Activists decry Planning Authority’s sanctioning of illegal buildings in defiance of court rulings

Environmental activists and resident groups have condemned the sanctioning of illegal buildings by the Planning Authority despite court rulings that had revoked the original permits.

On the steps of Castille, activists said the PA recently sanctioned a development by Gozo construction magnate Joseph Portelli in Sannat despite a court having revoked the permit for planning violations.

They said three more illegal developments tied to Portelli, which also had their permits revoked by the court, are pending sanctioning. One of the pending cases relates to the ODZ swimming pools in Qala.

These events are eroding the “few remaining rights people have to hold authorities accountable”, the activists said, holding placards with the words ‘rule of law’ struck off and instead sporting the statement ‘rule of developers’.

Sanctioning procedures are meant for cases where structures conform to existing policies. Yet, in these four instances, court rulings have clearly stated that they do not. “The PA’s processing and approval of these applications undermines the entire planning and judicial process, turning it into a sham procedure where laws, regulations, and even court rulings are disregarded to appease powerful developers,” the activists said.

This gravely undermines the rule of law and threatens the ability of people across Malta and Gozo to participate meaningfully in the planning process or to challenge authorities' decisions, they added.

Calling it a scandal, the activists said the latest events were intrinsically tied to the reform that was never implemented to postpone any construction until all legal avenues of appeal are exhausted. As things stand today, developers can start building once a permit is issued even if it is being appealed.

The Qala and Sannat buildings, among many others, were completed before their permits were revoked by the court.

Prime Minister Robert Abela promised a reform of this law in May last year but it was only yesterday, on the eve of the protest, that Planning Minister Clint Camilleri said that legal changes would soon be presented to Cabinet for approval.

The reform would have to be tabled in parliament and approved but the delay to move forward has justifiably raised eyebrows.

“Not only has the Prime Minister failed to deliver on his promise to reform the appeals law, but the situation has deteriorated even further as the PA is now re-approving developments which, only last March, were deemed illegal by the court,” the activists said.

They also said that PA Executive Chairperson Oliver Magro must also bear responsibility for his actions. “The PA is shamelessly ignoring the rulings of the Chief Justice and wilfully processing fraudulent and misleading applications which also falsely declare that the development is in line with existing planning policies.”

The NGOs and residents' groups demanded that the Prime Minister reverse this “alarming course” and insisted the PA must “immediately discard” the processing of applications that seek to sanction developments whose permits were cancelled by the court.

The protest was attended by: BirdLife Malta, Din l-Art Ħelwa, Flimkien għal Ambjent Aħjar, Friends of the Earth Malta, Għawdix, Moviment Graffitti, Nature Trust Malta, Ramblers Association Malta, The Archaeological Society Malta, Wirt Għawdex, Azzjoni Tuna Artna Lura, Għaqda Residenti tal-Qrendi, Għaqda Storja u Kultura Birżebbuġa, Marsaskala Residents Network, Marsaxlokk Heritage, Nadur Nadif, Residenti Beltin, Sliema Residents Association and Wirt iż-Żejtun.