Controversy over PA’s approval of illegal penthouses in Sannat

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 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 Court 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?