Villa owner seeking ‘millions’ in lost profits after 17-year permit wait

The owner of a wedding reception venue in Bahar ic-Caghaq has today filed a judicial protest against MEPA, claiming that the planning authority’s “negligence” in refusing to issue him a permit for 17 consecutive years cost him “millions” in lost profits.

In his judicial protest filed against MEPA this morning, the plaintiff, 63-year-old Joseph Difesa, argued that in 1997, he applied for a permit to convert his Bahar ic-Caghaq villa in a wedding reception venue.

However, the Malta Environment and Planning Authority consistently refused to grant the permit – a bone of contention for Difesa who is insisting that the planning authority’s refusal was not based on sound reasons, but conversely as a result of its failure to introduce a proper policy to regulate such applications.

Moreover, Difesa insisted that in view of similar situations and permits, he should have been granted the permit.  

Filed by Lawyers David Camilleri and Joseph Gatt, the judicial protest further calls on MEPA to remedy the situation by paying 17 years’ worth of lost profit. Sources close to the case said the sum Difesa is seeking runs into millions.

Difesa explained that the application for a permit was first refused by the Development control Commission in 1997, and he subsequently appealed before the MEPA appeals board.

The appeals’ board upheld the plaintiff’s appeal, leading MEPA to revoke the permit before the Civil Court. The Court then turned down the appeal and ordered that the case is heard again by the MEPA Appeals board.

In May 2003 – almost six years after the first application was lodged – the appeals’ board ordered that a permit be issued, however under stringent conditions. After trading another set of appeals, MEPA issued the permit in 2014, bringing an end to a 17 year saga.

Lawyers David Camilleri and Joseph Gatt signed the judicial protest.