Issue link: https://maltatoday.uberflip.com/i/361046
43 maltatoday, SUNDAY, 10 AUGUST 2014 A 2013 planning application entitled "To sanction the size of existing garage (room) as built and change use from room to local shop class 4 and fix sign" was submitted after the applicant obtained a planning permit to build a garage which however was constructed smaller than approved. The application was rejected but approved on appeal. The application was turned down by the Environment and Planning Commission which held that "the proposed development will remove the existing parking spaces for the building and so it would conf lict with Structure Plan policy TRA 4 and PA circular 3/93 which seek to ensure that appropriate provision is made for off-street parking." But even so, the Commission observed that the existing garage cannot be sanctioned since it runs counter to policy 6.1C and policy 6.8 (of the Development Control Policy and Design Guidance 2007) in terms of the plan dimensions and width of the garage door opening. Following the decision, the applicant lodged an appeal before the Environment and Planning Tribunal, arguing that the room in question was never used as a garage. The applicant maintained that the size of the room in question falls short of the standard dimensions required by MEPA for garages, adding that "it is practically physically impossible to park a car in this restricted garage." For its part, the MEPA case officer reiterated that the room in question was approved as a garage by virtue of a 1994 planning permit, adding that the applicant may not now contest the existing use on the basis that the room dimensions are not suitable for parking use. The case officer maintained once again that the proposal conf licts with Structure Plan policy TRA 4 which requires that each and every development is suitably catered for in terms of off-street parking provision. In its assessment, the Tribunal held that the room in question was constructed smaller that it was originally approved, as a result of which vehicles cannot be safely accommodated within the site. In addition, the Tribunal observed that it would be unreasonable to rectif y the situation at such a late stage by opting to demolish the building since the structure was completed. In the circumstances, the Tribunal proceeded to approve the permit on condition that the applicant pays a fine equivalent to €400 along with a contribution to the Urban Improvement Fund. robert@rmperiti.com A court sent a relapser to prison after he was accused of theft, to which he pleaded guilty. Alexander Cardona was accused on Wednesday of aggravated theft from Lija on July 11, when he stole a notebook computer and jewellery. He was also accused of receiving stolen goods and of causing voluntary damage to the premises where Cardona stole from. Another charge was that of breaching bail conditions in another case and of committing a crime while he was out on a conditional discharge during the hearing of two separate cases. The prosecution asked the court to revoke Cardona's bail and order him to pay the guarantee imposed in the two cases. Cardona admitted to the charges and Magistrate Aaron Bugeja warned him that the guilty plea could result in a prison sentence. Cardona then confirmed his guilty plea. The court then examined the prosecution's arguments that Cardona was given ample opportunity by the courts on a number of other occasions, when he was given suspended sentences and probation orders. The prosecution also highlighted the fact that Cardona had entered other people's property and stole personal possessions. He also breached bail conditions, but on the other hand assisted the police in their investigations and filed a guilty plea at the first sitting of the case. The accused is a drug addict and was trying his utmost to give up his dependency. The defence argued that Cardona has a serious financial problem as a result of his drug addiction. He committed the theft because he was pressed to make payments. The stolen items, apart from the notebook and laptop, were returned to the owners. Magistrate Bugeja held that it was true that the accused had filed a guilty plea early and that he had cooperated with the police by giving a detailed statement to them and returning the stolen items. These factors were to be considered favourably but the court held it could not ignore the fact that Cardona is a multiple relapser going back to 1989. It was clear that the accused did not learn his lesson and therefore he should face the consequences. Magistrate Bugeja said the fact that the accused has financial problems and did not know how to finance his drug habit was not an argument that should help him. He could not justify theft because of financial difficulties. There are honest ways how to earn money, as long as one wants to work and earn a living. Drug addiction is not a defence and does not justify what he did. If Cardona wanted to get over his drug addiction he should do a rehabilitation programme. The court further held that it should not only take into account the accused's situation but also that of the victims of the theft. The victims, who were blameless, discovered that their home was entered into and items were stolen. They would have worked hard to purchase these items. The court said it understood that the victims would have suffered a trauma when they opened their front door to discover that someone had broken in and stolen from them. As for the charge of committing a crime while on bail, this is a serious offence with a maximum of 10 years' imprisonment. The breach was not insignificant and therefore warranted a prison sentence. Due to Cardona's financial problems, the court would not order the confiscation of the guarantees he placed for his bail. Therefore, the small amount of money deposited would remain in court. Magistrate Bugeja sent Cardona down for 18 months for the theft and the accused was further condemned to four months' imprisonment for committing a crime while on bail and revoked his bail in the other cases. With regard to committing a crime when on a conditional discharge Cardona was given another two months and a further 14 months, bringing the total prison sentence for Cardona to 38 months. Malcolm Mifsud, Partner, Mifsud & Mifsud Advocates Malcolm Mifsud mmifsud@mifsudadvocates.com.mt mmifsud@mifsudadvocates.com.mt Court sends relapser to jail Download the MaltaToday App now YOUR FIRST CLICK OF THE DAY www.maltatoday.com.mt Tribunal held that it is difficult to rectify the situation at such a late stage The court held it should not only take into account the accused's situation but also that of the victims of the theft. The victims would have worked hard to purchase the stolen items, and would have suffered a trauma when they opened their front door to discover that someone had broken in Robert Musumeci MEPAwatch Garage not built according to standard dimensions turned shop