The owner of a massive villa in Baħar iċ-Cagħaq yesterday filed a constitutional application claiming millions of euros in compensation after his application for a wedding reception hall was left pending for 22 years.

Joseph Difesa, a 64-year-old hawker, had waited for a change-of-use permit since he first filed the application in May 1992. The permit was eventually granted last year following a court case.

He is claiming that the lack of a proper policy governing such applications was in breach of his human rights, particularly to the enjoyment of his property. He is insisting that the Malta Environment and Planning Authority had no reason to refuse his application and is seeking compensation for a loss of business, with sources saying that the sum being sought runs into millions.

Mr Difesa submitted an application for a change-of-use permit to the police Planning Area Permit Board in 1992, and five years later to the Planning Authority.

The Development Control Commission refused the application and Mr Difesa then took his case to the Mepa appeals board.

In May 2003, the board ruled that a permit should be issued under certain conditions.

The planning authority again appealed the decision, claiming that the appeals board had gone beyond its powers.

The Appeals Court annulled the decision and sent the case back to the Mepa appeals board, which, in April 2011, confirmed its original decision and ordered that a permit be issued. The permit was issued last year.

Mr Difesa and his wife, Rita, are complaining that the permit was not issued earlier due to the lack of a proper policy regulating the change of use of properties into wedding halls.

Lawyers Professor Ian Refalo, David Camilleri and Joseph Gatt signed the application.

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