The Planning Authority has given its green light to sanction two penthouses in Sannat, Gozo, built by developer Joseph Portelli, which were declared illegal by Malta’s highest court earlier this year.
In what PA sources described as “a surreal situation”, the Planning Commission approved PA03869/24, filed by an Indian citizen, Tarlochan Singh, on behalf of Portelli.
The permit was approved through a so-called “summary process” and the penthouses form part of a whole storey of penthouses which last March was declared illegal by the Court of Appeal presided by Chief Justice Mark Chetcuti.
Asked to explain how the PA could even consider such an application, let alone approve it, the PA said it could not comment at this stage.
“In view that this application was published on 7 August and is within the 30-day suspension period, it is premature to make any comments at this stage in view of reconsideration and/or appeals which can be filed with regard to the development permit in question,” a PA spokesman said.
Pressed by The Shift to quote which law or rules it used to approve this controversial decision and if this may be considered an affront on the rule of law, the PA declined to comment.
So far, no appeal has been filed on this decision, even though PA sources said they expect one.
“The PA decision is very dangerous if it is left unnoticed. It will open the floodgates to possibly sanction similar illegal structures declared by the court, such as the one of the illegal pool built by Minister Ian Borg. The situation is really worrying, and it is impossible to explain under which rules the PA proceeded to legalise a building struck down by the court.”
The top floor of Joseph Portelli’s Sannat development, as well as the pool, are illegal.
Last March, following some three years of appeals, Malta’s highest court revoked the permit (PA2035/21) with which Portelli’s clan built a four-storey block of apartments in Sannat, complete with a communal pool.
Since the developers took advantage of the appeals timeline, the development was completed before the final decision. Then, the court ruled that the top floor of the built block, which consisted of penthouses, and a communal swimming pool, were illegal.
The court decision cannot be appealed and is final, meaning that the illegal structures must be removed or dismantled, according to law.
Instead, the PA permitted applicant Tarlochan Singh, who declared in the application that he was not the owner of the two penthouses, to apply to sanction the illegal structures and then proceeded to approve it.
Planning experts confirmed the ramifications of this approval are very serious.
Last week, through another company, Excel Investments Ltd, Portelli applied to sanction two massive ODZ pools built illegally in Qala, which the court also struck down.
The PA is still considering the application despite the court’s decision. In the meantime, according to laws put in place to advantage developers, an enforcement order on the illegalities was suspended until the application was determined.
In May 2023, Prime Minister Robert Abela promised to change the laws regarding the appeals process. Yet it’s business as usual.
Sorry but no one will be surprised by this outcome I’m very sorry to say the envelopes must have been nice and thick maybe?
Seems that the pa is our main pillar of democracy…its power is even greater than that of our law courts!! Fiex gabna dan il gvern ta hmieg!
Gvern mahmug inkallat! They are all in it together! X ma jibnux! Imma ghal ekonomija msieken qed jibnu! Fossa tad drenagg dal gvern!
You are so right. These decisions are shocking
Of course. Remove construction, tax the hell out of gaming and what do you have left? Fishing 🙂 Farming, as you call it, is virtually extinct at the expense of building mew pigeon halls.
Things will not change untill the last inch of Malta is covered in new ugly building blocks, like the Brazilian favelas. Then it will change.
Viva Malta.
Don’t worry this is part of the grave that it’s digging for next elections. May they keep digging to get rid of this mockery.
I wouldn’t bet on it. A 60 euro cheque a few weeks before the election and a family’s vote is secured… we’re cheap whores.
By then we would be dead and buried.
Dac-cucati ilhom li bdew. Issa qa such ritmu izjed qawwi taht gvern “tal-fqir”.
Surely then it doesn’t matter what the pa does, as the authority of the pa is superceded by the court of law.
So basically as the courts have thrown this out, it makes any planning decision by the useless PA null and void.
The danger really comes from selling this to an unsuspecting person who will then not be able to sell on the property. Etc.
