Issue link: https://maltatoday.uberflip.com/i/1378870
6 maltatoday | SUNDAY • 30 MAY 2021 NEWS Illegalities were confirmed in 55% of cases, with owners in 818 incidents then presenting a planning application to have their illegality 'regularised' JAMES DEBONO THE Planning Authority re- ceived an average of nine reports of illegal developments in Malta, every single day during the pan- demic year. The PA's annual report shows it received 3,313 reports of illegal development in 2020, 139 more than in the previous year. Illegal development was con- firmed in 55% of the reported cases following investigations. In 818 cases, the property own- ers submitted an application to regularise the illegal works. But in 45% of the cases, the contra- veners complied or removed the illegalities, prior to further action being taken. Only 145 enforcement notices, resulting from complaints re- ceived, were issued. In total 169 enforcement notices were issued, a decrease of circa 26% from the previous year. Almost 60% of the enforcement notices issued were subject to daily fines, which act as a deter- rent against contraveners, en- couraging them to rectify their position within the shortest pos- sible timeframe. During 2020, the PA's planning directorate closed a total of 749 stop-and-enforcement notices. 289 were closed after a permis- sion to sanction the illegal de- velopment was issued. A further 239 were closed since the illegal development was removed by the contravener, whilst only 74 notices were closed as a result of the Planning Authority removing illegal developments through di- rect action. On the other hand, 147 cases were closed since the subject matter of the notices was no longer included in the legisla- tive and policy framework. At the end of 2020, the pending caseload of stop-and-enforce- ment notices issued since 1993 stood at almost 5,600. This rep- resented a decrease of over 8% from the pending caseload at the end of 2019. Of these, only 445 are subject to daily fines. The PA's annual report de- scribes the decrease in direct ac- tion as "the greatest impact of the pandemic" on the operations of its enforcement directorate. One reason for this is that or- ganising a direct action requires bringing together various enti- ties, including members of the Police force who were often de- ployed to deal with health emer- gencies. Instead the PA's Direct Action Team focused on a stock-taking of pending enforcement notices, some of which dating back from 1993. According to the report the strategy adopted by the Direc- torate, even at the late stage of direct action, is to persuade con- traveners to remove the illegal development, rather than having to bear the costs and expens- es incurred by the Authority to remove the illegal development through direct action. PA got 9 reports on illegalities each day in 2020 3,313 reports of illegalities filed in 2020 55% confirmed 'illegal' 818 regularisation re- quests 45% compliance to re- move illegalities 169 enforcement notices issued in 2020 749 stop-and-en- forcement notices concluded by PA's direc- torate: • 289 closed after per- mission to sanction illegal development • 239 closed since illegal development was removed • 74 closed as a result of direct action from PA • 147 closed since illegality no longer included in legisla- tion or policy 5,600 pending caseload for stop-and-enforcement notices since 1993 445 stop-and-enforce- ment cases still pending and subject to daily fines BRIAN Tonna is claiming his right to a fair trial has been breached by parliament's Public Accounts Com- mittee that quizzed him over the gas power station tender. Tonna, who formerly owned Nexia BT, an accountancy firm, is currently facing money laundering charges unrelated to the tender, which is the subject of a separate magisterial inquiry. In a constitutional challenge to the Speaker's ruling last month that said witnesses appearing in front of the Public Accounts Committee were obliged to answer all ques- tions apart from those linked to ongoing criminal cases or if the in- dividual felt they could incriminate themselves. Tonna appeared in front of the PAC, which is currently probing the findings of a National Audit Of- fice investigation into the award of the power station tender to Electro- gas. The NAO report was presented in 2018. The PAC is chaired by Na- tionalist MP Beppe Fenech Adami. Tonna initial- ly invoked his right to si- lence but in a subsequent session an- swered ques- tions put to him by MPs. In his court challenge signed by lawyer Stephen Ton- na Lowell, Tonna is claiming that the predicate offence in ongo- ing money laundering proceedings against him has not been indicated yet by the prosecution and so any replies he gives to the PAC could potentially be incriminating. Tonna said that his right to silence is being denied and is claiming that the PAC and the Speaker's ruling breached his right to a fair hear- ing. Additionally, non-observance of PAC guidelines for witnesses by refusing to reply to q u e s t i o n s , could poten- tially land him in jail, a breach of his right to enjoy his personal freedom. He asked the court to declare the Speaker's ruling and the PAC guidelines for witnesses in breach of the Constitution and the Con- vention for Human Rights. Tonna also asked the court to or- der that his testimony and all docu- ments he gave the PAC be removed from the parliamentary proceed- ings and be awarded damages. The case has been appointed for its first hearing on 24 June in front of Judge Neville Camilleri. Brian Tonna claims parliament's Electrogas hearings breached his human rights Brian Tonna has filed a constitutional challenge against the Speaker and parliament's Public Accounts Committee over ongoing hearings regarding the gas power station tender Brian Tonna