Moviment Graffittit drew attention to flawed planning laws in a statement on Monday, referring to several illegal developments struck down by the court after being given the green light by the Planning Authority.
Despite court rulings declaring the developments illegal, the buildings were built and sold as appeals before the court were ignored.
“Since 2023, Prime Minister Robert Abela has repeatedly pledged to reform this law. However, two years later, the legal framework remains unchanged,” the organisation said in a statement.
“In Sannat, just a stone’s throw from Ta’ Ċenċ, Joseph Portelli and his associates have built hundreds of apartments, leaving behind a trail of environmental destruction. This project was permitted to proceed despite being subject to an appeal, ” Moviment Graffitti added.
The Shift has highlighted these issues, exposing what happened in Sannat and other developments.
“Under the current defective legislation, construction work is allowed to commence even while an appeal is underway. Consequently, by the time a ruling is issued declaring the development illegal, the project is already completed,” Graffitti said.
The organisation stressed that in Sannat, the Planning Authority (PA) disregarded blatant breaches of planning regulations, especially the pools in Outside Development Zones (ODZ) and penthouses. The Planning Tribunal (EPRT) failed to recognise these violations and upheld the PA’s decisions.
“The Court of Appeal ruled that the ODZ pools and the penthouse were illegal and in breach of established planning policies, thus revoking their permits. By the time the ruling was delivered, the project had already been completed,” Graffitti said.
In July 2024, Portelli and his associates applied to sanction the penthouses that had just been declared illegal by Malta’s highest court.
“In a surreal turn of events, the PA proceeded to approve their sanctioning and reissued the same permit that had been revoked just months earlier.”
Portelli and his associates continue to submit applications to sanction various structures, including ODZ pools in Sannat, whose permits have been officially revoked by the courts.
“This is an extremely dangerous situation that erodes the foundations of democracy in our country and threatens the people’s ability to participate in the planning process and challenge decisions made by the authorities.”
As the video by Graffitti shows, the flawed appeals law has wreaked havoc not only in Sannat but also in Mistra, Qala, Mellieħa, Xewkija, and many other locations.
Abela’s promise in May 2023 to introduce a law preventing developments from proceeding during the appeal process remains unfulfilled and has not been presented to parliament.
“It is deeply concerning that the prime minister has yet to implement this fundamental and necessary reform while simultaneously pushing through problematic legislative reforms at breakneck speed,” the organisation said.
Moviment Graffitti called for an urgent revision of the planning appeals legislation. “This reform should safeguard the people’s right to appeal PA decisions; give them the necessary time to present their appeals effectively; and ensure that no works are carried out based on the contested permit.”