The Nationalist Party is claiming that the Malta Environment and Planning Authority has broken the law by failing to immediately dismiss an application by Patrick Dalli - the husband of Equal Opportunities Minister Helena Dalli - to sanction illegalities on a Żejtun farmhouse that they own.
It has submitted a letter to the Commissioner for Environment and Planning within the Office of the Ombudsman to ask him to investigate this alleged breach of the Environment and Development Planning Act.
At a news conference held outside MEPA's premises in Floriana this afternoon, the PN's planning spokesman Ryan Callus argued that the act prohibits MEPA from considering applications when the requirements of an enforcement notice have been breached.
He cited Article 86 (10) of the act, which states that "any application to regularise an activity or a development shall be dismissed forthwith if a requirement in the order or notice stopping or prohibiting further activity, work or development, or requiring the cessation of a use, has not, both prior or during the pendency of the application, been complied with."
An application filed by Mr Dalli in August 2012 asks MEPA to "sanction alterations and extension of existing farmhouse" in the outskirts of Żejtun, a short distance away from the Dallis' own residence.
The case officer assigned is recommending that the application should be refused, and objections have also been registered from the Cultural Heritage Advisory Committee and the Natural Heritage Advisory Committee.
The CHAC pointed out that the illegal works led to the demolition of practically all of the farmhouse's vernacular features, and to a large extension which exceeded what was permissible outside the development zone. The NHAC similarly pointed out that due to an increase in the footprint beyond that allowed, as well as a swimming pool whose size exceeds what is permitted, it could not recommend sanctioning.
But Mr Callus pointed out that last Tuesday, the Environment and Planning Commission Division A, which deals with ODZ applications and whose present members were only appointed earlier this month, did not dismiss the application forthwith according to the law but even accepted Mr Dalli's request to defer its decision.
The MP said that it was "scandalous" that none of the board's members actually expressed concerns about the illegalities which took place on site, and argued that Mr Dalli's application confirmed that he and his wife were aware of the illegalities taking place, contrary to what they had claimed.
Mr Callus also castigated the minister responsible for guaranteeing equal opportunities for apparently seeking to secure special rights for herself.
"The opposition cannot be silent when the authority that should protect the environment instead chooses to help a minister who should lead by example," he maintained.