Application objector claims breach of rights

John Cordina, the registered objector to the sanctioning of the change of use of a wedding hall into a supermarket in Zabbar, filed a Constitutional application, claiming MEPA violated his rights as a registered objector to a sanctioning application when the Authority failed to act on enforcement notices issued over 17 years ago.

The plaintiffs claimed that they reside in a building adjacent to Scott's Supermarket in Zabbar. In 1991, the supermarket owners filed an application for a MEPA permit,'to sanction change of use from a wedding hall into a licensed supermarket, including extension to the supermarket and a parking area'. The same application was subsequently amended to read, ' an application for the extension of garages'. The application was turned down by MEPA but the applicant appealed. However, the appeal remains pending 22 years later.

The plaintiff said that the Authority issued various enforcement notices yet 17 years from the issuing of such notices, the illegal structures are still in place.

Furthermore, the owner's daughter filed a new application, 'to sanction as built, including supermarket extension, stores, car park and signs', an application still being reviewed by MEPA.

John Cordina argued that the whole supermarket structure was illegally built following the closing down of the former Corigo Hall. The new structure was four times the size of the Hall, no road contribution was paid for the entrance to the supermarket, under which the owners built illegal storage facilities, and both the front extension and the car park are not covered with MEPA permits.

The Constitutional Court is asked to decree that the Authority violated Cordina's rights to enjoy his property, and also the right to expedite proceedings when MEPA did not proceed with its enforcement notices nor decided about the second application filed by the daughter of the supermarket's owner.

The application was signed by lawyer Errol Cutajar and Legal Procurator Daniel Aquilina.