Joseph Portelli moves to sanction more penthouses struck down by court

After the Planning Authority sanctioned two penthouses built by Joseph Portelli in Sannat, despite the court ruling that they were illegal, the developer is proceeding to acquire permits for more illegal penthouses in the building.

The Shift revealed earlier this month that following the court’s declaration that the penthouses and pools built by Portelli in Sannat were illegal and must be removed, the developer put forward Indian national Tarlochan Singh to apply for sanctioning.

The Planning Authority considered the application despite the court ruling and approved it.

Following Portelli’s success in getting two penthouses approved, two fresh applications have been filed to sanction four more penthouses, this time fronted by two Albanians – Klevis Hoxhaj and Elidon Koci, who filed separate applications

The new applications are PA0526/24 for a complex known as Hal Seguna, and PA05625/24 for the Highfields complex, both in Sannat.

The applicants happen to be using the services of Portelli’s architect, Saviour Micallef. Like the Indian national who fronted the previous application to sanction two of the illegal penthouses, the Albanians applying for four more penthouses to be sanctioned declared that they were not the owners of the properties.

The Planning Authority’s Executive Chairman, Oliver Magro has not explained how the Authority could even consider the applications let alone approve buildings declared illegal by the Court of Appeal.

Last March, following a three-year battle that NGOs fought and won in court, the Chief Justice ordered that the permit (PA2035/21) be revoked and illegalities removed.

The court also annulled the permit for two communal pools built on ODZ, also declared illegal.

A road in Sannat was turned into rows of flats by Portelli, which the court ruled had illegalities and must be demolished.

NGOs, the PN, and the ADPD have already condemned the Planning Authority’s decision to sanction the penthouses in the application fronted by Singh. They called for the Authority to revoke the permission granted and demanded Portelli demolish the illegal structures in accordance with the court’s ruling.

According to law, the Planning Authority can order direct action against those who build without a permit. In this case, the Planning Authority did not even issue an enforcement order.

In May 2023, following harsh criticism that the Labour Party had become embedded with big contractors, Prime Minister Robert Abela announced that he would change the law to stop the possibility of continuous development at the appeals stage. That has not happened.

The deadline for objections to sanction the Sannat development is 12 September.

                           

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Greed
Greed
2 months ago

If the foreign nationals don’t own it surely they can’t apply to sanction them,that would be like me applying to sanction a neighbours illegally built floors added on by him for him?

francis galea
francis galea
2 months ago
Reply to  Greed

It was useless to say and grumble now…just hold handful of people that feel taxes money is not enough for their responsibilities and cushy jobs they hold…portelli s monies will never end as always being fed by our shamles partit tal haddiema

S. Camilleri
S. Camilleri
2 months ago
Reply to  Greed

With the PA, literally everything is possible, whatever the law says. The first two were just testing the waters, and now that the flood gates have been opened, the deluge follows. Government and its proxies, including PA and ERA, must put a stop to these flagrant obscenities. These islands have been reduced to anarchy while big business and “developers” run roughshod all over us and the “authorities”, including the PM and his minions. The timid Opposition needs to take a firm, unequivocal, stand on the issue and marshal all its, and the public’s, resources to reverse this abomination.

Unbiased2024
Unbiased2024
2 months ago
Reply to  S. Camilleri

Sorry, what opposition? If the party is funded by the same persons who fund the current Labour party? The root of evil is the source of money for the funds of the parties (both)!

Karmenu Psaila
Karmenu Psaila
2 months ago

If this is to be true than the planning authority is stronger than the courts , money makes the world go round , this is an insult to all Maltese citizens and to our Courts, is that the rule of law in Malta.

Joseph Mifsud
Joseph Mifsud
2 months ago

Doesn’t the EU Commission warn the Maltese government against the violation of the EU’s Environmental laws, or is the EU Commission the main culprit in Malta’s Environmental disaster?
It was the same EU Commission who agreed not to apply the Principle of Proportionality law on Malta because of Malta’s size in Malta’s treaty.
Corruption is not limited to tiny Malta!