But yes, it’s a stupid thing to do and the pA NEEDS to basically ban all building without a good cause. İt’s not a God given right to build a house. The fact that they are only approving hotels now shows we’ve got enough housing stock..
The usual parlament holiday massacre of the innocent .
The Board Members should be held in contempt of court and lambasted with a handsome fine which they should pay on a personal basis.
referendum to abrogate all the articles in the development planning act mentioning the planning authority. This will de jure disempower the Planning Authority and send a message to the PM etc.
ANARCHY RULES SUPREME.
Coincidentally, during the Santa Marija holiday week, so that no one would notice.
We all know Portelli, Caqnu etc are above the law, reason why Malta is a MAFIA state
This proves that there is a feudal system once again in Malta. There are those with money that are above the law. And this government not only condones it but encourages it.
What money? Portelli is issuing bonds to repay the interest, let alone the debts!
Din na tissejjahx korruzzjoni tafux. Mela x tissejjah? PA please note and explain.
Kelma wahda biss
HAXI.
Il ligi ghaz zghir BISS
It seems to me that ROBBER Abela is a man without honour and that bending the law is his daily business.
There is no other way to explain such a thing.
Pajjiz tal-Mickey Mouse
Kieku Tal Mickey Mouse tithaq, imma din Tal BIKI!!
Prosit hekk hu!
A veritable spit in the eye of the courts of justice.
The PA has by its actions declared that it’s answerable to nobody, as long as the applicant has a hefty brown envelope.
Is the PN also a beneficiary of PORTELLI?
Ma nehodiex bi kbira meta wiehed jinnota li fejn jikkoncerna frejjeg bhal dawn li jinvolvu kuntratturi kbar Maltin ma tantx jagixxu ta’ oppozizzjoni. Fl-opinjoni tieghi dan l-istat ta’ fatt huwa wahda mir-ragunijiet ghaliex hafna jaghzlu li ma jivvutawx. Ir-ragunar ta’ hafna hu “dawn it-tnejn l-istess”. U f’dan ir-rigward nahseb li ghandhom ragun.
According to a FB post of Arnold Cassola, Portelli donates to the PN too. 😭😭😭
The authorities function well for the benefit of the richest 10% hux?
As if all this corruption was not enough, now not even the law court decide the laws of this land
There is an urgent need for a Public Inquiry into the development planning and permitting process in Malta.
This is contempt of court. Its also time for the people to take to the streets!
The law is SUPREME but not where the law breaker owns both political parties. That is the TRAGEDY
Seems like going to court in this country is a complete 3waste of time and money when departments like the PA can over rule them. As the old, old saying goes, ONLY IN MALTA
The only way to stop this rot is to disband this gang of friends of developers. Evict the premises of the occupiers and investigate them.
Sanctioning illegal structures in domestic dwellings was introduced to reguralize and where possible adjust illegalities. But now the PA instead of acting as a watch dog against illegalities in the building industry it seems to be part of law breaking individuals. Closing eyes when illegal construction is carried out with no difficulties and then applying for sanctioning and eventual apprlval. This is a recipe for more illegalities.
So the skewed decisions of the PA overrule those of the courts!! Since when?
Ara veru pajjiz meqrud
How can this be? Is there absolutely no law in this country. How can the PA override the Chief Justice? So we now know who the real PM is ?
What a Shame
Ara veru id dixxiplina spiccat ghal kollox hawn Malta. Pajjiz meqrud.
So is the PA above the law ? Or is this the start of creating a precedent for the developers who go out of their way to become richer and richer . Someone needs to tell them that we have children too
The Courts of Malta accept to be told to fuck off by the PA?
Some time ago, when the news emerged that Portelli was seeking the PA’s sanction for the illegality, I asked whether it will be a question of the Rule of Law or simply the Reign of Lucre.
Unashamedly enough the Planning Authority chose the latter!
One simple, but important, question now: WHY?