Ta’ Xbiex Marina developers turn to Portelli-style planning manoeuvre to overcome court ruling

The developers behind the illegal Ta’ Xbiex Marina ‘capitainerie’ are pursuing a new planning route to sanction the structure despite a Court of Appeal judgment revoking its permit, adopting the same type of manoeuvre recently used by developer Joseph Portelli over his illegal penthouses and pools in Sannat.

Planning Authority sources told The Shift that the applicants have suddenly withdrawn the screening of their latest development application, PA03664/25, which sought to sanction the existing structure and complete the project.

The sources explained that the withdrawal does not mean that the illegal structure will now be dismantled or that the public land will be restored to its original state.

Instead, the developers are preparing to submit a Planning Control (PC) application seeking changes to the planning parameters governing the area.

If successful, the changes could remove the planning obstacles identified by the Court of Appeal and allow a fresh attempt to sanction the development.

The developers have already obtained the necessary consent from the government, through the Lands Authority, to pursue the PC application. The Authority falls under the political responsibility of Minister Owen Bonnici.

Sources familiar with the process told The Shift that the latest strategy is being coordinated with ‘the help of the Planning Authority’, particularly through Executive Chairman Johann Buttigieg, and forms part of efforts being driven from the Office of the Prime Minister.

The ‘new’ strategy closely resembles the route used in Sannat to overcome a court judgment against illegal development forming part of Portelli’s sprawling apartment project.

After the Court of Appeal struck down permits covering parts of the Sannat development, a Planning Control application was used to alter the planning designation affecting the site.

The change subsequently provided the basis for the Planning Authority to sanction development that had previously been found to be illegal, including swimming pools. Johann Buttigieg publicly defended the process when the matter came before the Planning Board, arguing that the legal obstacles identified by the court had been addressed.

A similar route is now being pursued in Ta’ Xbiex.

In February 2025, the Court of Appeal, presided over by Chief Justice Mark Chetcuti, revoked the permit for the so-called marina ‘capitainerie’, finding that the Planning Authority had wrongly applied planning policies to permit development on land designated as Public Open Space.

The development, ostensibly intended to provide facilities for Gardens Marina, incorporated a sizeable catering establishment and outdoor dining areas on public land.

Despite the court judgment, the structure remained standing.

A subsequent application attempted to sanction what had already been constructed, describing the catering establishment as a “cafeteria”. That application’s screening has now been withdrawn as the developers pursue the Planning Control route.

The marina concession is controlled by businessmen Paul and Mark Gauci, known as Tal-Gedida, close personal friends of Prime Minister Robert Abela and his wife, Lydia. The prime minister also used to keep his private yacht at the marina and refused to present receipts to The Shift showing that he was paying for berthing.