Updated 3.50pm

Arnold Cassola on Thursday asked the Ombudsman to investigate the planning authority’s sanctioning of penthouses in a Sannat development linked to construction mogul Joseph Portelli. 

The sanctioning is linked to the development of apartment blocks with pools in rural Gozo which was proposed in two different applications in 2020 and 2021.

Activists had insisted the applications could not be judged singularly and in a vacuum, as they formed part of an attempt to fragment a mega-development to avoid the scrutiny such a large project would require. 

In one of the applications (PA2035/21), Mark Agius, a developer and business partner of Portelli, applied to excavate a site and construct 29 apartments, 20 basement garages and a pool. The proposal was approved in 2021.

Heritage NGO Din L-Art Ħelwa had filed an appeal against the PA’s approval. When the  Environment and Planning Tribunal also approved the development, it took the issue to the law courts.

In March, Chief Justice Mark Chetcuti noted that the EPRT had incorrectly applied policies when it approved the development.

The court noted that the approved pool and penthouse floor level should not have been approved, and the permit for this part was revoked.

However, by then both the pool and the penthouses had been constructed and an application (PA/03869/24) to sanction two of the illegal penthouses was filed by Tarlochan Singh.

In the application, Singh declared he is not an owner of the entire site, but is authorised to carry out the proposed development through an agreement with the owner.

Flimkien għal Ambjent Aħjar and DLĦ protested the sanctioning with the latter applying for the revocation of the sanctioning permit.

Cassola meanwhile asked the Commissioner for Environment and Planning within the Office of the Ombudsman to look into the matter.

"The sanctioning of these illegal structures raises serious questions about the integrity and responsibility of the PA.

"It is worrying how a court decision - which clearly declared that the development is illegal - has been ignored," Cassola said, adding that the move created a dangerous precedent that could potentially negatively impact the public's trust in the planning system. 

He urged the commissioner to look into whether the court ruling was taken into consideration during the sanctioning process, and whether there was any outside influence or irregularities that could have led to the sanctioning of the illegal structures.

'PA acted with complete disregard for the rule of law'

Meanwhile, DLĦ has appealed the sanctioning decision, saying it believed the process had been "carried out in a secretive and opaque manner by means of an expedited summary process".

The NGO said the application contained no reference to the previous permission which had been revoked by the court and even though a summary application cannot be processed if the application does not comply with plans and policies, the PA went ahead and approved the application.

"The PA has acted with complete disregard for the rule of law, making itself complicit in rule-breaking and abusive practices. DLĦ will not turn a blind eye to this flagrant disregard of the law," it added.

"The PA must be reined in and the individuals responsible for this shameful episode must bear responsibility for their actions."

Similarly, FAA said the PA had set itself above the courts, meaning rule of law no longer existed in Malta.

"The implications of this are extremely serious. The ordinary citizen is being denied the basic elements of justice, as this annuls citizens' efforts, funds and basic rights to seek legal redress against abuse, shaking the very foundations of our democracy."

FAA said the PA has "sunk to new lows of conspiring to encourage unlawful acts".

By 'legalising' the two penthouses the PA had defied the highest court:

"The PA and the EPRT, along with the Superintendence of Cultural Heritage, are persisting in sinking this country into a mire of illegalities.

"This latest violation of a court decision issued by the Chief Justice endorses the perception that we are living in a country where Joseph Portelli and his fellow developers have ultimate power over laws and court, like a Mafia state."

NGOs demand ‘urgent review’ of planning practices 

In an open letter to Planning Minister Clint Camilleri, a group of NGOs expressed deep concern for the sanctioning of the development and called for a “thorough review of current practices and urgent action” to remedy the situation. 

The letter, sent by the group Għawdix, said it is unacceptable that Malta’s planning system allows developers to continue building throughout the appeals process with no restrictions. 

Such a situation is creating a lose-lose situation for both appellants, who are left with a hollow victory as the development would already have been completed, and the applicants, whose buildings end up in legal limbo. 

They recalled Prime Minister Robert Abela’s promise to reform this system but noted that, despite a public consultation on the matter having closed last November, there has been no change. 

“Allowing a development to proceed while an appeal is pending, only to retroactively sanction it after a court has ruled against it, effectively nullifies the authority of the judiciary. It creates a scenario where developers can flagrantly ignore legal rulings, secure in the knowledge that they can simply apply for retroactive approval. This practice is an affront to justice, erodes public confidence in the planning process, and sends a clear message that the Planning Authority’s decisions are beyond the reach of judicial oversight,” they said. 

“Minister Camilleri, it is your duty, as well as that of your Ministry, and the Government that represents the people, to uphold and protect the public interest, safeguard our rights as citizens, and ensure the rule of law in this country. We trust that you will treat this matter with the urgency and seriousness it demands, and take the necessary steps to restore justice and fairness to Malta's planning processes.” 

The letter was endorsed by Azzjoni: Tuna Artna Lura, Birdlife Malta, Din L-Art Ħelwa, Din L-Art Ħelwa - Għawdex, Flimkien Għal Ambjent Aħjar, Friends of the Earth Malta, Grow10Trees, Kunsill Studenti Universitarji, Malta Youth in Agriculture Foundation, Moviment Graffitti, Nature Trust FEE, Malta Ramblers’ Association, The Archaeological Society Malta and Wirt Għawdex.