Court revokes permit for ODZ swimming pool in Marsalforn valley

The Court of Appeal, presided over by Chief Justice Mark Chetcuti, has revoked a permit for the development of an ODZ swimming pool and landscaping works next to an apartment block approved along the Marsalforn valley in Xagħra.

The permit issued to Mark Agius, a business associate of Joseph Portelli for the pool was issued in 2022 despite a clear recommendation by the case officer to refuse the development.

The case officer had concluded that the proposed pool area as it ran counter to a local plan policy prohibiting pools in ODZ areas adjacent to ridge edges unless it could be proven that the interventions were occurring on existing and established gardens.

Despite this, the permit was still issued and later confirmed by the Environment and Planning Review Tribunal (EPRT). However, in its ruling, the court referred to the same local plan policy to revoke the permit. It also questioned the EPRT’s assumption that the presence of rubble walls in aerial photos from 1967 was sufficient proof that the pool site was an established garden.

The law courts have already revoked permits for two other ODZ swimming pool developments linked to companies owned by Mark Agius and Joseph Portelli in Qala and Sannat.

Agius has recently applied to remove a passageway separating the apartment block in Sannat from an already built pool, whose permit was also revoked by the courts.

Although the pools have yet not been yet constructed the site has been excavated.

The court appeal was filed by Moviment Graffitti, Din l-Art Helwa, Flimkien ghal Ambjent Ahjar (FAA) and the Xaghra local council.