The Ombudsman has slammed the Planning Authority over the lack of action it took against rule breakers in a case, saying that the way the Planning Authority acted was an encouragement for contravenors to do as they please.

The Office investigated a complaint alleging lack of action by the Planning Authority against irregularities consisting of roof services and tables and chairs at a commercial outlet in front of the Mellieħa sanctuary.

"The Planning Authority did not reply to a request by the Commissioner whether it considers the outside catering area as irregular and the services on the roof to run against the condition of the permit that states that all services shall not extend beyond the height of the approved parapet wall. On noting the recent submission of a development application proposing an outside catering area and a minor amendment application to regularise the roof services, the Commissioner highlighted the fact that the proposed application does not include sanctioning and that any attempt to regularise the services through a minor amendment application does not in any way overrule the relative permit conditions," a statement by the Ombudsman's Office read.

"After the Planning Authority failed again to submit an official reply, on 22 January 2024 the Commissioner recommended the issue of a stop and enforcement notice since no sanctioning application was submitted for the regularisation of the existing illegal developments consisting of an outside catering area and roof services that extend beyond the height of the approved parapet wall."

"Although the applicant changed the pending application to sanctioning on the same day that the Commissioner issued the recommendations, the Commissioner considers the way the Planning Authority acted in this case as an encouragement for contravenors to do as they please since the Planning Authority will not only take no action, but it will also help them in avoiding such action. The use should have immediately been stopped in line with Article 73(1) of the Development Planning Act whereas an enforcement notice should have been issued against the services on the roof."

This case was then referred to the Prime Minister and to the House of Representatives in line with the Ombudsman Act.