Court annuls Hili’s Comino mega-project permit and orders reassessment

A court has ordered the government-appointed Environment and Planning Review Tribunal (EPRT) to reconsider its decision approving a controversial €170 million tourism development on Comino, in a significant ruling that reopens one of Malta’s most contested planning cases.

The judgment, delivered by the Court of Appeal, follows an appeal filed by Moviment Graffitti and a coalition of environmental organisations against the Planning Authority and developer HV Hospitality, part of Hili Ventures.

At the centre of the case is a permit issued in June 2025 for the demolition and redevelopment of the Comino hotel and bungalow complex into a luxury resort, including a hotel, villas and extensive ancillary facilities.

The government’s tribunal had upheld that permit in November 2025, dismissing objections from NGOs.

However, the court, presided by Judge Mark Simiana, has now intervened, effectively overturning that decision and requiring the tribunal to reassess the case.

The judgment delves into complex planning and environmental considerations, particularly the interpretation of policies governing development on Comino, a designated Natura 2000 site and an Area of High Landscape Sensitivity.

While the tribunal had previously concluded that the project complied with policy by reducing overall disturbed land and incorporating ecological restoration measures, the appellants argued that it still represented an intensification of development in a highly protected area.

The case highlighted tensions between the redevelopment of existing tourism infrastructure and strict conservation policies that establish a general presumption against further development on the island.

Court documents show that the proposed project would increase built floor area but reduce disturbed land overall, with parts of the site earmarked for ecological restoration.

At the same time, the environmental impact assessments acknowledged that the development would result in the loss of protected garrigue habitat, even if mitigation measures were implemented.

The NGOs argued that the scale and intensity of the project, including excavation, new structures and expansion beyond designated tourism zones, breached local plan policies intended to strictly limit development on Comino.

The court’s ruling does not definitively cancel the permit but sends the case back to the tribunal for reconsideration, leaving the project’s fate uncertain.

The decision is expected to have wider implications for how planning policies are interpreted in environmentally sensitive areas, particularly in cases involving large-scale redevelopment framed as “upgrading” of existing facilities.

The tribunal will now be required to reassess whether the permit complies with planning and environmental rules in light of the court’s findings.

The judgment may also have implications for other large and controversial projects currently under appeal.