Contesting permit conditions before Tribunal following a decision from the same Tribunal

According to the appellant, the condition was unduly inserted by the Authority following an order by the Tribunal to issue the permit.

The applicant contended that the Authority was legally incorrect to impose such a condition, adding that the condition  “goes against the spirit of previous  decisions”. Indeed, it was alleged that the MEPA made a similar attempt to include such condition in the original permit (for the construction of the farmhouse), and was nonetheless stopped by the Court. The applicant also told the court that he is a full time farmer tilling 50 tumoli of agricultural land.

For its part, the MEPA insisted that it had every right to impose a condition stating that new ODZ dwellings can only be utilised by a full time farmer, the widow or widower and dependants.

In its assessment, the Court observed that in this case, the appellant was alleging that the Authority issued a permit subject to an arbitrary condition following a Tribunal decision even though the Tribunal made no reference to such a condition. The Court underlined that it is legally possible for an applicant to contest the contents of a permit being issued by MEPA following an order by a Tribunal on the grounds that the plans and permit conditions do not reflect the direction given in the appealed decision.

Nonetheless, the Court found that in contrast with the allegations brought forward, the  “contested matter” (that is the condition specifying that the farmhouse shall be occupied by a farmer) was never discussed before the Tribunal. The Court maintained that the Tribunal’s remit, in this case, was strictly limited to establish whether the plans and permit conditions issued by the MEPA following an order of a previous Tribunal decision essentially reflected the contents of such decision.  The appellant could not avail himself of such opportunity to introduce further grievance.

Against this background, the Court rejected the appeal.

Court: Applicants have the right to contest the contents of a permit before the same Tribunal on the grounds that the plans and permit conditions do not follow the direction given in the appealed decision

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Robert Musumeci is a warranted architect and civil engineer. He also holds a Masters Degree in Conservation and a degree in law