The Planning Authority has welcomed a judgement of the Court of Appeal (Inferior Jurisdiction) confirming that daily fines for an unauthorised development in Gozo remain due until the illegality is removed or sanctioned by a valid permit.

The decision was related to an appeal against a €6,980 fine regarding the maintenance of a rubble wall in San Lawrenz.

The Authority explained that in this case, relating to a site in San Lawrenz, the Court upheld the Authority’s approach under S.L. 552.24 – Daily Penalty and Administrative Fines Regulations: once a Stop & Enforcement Notice is issued, a daily fine starts to accrue after 16 days and continues each day until the site is put fully in order.

It argued that “later regularisation does not cancel fines already due for the period when the site was illegal.”

The Authority went on to say that “this means that, in such cases, obtaining the necessary development permission first is of imperative importance, as works should begin only after the necessary permit is in hand.”

Moreover, the Authority noted that “regularising or sanctioning stops the fines going forward, not backwards. If a permit is obtained after works are done, the daily fines up to that date still apply.”

The Planning Authority stated that it “remains committed to clear, fair enforcement so that development proceeds responsibly, transparently and according to law, in the public interest.”

File photo: PA

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