Portelli insists court decision on illegal penthouses is just ‘an interpretation’ of the law

Developer Joseph Portelli considers the Court of Appeal’s decision to declare a row of penthouses he built in Sannat illegal as just “a different interpretation” of the law, defending the Planning Authority’s decision to ignore the ruling.

Referring to his Qala ODZ pools, which were part of a mega project and declared illegal by the Court of Appeal, Portelli insisted in a letter to the editor published by The Times of Malta that they were not given electrical and water meters. Instead, he said, the pools were through “a temporary meter” provided by Enemalta.

According to current rules, water and electricity should only be supplied to legally built buildings once an architect presents a compliance certificate to the authorities.

This did not happen in Portelli’s case, as his pools were illegal, but he was still given electricity to operate them. Despite his illegalities, Portelli’s pools are still connected to the grid and powered by Enemalta.

It is unclear how long the “temporary supply” will last.

Criticising columnist Kevin Cassar for calling his row of penthouses in Sannat illegal, Portelli said that it was not true that the court declared them illegal and that they should be dismantled. Yet the court’s decision is unequivocal. It ordered the permits revoked.

“The court simply gave a different interpretation to how the Planning Authority is interpreting penthouse policies,” Portelli insisted.

He added: “The Planning Authority has continued to interpret this same policy in the way it did for our permit,” showing the Authority ignored the ruling by the country’s highest court.

In his ruling last March, Chief Justice Mark Chetcuti declared the Sannat penthouses and two mega pools in ODZ land next to them were issued an irregular permit by the Planning Authority. The court revoked the permit. This was a final ruling, and no further appeals are possible.

The Planning Authority has not issued an enforcement order against the illegally built penthouses and pools.

Enemalta did not reply to questions to justify its decision.

The illegal buildings in Sannat and Qala were built by Excel Investments Ltd, owned by the trio Joseph Portelli, Mark Agius, known as Ta’ Dirjanu, and Daniel Refalo.