Ombudsman Decision on Ian Borg Permit for Rabat

7/23/2019 Ombudsman Decision on Ian Borg Permit for Rabat

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OMBUDSM N

OMMISSIONER FOR ENVIRONMENT AND PLANNING

MALTA

Report on Case No EP 0032

Own Initiative investigation on the manner by which application PA 2708/14 on a

site in the limits of Rabat was processed and determined.

ase history

A complaint by an i~dividual was submitted to this Office alleging, among other

things, incorrect application of policies and procedures in processing and

determining application PA 2708/14 for development in Santa Katerina hamlet in

the limits of Rabat, Malta.

On examining the case it. was found that the complainant did not have a sufficient

personal interest in the subject matter in terms of Sub Article 2 c) of Article 17 of

the Ombudsman Act.

However issues raised in the complaint regarding fair and rigorous application of

policy were deemed to constitute a sufficient justification for this aspect of the

complaint to be investigated as an Own Initiative investigation in terms of Section

13 2) of the O~budsman Act.

The MEP A was requested to submit its position on the matter.

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1

E-mail to MEPA Chairman dated 24 July 2015 .

Office of the Ombudsman I 11,St Paul Street, Valletta VLT 1210, Malta I www.ombudsman.org.mt

Phone: 356 2248 3219 I Fax: 356 2124 7924 I Email: cep@ombudsman .org.mt



Evidence was heard from the Chairperson of MEP A Board EPC A Perit

Elizabeth Ellul, Case Officer Mariella Haber and Mr Joseph Zrinzo who was

chairing the Cultural Heritage Advisory Committee when the application was

discussed.

The MEP A stated that the evidence submitted at this hearing was to be taken as the

MEPA s position on the matter.

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Due to the fact that the Commission against Corruption was also investigating

similar complaints, meetings were held with its Chairman to coordinate progress

and define the parameters of the respective investigations.

As a result, it was agreed that this Office would issue a report covering aspects of

•

procedures and application of policy, while the Commission would investigate

matters dealing with responsibility and shortcomings, if any, in the conduct of the

persons concerned.

This was communicated to the MEPA Chairman.

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bservations

During the course of the investigation, it was noted that at the time that

application PA 2708/14 was submitted, the owner of the property was not the

applicant, Mr Renald Azzopardi, but Dr Ian Borg.

2

E-mail from MEPA Chairman dated 19 October 2015.

3

E-mail to MEPA Chairman dated 25 August 2015.

Office of the Ombudsman 11, St Paul Street , Valletta VLT1210, Malta Iwww.ombudsman.org.mt

Phone: +356 2248 3219 I Fax: +356 2124 7924 I Email: [email protected]

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In fact, Dr Borg had acquired the property by means of two deeds dated 13 January

2014 and 16 May 2014.

Contact~d to state whether he was aware that an application had been filed on his

property by a person who was not the owner, Dr Borg .replied by confirming that .

the property belongs to him:

He then explained that because of his heavy schedule of work, he had engaged Mr

Azzopardi as a project manager to submit the application, with the clear

understanding that he had to follow up on the correspondence with the MEPA as

well as communicate with the Perit responsible for the project.

It

was necessary in his opinion to engage a third party because communication

with the MEP A was often tied to deadlines which would have made it difficult for

him to handle the application froll).his end, because of his heavy workload.

r Borg also stated that he had instructed the applicant to notify his father, Mr

Louis Borg for the same reason, since his father was acting as his agent and he

wanted

him

to be notified of any correspondence in his (Dr Borg s) absence.

r Borg also commented that he could have asked his father to act as the owner

within

the parameters of the law, and that matters relating to ownership lie outside

the MEPA s remit.

Section 2 of the application form ( shown below) which has to be submitted to the

MEP A when applying for a full development permit contains the details which an .

Office of the Ombudsman 111, St Paul Street, Valletta VLT1210, Malta Iwww.ombudsman.org .mt

Phone: +356 2248 3219 I Fax: +356 2124 7924 I Email: [email protected]

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Ombudsman Decision on Ian Borg Permit for Rabat

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