Flimkien għal Ambjent Aħjar, Din l-Art Ħelwa, and Moviment Graffitti have reacted strongly as Malta’s Planning Authority (PA) faces intense backlash for approving the sanctioning of two illegal penthouses in Sannat, Gozo.
Malta’s highest court had declared these penthouses illegal earlier this year. The PA’s decision has provoked outrage from environmental and civic groups, who accuse it of flouting the rule of law and judicial authority.
Astrid Vella, Coordinator at Flimkien għal Ambjent Aħjar, condemned the PA: “It has set itself above the courts, which means that the rule of law no longer exists in Malta. The implications are extremely serious, as citizens are denied the basic elements of justice. This annuls citizens’ efforts, funds, and basic rights to seek legal redress against abuse, shaking the very foundations of our democracy.”
Patrick Calleja, Executive President of Din l-Art Ħelwa, also criticised the PA’s decision, saying the organisation will request a revocation of the permission.
“The sanctioning of these two receded apartments seems to have been done in total disregard, if not in contempt, of a recent court judgment that had revoked the development permission for these same apartments. Whether the Planning Authority was misled by the information submitted for the application is yet to be determined. The application should have never been entertained by the PA, let alone approved.”
Moviment Graffitti expressed disbelief, telling The Shift: “First of all, when we found out that an application had been made for sanctioning, we were very shocked because we were aware that after such a categorical ruling by the Court of Appeal, which declared the building illegal, the applicant could make an application to sanction it.
We found this so absurd that, honestly, we didn’t even think there was a possibility it could be approved in such a short time. If even the word of the Court of Appeal doesn’t matter, then we are being cornered here because it’s as if we’ve used all our resources as citizens, as activists. We’ve used every legal option available to fight the injustice… and even though the court ruled in our favour, here the Authority is disregarding it.”
The PA’s decision was on application PA03869/24 by Tarlochan Singh for developer Joseph Portelli. The application seeks to legalise two penthouses from a larger Sannat development, even though Singh has declared he did not own the property.
In March, after a three-year legal fight, Malta’s Court of Appeal, led by Chief Justice Mark Chetcuti, ruled the top floor, including the penthouses and a communal pool, illegal. The court ordered the structures to be removed. The Court’s decision is final and cannot be appealed.
The PA approved the application through a “summary process,” effectively overruling the Court’s decision. The PA has not yet explained its decision, citing a 30-day period for potential reconsiderations or appeals.
Environmental and legal experts warn that this decision could set a dangerous precedent, allowing other illegal structures previously struck down by the courts to be sanctioned.
This controversy adds to ongoing concerns about a similar case involving Portelli and illegally built pools in Qala.
The situation is further complicated by the government’s failure to implement promised reforms to the appeals process. Prime Minister Robert Abela pledged in May 2023 to introduce changes to halt construction while appeals are pending.
These reforms have not been implemented, leaving activists and residents frustrated and distrustful of the system.
As the controversy continues, the critical question remains: if the highest court’s rulings can be so easily ignored, what recourse do citizens, activists, and communities have against illegal developments in Malta?
Rule of law: down the drain. Drain: down to bays. Bays: unswimmable. Result: build as you please. Never mind the PA application. Approval comes with a bonus: extend building penthouses and communal s/pool. All will be forgiven. Amen.
NISPERA LI NGO s ikomplu jiggieldu u javzaw lil eu dwar di il HNIZRIJA KOLLA.
MINTIEX NISTENNA LIL PN SE JIFTHU HALQHOM GHAX DAWN MEMBRI SHAH TAL MAFJA MALTIJA
ISTHI GVERN ISTHI OPPOZIZJONI
QABDA TRADITURI TAL POPLU MALTI
How pathetic the ROBBER Abela seems to me every day!
He not even dare to say any word. What a coward.
How could such a shameful person get into this position and why doesn’t he finally resign?
Why doesn’t he take his entire gang with him and disappear from the public eye!
A greedy neck is a greedy neck and remains a greedy neck. They never get enough.
Of course he won’t speak, he does not dare because he’d be accused of flouting the law. Silence serves him well.
The PA is totally polluted with corruption and stinks to high heavens, full stop. We should actually stop speaking of “the PA” because in that way we make an abstraction out of this foul entity. We should have names and surnames because these are the real shameless culprits with not a drop of integrity in their blood who take these despicable decisions and who should personally be brought to account.
Probably the most corrupt and highly arrogant entity in Malta, which should not be allowed to rule above the law!
Could ‘P.A.’ actually stand for Pinnacle of Arrogance. Looks like it in this instance too!
Dearest Bobby…you were the fisrt one to come out and object against the cafetteria on top of the PAola church…how come you are silent on this????
Mbaghad lit tifel tieghi ghax sabu li ghandu il bitha 10 CENTIMETRI akbar wahhluh €1450 multa. Kull min ghandu tort imur il PA halli jtih ragun. Il qorti un bel zero llum.
This “Planning” Authority (“P”A) decision goes against all rules and undermines the Courts themselves. In my opinion the “P”A Commission members who approved this scandalous permit should all resign and Court action taken against them, holding them all personally liable.
Strangely enough, the Nationalist Party refrains from opening a salvo against the Planning Authority and its antics.
It appears that developers feel fully protected, spurring them to do whatever they like with total impunity.
The onus of fighting corrupt decisions by the PA is left entirely to NGOs like Muviment Graffitti, Din l-Art Helwa, Flimkien ghal-Ambjent Ahjar and more recently the rapid sprouting like mushrooms of resident associations, apart from private individuals.
The planning department absolutely cannot be above the law! God help the country if this is not stopped!