A couple have filed a constitutional application claiming that a lack of adequate planning policy has resulted in a breach of their human rights.

The court application was filed against MEPA. The couple, Josef and Rita Difesa, had been trying to achieve permission for a change of use for Villa Difesa in Saint Clara Street, Bahar ic-Caghaq to a reception hall since 1992.

The application, filed by Lawyer Josef Gatt, reads that the Villa is surrounded by a significant amount of land and included a garden, pool as well as parking spaces. In 1992, the couple chose to apply to change the use of the location to a reception hall following technical advice that permission could be granted as it was for several other areas. In May 1992, the couple submitted an application with the Planning Area Permit Board for this change however it was rejected in 1997.

Subsequently, he filed a Planning Authority application asking for the change of use in 1997, however argued that the application remained processing until October 2013 and permission was granted in 2014.

The couple argued that due to the excessively long delay in the processing of the application and the granting of permission, mentioning that they have been deprived for over 20 years from using their land for their business, resulted in the loss of a large amount of funds.

They stated that this loss resulted in considerable debt for the applicants, arguing that they had the right for the competent authorities to decide the application on permission within a reasonable time. The couple claimed a breach of human rights due to this lengthy wait as their right to make use of their property was breached.

The court application asks the court to declare that their human rights were in fact breached due to the length of time, That the lack of an adequate policy, which they were obliged to prepare,  breached their right for use of property , order just compensation and issue orders and directives as necessary.