PA overrules Chief Justice and sanctions Portelli’s illegal penthouses against €150 fine

The Planning Authority has approved the sanctioning of a row of penthouses in Sannat, Gozo, despite a definitive ruling by Malta’s highest court declaring the development illegal.

The properties, developed by Gozitan businessman Joseph Portelli in collaboration with associates Mark Agius — known as Ta’ Dirjanu — and Daniel Refalo, had been struck down in March 2024 by the Court of Appeal.

In that judgment, Chief Justice Mark Chetcuti ruled unequivocally that the penthouses, along with two swimming pools built on land outside the development zone, were unlawful and that their permits should be revoked.

In a surreal session of the Planning Commission, where only Architect Saviour Micallef appeared on behalf of the foreign employees applying on behalf of Portelli, Chairperson Elizabeth Ellul approved the sanctioning of the illegal row of penthouses.

As a punishment for breaking the law, Portelli was fined €150. After the Court’s decision, Portelli had argued that the Chief Justice’s judgment was just “an interpretation”.

Together with two other Gozitan members, Cornelia Tabone and Pierre Hili, Ellul’s Commission gave its approval to the legal arguments presented by the Planning Directorate. They stated that the Court of Appeal’s decision should be ignored, as the illegal building still conformed to the local plans and other policies.

In March 2024, in a decision by the Court of Appeal, presided over by Chief Justice Mark Chetcuti, it was declared that a row of penthouses and two ODZ pools built in Sannat were illegal, and the PA should have never issued a permit.

Despite this clear decision, the Planning Authority, which, according to the Constitution, also falls under the Court’s jurisdiction, continued with the process to accommodate Portelli.

Through two third-country employees, Klevis Hoxhaj and Eledon Koci,  Portelli filed two new applications, PA05625/24 and PA05626/24, to sanction the illegal penthouses.

On Tuesday, Elizabeth Ellul gave her seal of approval, sanctioning the penthouses and overturning the Court of Appeal’s judgement.

So far, it is unclear whether NGOs, who are outraged by this decision, will continue to fight through a new appeal and whether a contempt of Court case will be initiated against the Planning Commission and its members.

Meanwhile, Portelli and his partners have now also applied to sanction the two illegal ODZ pools, complementing the penthouse building, which was declared illegal by the Court.

Through PA226/25, they are asking the Planning Authority to overturn the Court of Appeals’ decision – even regarding the pools.

The application was filed by Mark Agius, known as Ta’ Dirjanu.