Ombudsman finds Planning Authority circular on regularisation to be ‘unfair’

The Commissioner for Environment and Planning within the Office of the Ombudsman ruled that a Planning Authority’s circular relating to irregular developments is “unfair, irregular and against the principles of natural justice”.

The issue had been raised by the Kamra tal-Periti, which felt that this had serious implications for those property-owners who had minor irregularities.

“The council of the Kamra tal-Periti does not condone illegal development in any way. However, once certain rights have been granted to property owners in the past these cannot be taken away at a later date, more so when the legal ramifications are wide ranging and potentially serious,” it said on Friday, following the Ombudsman’s decision.

Background to the Category B Concession

• Category B concessions (CTB) came into force in August 2012, enabling residential property owners to submit an application to the Malta Environment and Planning Authority – as it then was – to cover illegal development that fell within specific strict parameters.

• If approved, the applicant would then be allowed to request permission for alterations and additions to the property, and a Compliance Certificate for the provision...