The Land Department’s transfer of public land in the case involving a three-storey commercial building in Burmarrad was “legally irregular”, according to lawyers who spoke to the Times of Malta.

The Sunday Times of Malta reported last Sunday that a controversial development permit issued for a commercial development in an outside development zone in Burmarrad was only possible after the involvement of the Land Department.

The site could only be used for agricultural activities until 2063 as it was public land given to the Farmer’s Wine Co-operative in 1965 on emphyteusis to be used for wine production. The cooperative sold the emphytheusis for €815,000 in 2008 to BCBT Properties, a company in which Burmarrad Commercials is a main shareholder. At that point, the condition of its use for agricultural activities still stood.

The company made several attempts to develop the area for commercial activities under the former administration but the conditions of the emphytheusis did not permit it, sources said.

Following the change in government, the Land Department included third parties in a move that resulted in all conditions tied to the use of the land being dropped.

The company that ultimately acquired the land was BCBT, which was finally able to use it for commercial activities.

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