Planning Ombudsman Alan Saliba chastised Infrastructure Malta and the Planning Authority for misusing a provision of the law that allows emergency roadworks without a permit when building the Marsa pedestrian bridge. 

In a report following a complaint by Nationalist MP Robert Cutajar, the ombudsman said the justification for the project went against the spirit of the law as there was no emergency to carry out the project in question. 

Infrastructure Malta defended its decision to start building a bridge in Marsa without waiting for a planning permit, saying it was classified as emergency works to remove a safety risk to pedestrians.

The agency said pedestrians were having to cross several lanes of traffic and climb over steel crash barriers. 

The bridge was built over Triq It-Tiġrija, the multi-lane road connecting December 13 Road with the Marsa-Ħamrun bypass.

The ombudsman noted that while IM had started the project without waiting for a permit, it still applied for a permit. It was eventually issued in April, although there was no official authorisation because the commencement notice was never submitted.

He observed that the bridge was built with the blessing of the PA.

He further noted that according to the Development Planning Act, emergency works in relation to public safety carried out by the government are not classified as development. However, the body still needs to apply to the Planning Board for such permission. 

Noting this ambiguity, the ombudsman recommended that any entity wishing to carry out similar works without permission should still submit a request for official authorisation by the PA, which, on its part, must decide within days whether the project required a permit. 

The ombudsman also recommended that if the PA decides that permission is necessary, it should ensure that the processing of this permission is fast-tracked.