The permit issued by the Malta Environment & Planning Authority, MEPA for the re-development of the former Ulysses Lodge was issued exclusively for a tourist complex. For the first time since its inception MEPA has entered a condition in the permit which allows the sale of the property only as a whole complex and only for tourism purposes. The villas on the re-developed footprint may not be sold for residential purposes and may not be leased for residential purposes. There is also a limit on tourist residency. A tourist may not lease a villa for more than a year and, if using time-shar, for not more than two months in a year.
This condition, as can be seen below, is registered as a public deed and enforceable not only through the development planning act but also through the civil courts.
The condition reads as follows:
"The development which is the subject of this permission shall be used for tourist accommodation and for no other use notwithstanding the provision of the Use Classes Order, 1994, or any amendment or addition to these Orders.
"The proposed development hereby approved shall be used solely for tourist accommodation and shall not be used for permanent residential occupation or any other use. No unit within this development may be issued with an individual compliance certificate by the Authority, nor may any such unit be individually serviced by a water or electricity meter by a national service provider.
"The permit is being granted subject to the satisfactory completion, within six months of the issue of this development permission, of a public deed under the terms of Section 40 of the Development Planning Act to ensure the compliance with the above mentioned conditions, and also that the development remains as a single business operation under one ownership, prohibiting the owner of the development from transferring or disposing under any title, onerous or gratuitous, other than lease for a period of not more than one year, or time-share for a period of not more than two months, any unit within the development, and that the development shall remain as a single business operation under one ownership."
Finally, MEPA once again re-iterates that proceedings for the withdrawal of permit may be instituted by anyone who has proof which is accepted by the Development Planning Act. Without this proof, all allegations of irregularities are void.