Court revokes illegal development permit in Xewkija

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.

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.