The Planning Authority has failed to clear a large illegal industrial complex in Dingli’s countryside that includes a marble factory and a big storage area built on public land without any permit.
The series of illegalities, which took place in piecemeal fashion over a number of years, were investigated and declared illegal by the PA back in 2005.
Edward Zahra, the owner of Rabat Marbles, had filed a number of legal challenges to counter the PA’s enforcement actions and warnings to stop. In 2012, the Court of Appeals had confirmed the PA’s stance, declaring that the entire complex occupied by Mr Zahra was illegal.
Seven years later, the planning watchdog failed to carry out direct action, leaving Rabat Marbles operating illegally, sparking claims among neighbours that “the owner of the illegal factory is politically protected”.
Asked to explain why the PA did not act since 2012, when the court made its final declaration that the complex was operating illegally, a spokesman said it was still working on the file. Insisting the PA had no political direction to ignore the law, he added: “Direct action against enforcement cases, which have accumulated over the years, is taken according to priorities”.
He noted that “in all pending direct action cases, the Planning Authority does its utmost to persuade the contravener to remove the illegal development”.
Owners had been approached several times by different government entities
Senior PA sources told Times of Malta that the owners of Rabat Marbles had been approached several times by different government entities to regularise their position and move the facilities to a legally-established industrial site, which was had all the necessary permits. However, Mr Zahra has, so far,declined all offers made, the sources said.
According to documents seen by Times of Malta, the owner of Rabat Marbles admitted with PA enforcement officers that he was illegally using public land held by the Joint Office.
The PA started taking action after a parliamentary question was tabled by then Labour MP Joe Sammut in 2005.
Times of Malta asked the PA to list the pending direct actions to establish the regulator’s priorities. The PA did not make the list available and instead said “all ongoing enforcement actions are public on the authority’s website”.
The website does not feature any list of such enforcement actions but includes a search portal, which includes all planning development processes since its inception, totalling tens of thousands of applications.
Two attempts were made to contact Rabat Marbles but calls were not returned.
Ivan.Camilleri@timesofmalta.com