A MEPA board has turned down a request to sanction illegal developments in a Żejtun farmhouse owned by Equal Opportunities Minister Helena Dalli, even though the case officer assigned recommended approval of the project.
Originally, the case officer assigned to planning application PA/3103/12 - "to sanction alterations and extension of existing farmhouse" in 13, Triq id-Daħla ta' San Tumas/Triq ir-Ramla, Żejtun - had recommended that MEPA's Environment and Planning Commission Division A (EPC A) should turn down the application.
However, this changed when fresh plans were presented by architect Brian Ebejer, which include demolition works which would bring the building's footprint down from 365 to 339 square metres.
As a result of this reduction, the farmhouse's floor area would be just short of the maximum area - 341 square metres - permissible for the site in question, and the case officer is now recommending that the permit be granted.
This maximum area, however, appeared to have been calculated using a planning policy that did not exist when the application to sanction the illegal works was made by Patrick Dalli - the minister's husband and co-owner of the property - in 2012.
In fact, MEPA's Planning Directorate quoted the Rural Policy and Design Guidance 2014 policy, as the farmhouse is located outside of the development zone in the rural hamlet of Ħal Tmiem, in the limit of Żejtun. This new policy has proven to be controversial, with environmental NGOs generally expressing concern that it may pave the way for further development in rural areas.
Applying new policies to a development application which precedes it is standard practice, although in this case, it would mean that Dr Dalli - as part of cabinet - approved a policy that may have ensured that illegal works on her property would ultimately be sanctioned by MEPA.
The EPC A board last met to discuss the project on 3 February, and chairman Elizabeth Ellul said that it was ready to issue a decision there and then. However, the deision was postponed at the request of architect Brian Ebejer, as Mr Dalli was unable to attend.
But when the board convened to issue its decision today, Ms Ellul warned Mr Ebejer that while the case officer was recommending granting the permit, this did not impose upon the board to do so.
In the end, none of the board members raised their hands when asked if they would approve the vote, and they unanimously ended up voting against granting the permit.
The development had been at the centre of controversy when it was made public late last year, but Dr Dalli had insisted that she did not know that illegal construction works had taken place, even though the property is just a short distance away from her home, which is also on Triq id-Daħla ta' San Tumas.
Such a claim would also imply that her husband kept the illegalities secret from her, as he was the person notified by MEPA when an enforcement notice was issued, and the one who applied to sanction the multiple illegalities on site.
The minister also noted that a promise of sale had been signed over the property, and that the new prospective owner was carrying out works on site. But the Dallis still remain the legal owners of the property, through the company Pada Builders Ltd.
In a statement, the Nationalist Party said it was always right on the issue, and confirmed how wrong the Prime Minister was when he defended the minister.
Minister Dalli must now shoulder her political responsibility, and it is also a test for PM Muscat to force her to do so, the PN said.