A planning application to sanction the illegal excavation of two swimming pools in an Outside Development Zone (ODZ) area in Qala that form part of a large, 164 apartment block developed by Gozitan developer Joseph Portelli has been approved by the Planning Authority (PA).

Following months of deferrals from the PA and subsequent minor amendments to the application, Portelli’s two swimming pools have now been officially sanctioned by the PA, meaning that the developer will incur a fine to legalise works carried out without a permit

Qala’s local council, led by mayor Paul Buttigieg, reiterated the locality’s objections to the sanctioning of the illegal works carried out on behalf of Excel Investments Ltd, a company owned by Portelli and his associates.

Buttigieg called on the PA to refuse the application because of the way extensive excavation works were carried out without approval, stating that “enough is enough”.

NGOs Moviment Graffitti, Din L-Art Ħelwa and Friends of the Earth Malta also supported the local council’s efforts to convince the PA to refuse the application, which was the fifth related to the project.

While Moviment Graffitti activist Claria Cutajar represented the NGO’s submissions, Din L-Art Ħelwa and Friends of the Earth Malta were represented by environmental lawyer Claire Bonello, who lambasted the board for going against the spirit of policies from the Strategic Plan for the Environment and Development (SPED).

While activists and residents insisted on the fact that the project was spread out over five different PA applications to minimise scrutiny and circumvent planning requirements for major projects, the PA’s board insisted that such a process does not automatically mean the project was approved in piecemeal fashion.

In spite of hundreds of objections to the illegal works, the PA’s Board, chaired by Martin Camilleri, refuted the arguments raised by Buttigieg as well as representatives of the NGOs when the decision to approve was taken earlier on Tuesday.

In particular, Camilleri refuted accusations from objectors about the Board’s failure to adhere to its own policies and taking decisions that go against the spirit of regulations meant to preserve the rural environment.

While the chair acknowledged that excavation works being carried out without a permit were not acceptable, Camilleri insisted that the Board’s remit extends to evaluating applications based on the laws at hand and that the Board is obliged to consider the sanctioning request.

Consequentially, Camilleri argued, given that the building was within the development scheme, that the architect for the project, Alexander Bigeni, had acquiesced to partially reinstating land which was excavated excessively, and that mitigation measures were taken, the development is acceptable.

The Gozitan developer behind the project has consistently come under fire for his projects, which often dwarf their surroundings in scale and size and have often been heavily opposed by residents and environmental activists.

On 27 July, following The Shift’s reports about the sale of apartments in Portelli’s Jerma project without any valid permits in hand for the development, the Marsascala Residents’ Network and local councillor John Baptist Camilleri voiced their staunch opposition to the project.

The residents’ group told The Shift that the massive project envisaged by Portelli for the Jerma site “is yet again another case of a project that is being set before permits are given, where speculation is rife, and the pressure on the PA to approve before public consultation is enormous”.