Elizabeth Ellul delivers: PA overrules Chief Justice’s decision

A few days after the Planning Authority approved the illegal penthouses constructed by Gozitan developer Joseph Portelli in Sannat—previously rejected by the Court of Appeal—the new appointee of the Gozo Minister to the Planning Commission, focused on Gozo, Elizabeth Ellul, has now moved to approve another block of illegal apartments in Xewkija. This project also had its permit revoked by the Court.

In a clear affront to the rule of law, environmental NGOs and residents, who have fought tirelessly for years and won the day against the development, Ellul and her planning commission members, Gozitans Cornelia Tabone and Pierre Hili, went against another Court ruling by the Chief Justice.

After developer Francesco Grima, known as il-Gigu, split his apartment block in three new sanctioning applications, in an apparent attempt to circumvent the Chief Justice’s ruling, Ellul, in a surreal decision, decided that the permit should be reissued as, according to her commission, other similar building applications surrounding Grima’s illegal block were already in place.

Ironically, the ‘other’ development permits cited were issued to Francesco Grima, the same developer, and Mark Agius, Ta Dirjanu, who is known for irregularities in building permits and acts on behalf of Joseph Portelli.

All permits cited by Elizabeth Ellul are fronted by Architect Alexander Bigeni – a relative of Planning Minister Camilleri and his former consultant.

Ignoring the fact that the Chief Justice determined that Grima’s development goes against the local plan for the area, Ellul used a sub-clause in the planning act to justify her decision.

According to the Maltese Constitution, the Court of Appeal is Malta’s highest Court.

Gigu’s illegal block

The issue goes back to 2020 when il-Gigu applied to develop a residential block called Mulberry Court on a large plot of land in Xewkija.

The PA issued the permit against its directorate’s recommendation, despite a clear indication by the Superintendence for Cultural Heritage that the permit could not proceed.

The local plan for the area, which remains unchanged, clearly states that the area can only accommodate three-storey buildings. Il-Gigu applied to build a five-storey building anyway and obtained a permit.

An appeal was immediately filed against the development, but Grima continued with construction nonetheless, completing the building three years later. Prime Minister Robert Abela’s two-year-old promise to prohibit construction during an appeal was never implemented.

Following a Court challenge, Chief Justice Mark Chetcuti decided in 2024 that the building was illegal and contravened planning rules, revoking the permit as if it had never existed.

Still, the building remained in place, with the PA not even issuing an enforcement order to uphold the highest Court’s ruling. Il-Gigu had already sold the apartments even though his block was without a permit.

Last week, through Elizabeth Ellul, the PA reissued the permit struck down by the Court, which many deem a clear case of contempt of Court. This violation would usually be followed by prosecution.

Francesco Grima, known for his direct connection to Gozo Minister Clint Camilleri, has been involved in several dubious development projects and regularly receives direct orders from the Gozo Ministry.

Minister Camilleri denies any business connection with il-Gigu.

Most recently, Grima became the prime mover in the redevelopment of Fort Chambray, agreeing to buy the public concession from Michael Caruana, known as il-Billi, together with a group of other businessmen.

They have agreed to develop the Knights’ era fort into more flats and a hotel.

Both sides of Parliament approved the transfer of the concession, which includes dismantling the historic British barracks — the only ones built during British rule in Gozo.

Considered a small developer until a few years ago, Grima and his company, Elzan Properties, now have tens of ongoing developments all over Gozo, offering a series competition to rogue developer Joseph Portelli and his associates, Mark Agius Ta’ Dirjanu and Daniel Refalo.