environment and planning commission but was erroneously allocated to another, it said.
Lawyer Ian Stafrace argued before the PA's board that the applicant should not be held liable for a mistake that was made by the regulator. He said the board always ratified the original decision made when similar mistakes were committed in the past and this case should be no different.
The lawyer argued the onus was not on the applicant to make sure the application was processed by the correct commission.
Applicant John Bonello faced stiff competition in a call for tenders for the leasing of the site in Ross Street as both Joseph Tanti and Mark Gaffarena were bidding for the kiosk.
The PA also flagged discrepancies in the ownership certificate submitted by the client.
Dr Stafrace said his client was notified about the application being processed by the wrong commission, yet, the PA failed to notify him about the ownership certificate discrepancy.
He noted that the correct details in the ownership certificate were given in the electronic copy submitted to the PA. The “cosmetic mistake” in the hard copy had no material effect on the permit issued, the lawyer insisted.
Applicant John Bonello faced stiff competition in a call for tenders for the leasing of the site in Ross Street as both Joseph Tanti and Mark Gaffarena were bidding for the kiosk.
Mr Tanti’s name is synonymous with kiosk operations and Mr Gaffarena has been the subject of controversy over an illegal petrol station in Qormi and the expropriation scandal in Old Mint Street, Valletta.
Six board members voted in favour of the permit being revoked and four members voted against.
Prior to the vote, Nationalist MP Ryan Callus, who also sits on the board, argued that the applicant should not be made to pay for what was essentially a mistake by the PA.
The Nationalist deputy mayor of St Julian's, Albert Buttigieg argued in favour of the revocation saying the local council wanted the existing pavement on Ross Street to be narrowed to ease traffic flows.
Dr Buttigieg said a number of illegal touts had already occupied the pavement and a kiosk would only add to the inconvenience caused to pedestrians.
In a clarification this afternoon, board member and Labour MP Joseph Sammut said he actually voted against the eventual decision and not in favour.
The error is regretted.