Chief Justice Mark Chetcuti has struck down an illegal development permit in Xewkija issued by the Planning Authority in 2022.
Developer Euchar Vella applied for a permit on behalf of Karkanja Ltd to turn an old townhouse in Xewkija’s Triq l-Għarus and develop into a block of apartments and penthouses.
According to the local plan, developments in this street could not be more than three storeys high.
The planning officer recommended that permission be refused because Karkanja wanted to build five storeys, but the Planning Commission went against the law and issued an illegal five-storey permit.
The Commission, led by Stefania Baldacchino, argued that because some buildings in other unrelated streets had five-storey buildings, Karkanja could have the same.
The government-appointed commission also said that since the developer was ordered to keep the façade of the vernacular building, he was justified in building higher than what was permitted in the local plan.
The irregular permit was rubber-stamped by the Environment and Planning Review Tribunal (EPRT) led by Joseph Borg, who threw out an appeal by Din l-Art Ħelwa.
Taking the case to the Court of Appeal, which has the last say in such issues, led to Chief Justice Mark Chetcuti slamming the Planning Authority for its latest transgression and ruled that the permit was illegal because both the Planning Commission and the EPRT ignored planning laws and regulations to justify issuing an irregular permit.
Part of the latest Court decision against the Planning Authority
The Court revoked PA6025/22 and said the development approved by the PA could not proceed.
Din l-Art Ħelwa had warned that if parts of the old house was demolished before the final say of the court, the damage could not be reversed. Developer Euchar Vella of Karkanja waited for the final court decision before proceeding.
In other similar instances, developers began and even completed projects before a final appeal decision has been reached.
A recent example is Transport Malta’s building of a Capitainerie at the Gardens Marina in Ta’ Xbiex, where the court declared the permit illegal when the building was already under construction.
Francesco Grima (Il-Gigu) and Joseph Portelli have also built and sold apartments in Xewkija and Sannat despite the Court revoking their permits.
This has resulted in a quandary for new apartment owners who found themselves forking out their savings only to discover that they have purchased an illegal dwelling.
In May 2023, Prime Minister Robert Abela promised to change the law, disallowing development permits under appeal to continue to be executed. Almost two years later, nothing has been done.
We all know who the PA works for. Its not for the environment, not for the community and not for the common good.
Planning Authority my foot!! Xi hmieg jaqq! Tikser ir-regoli taghha stess! Jaqq, jaqq u jaqq!! Pajjiz gabuh zibel! Kollha mdahlin f das settur mishut u l poplu kuntent ghax qed jiddejjen biex jinvesti mil kruha li qed jibnu dal qatta mejtin bil-guh!
Who in his right mind would want to destroy a townhouse like that? And in Xewkija where master masons actually lived? More classical than that?
Regarding continuing with the works, including sales, there is just one solution. Raze to the ground after the final sentence, with the developers facing the music.
Prosit! Agree!
Only thing to do
At no point was house to be demolished. Both facade and various rooms where to be retained and incorporated in the development as per Superintendence of Cultural Heritage (SCH) instructions. We have built and continue building our projects in Gozo in traditional design exclusively in local franka stone, something Karkanja is renowned for. The existing facade was to be the main focal point of the development and yes you can preserve heritage while focusing on the future.
You did not quote the permit right next to our development where Din l-Art Helwa decided not to object was permitted to only keep facade and given 5 floors +1m extra height to keep the ground floor facade. Did it ever pass your minds to investigate why DLH decides to object to some and not to other similar cases depending on who the applicant is?
You did not mention the good planning logic of the repetitive court sentence where the overall height in meters is permitted but reducing the number of floors. Doesn’t this goes against the main mother planning law of making the best use of land to avoid pressure in extending development zone boundaries?
You did not query why the court after so many similar sentences, is not addressing the legislator to address grey areas similar to this case like it happened in many instances of civil and criminal issues.
U hallina b min trid titnejjek! Jien ghalija porkerija thallu l faccata tad-dar u tibni l kruha ta’ sulari fuqha!! Imma nerga nghid b min trid titnejjek Euchar!!? Jekk d dar hija ta valur tithalla kif inhi!! Full stop!! Mhux tigu bil-paroli fil vojt!! Int u zviluppaturi bhalek Gzira gibtuha mizbla!! Jaqbdek l biki tara dak l kruha enormi ta blokkok fuq daqsxejn ta Gzira! Hasra li hemm hafna ipaxxukom!
Mr Vella stated that they build in traditional design exclusively in local franka stone – ABSOLUTELY NOT TRUE- one of their project called The Willows in Victoria Gozo is certainly not. The building ruined all the estetika of the road which have traditional houses.
Mr. Vella jghid hafna affarijiet! Hu w shabu qerduha Gzira! Ara hiex porkerija thalli l faccata w tibni l kruha ta sulari fuqha! B min iridu jitnejku!? Gzira gibtuha mizbla!
Jaqqqq shame on you Euchar.
Buyers forking out money should have made the due diligence checks and ensured they were buying legit property.
If the courts declare buildings illegal, or if the court cases are not concluded yet why are the buildings supplied with water and electricity? This just adds to the mokery and disregard of our legal system. Without water and eletricty, the developers will find it difficult to sell new properties.