Silvan
Silvan
2 months ago

You guys easily say “ destroy what is built”. Obviously because you were not the ones who invested in the properties which had full permits when bought and also aquired against a load from the bank. What if we go around this country taking to court permits issued against some policy interpretstion and destroying people’s homes and establishments . Portelli does not own those penthouses anymore . He sold them With full permits . If the NGO has an issue , the issue should be with the government for dubious policy clarification not with the developer . The policy should not have room for interpretation.

Caroline Muscat
Admin
2 months ago
Reply to  Silvan

I don’t know who you are referring to with “you guys”. The demand for removal came from the courts, and the decision is according to law. It is the developer who breached the law. It is unfortunate that people got caught up in this mess and the concerns of each are understandable. But it is fair to consider the wider ramifications here.

cikku
cikku
2 months ago
Reply to  Silvan

all those who feel they were cheated by the developer into buying something that is against the policies should seek redress from the courts, with charges and interest (possibly even extending the case against the Planning Authority Chairman and top management, and the Minister responsible).

the fact that the developer lured the buyers by giving favourable rates, does not exonerate the buyer from ensuring that whatever they are buying is legitimate. The buyer spending his/her life savings and committing into loans for the purchase of something which is deemed illegal, does not legalise the transaction.

Its a harsh reality when the political sphere is corrupted by the developers, to the detriment of the general public – not just those that were lured into the purchase but also the country as the scar from the illegal development remains forever.

Martin Bayliss
Martin Bayliss
2 months ago

Ara vera pajjiz meqrud

francis galea
francis galea
2 months ago

When the honest citizen is gonna wake up against these people with cushy illegal authority jobs called planning authority officials..these people are well payed with our monies not to be watchful illegalities but rubber stamp them ans sanction because of corrupt money
..if they don’t even repect courts that make them illegal let alone authority…useless to grumble Gahan…its time that honest citizens wake up and stand altogether against these atrocities being fed under our nose…time to wake up Gahan…sure there are thousands not couple of hundreds who feel taken for a ride by Bobby who lives in his land till he comes down begging the honest citizens at election times…there’s no ashame
..we need him feel that…otherwise we will celebrate Portelli’s birthday as national holiday the country is solely depending on him since Jurgen is in the shades of Corradino

Joseph Tabone Adami
Joseph Tabone Adami
2 months ago

If he can’t make it alone, Portelli seeks the assistance of friendly devils to get what he wants.

Again, will it be a win for the Rule of Law or for the Reign of Lucre?

KLAUS
KLAUS
2 months ago

Listen to ROBBER Abela.
he is too silent.
He is in the middle of this crazy unjustified crap

Antonio Ghisleri
Antonio Ghisleri
2 months ago

What a farce — the Planning Authority, a supposedly regulatory authority entrusted to apply the law — flying in the face of the rule of law. Worse than in a third world country!

Joseph
Joseph
2 months ago

And he will be granted the permits, same as Polidano in St Julians who built a massive complex against PA and Court orders only to be fined a ridiculous amount less than the cost of a 1 car garage.. and after breaking all the laws, ignoring the court orders the PM goes to open the establishment

Kurt Zammit
Kurt Zammit
2 months ago

The institutions are working……….

Philip Gatt
Philip Gatt
2 months ago

So the Planning Authority do not give a dam about Court Ruling so they are above the Law no one can touch these people they can go on a rampage do what they like, what is the Court goingto do about this infringement I need an answer Please.

makjavel
makjavel
2 months ago

Is it possible to sanction a bank robbery?

Marjo
Marjo
2 months ago

Where are the police? Where are the Courts lawyers? Why isn’t this piece of human crap already in jail?

M.Galea
M.Galea
2 months ago

Kif gabuha Gzira! Xi gmiel ta bini!!

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