The issue is whether the Government, by virtue of its regulatory power, can implement regulations that deprive private owners of the full use and economic value of their property.
In accordance with the established Mepa policies pertaining to designated enclaves in the local Gozo and Comino plan, before a building application is accepted for processing (by the planning authority), it must meet the threshold requirements of at least 75 per cent participation of all adjoining and abutting tenements.
At face value, this policy is workable in most cases, except in cases where the government is the owner a sizable portion of the property within the said enclave. In this case, the policy becomes an obstacle to development for the following reasons.
Unless the government, as landowner, agrees with the proposed development plan, the matter stops dead in its tracks.
All the other landowners are thus denied the use and full development of their property, for failure to meet the threshold issue of the consent of at least 75 per cent of the owners involved.
If the government agrees with the plan, the matter can move forward only if the Land Office is in a position to terminate...
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