Moviment Graffitti insisted again on Monday that developers should not be allowed to go ahead with their construction projects when permit decisions are pending appeal.
Under current legislation, construction work can commence even while an appeal is underway. Consequently, by the time a ruling is issued declaring the development illegal, the project would already be completed.
"Since 2023, Prime Minister Robert Abela has repeatedly pledged to reform this law. However, two years later, the legal framework remains unchanged," it complained.
It pointed out that in Sannat, just a stone’s throw from Ta’ Ċenċ, developer Joseph Portelli and his associates have constructed hundreds of apartments, leaving behind a trail of environmental destruction. This project was allowed to proceed despite being subject to an appeal.
"In Sannat, the Planning Authority (PA) disregarded blatant breaches of planning regulations, especially the construction of pools in Outside Development Zones (ODZ) and penthouses. The Planning Tribunal (EPRT) similarly failed to recognise these violations and upheld the PA’s decisions.
"However, the Court of Appeal ruled that the ODZ pools and the penthouse were clearly illegal and in breach of established planning policies, thus revoking their permits. By the time the ruling was delivered, the project had already been completed," Graffitti said.
It pointed out that in July 2024, Portelli and his associates submitted an application to sanction the penthouses that had just been declared illegal by Malta’s highest court. "In a surreal turn of events," the PA proceeded to approve their sanctioning and reissued the same permit that had been revoked just months earlier.
It said that Portelli and his associates continue to submit applications to sanction various structures, including ODZ pools in Sannat, whose permits have been officially revoked by the courts.
"This is an extremely dangerous situation that erodes the foundations of democracy in our country and threatens the people’s ability to participate in the planning process and challenge decisions made by the authorities."
Graffitti said the flawed appeals law has also wreaked havoc in Mistra, Qala, Mellieħa, Xewkija, and many other locations.
"It is deeply concerning that the Prime Minister has yet to implement this fundamental and necessary reform while simultaneously pushing through problematic legislative reforms at breakneck speed," the NGO said.
It called for immediate legislative reform to safeguard the people’s right to appeal PA decisions; give them the necessary time to present their appeals effectively; and ensure that no works are carried out on the basis of the contested permit.