Court confirms that rural pathways remain protected under planning policy - PA

The Planning Authority has welcomed a judgment by the Court of Appeal last week confirming the refusal of an application seeking to sanction a gate obstructing a rural pathway leading to Blata tal-Melħ in Baħrija.

In a judgment delivered on Monday last week, Mr Justice Mark Simiana confirmed that the term “public country pathway” in planning policy is not determined by who owns the land, but by whether the path is used by the public. 

The Planning Authority said the court confirmed an important planning principle: rural pathways that have historically been used by the public remain protected under planning policy.

"The judgment clarified that the concept of a “public country pathway” under the Rural Policy and Design Guidance 2014 refers to the public use of the pathway, not necessarily to public ownership of the land itself.

"In reaching its conclusions, the court referred to historical survey sheets, long-standing public use of the route, and the importance of preserving public access to the coast. The court also confirmed that the existence of alternative routes does not justify the obstruction or closure of a protected rural pathway."

The PA said the judgment further recognised the environmental sensitivity of the area, which forms part of a protected coastal and ecological landscape, and reaffirmed the importance of safeguarding public recreational access to such sites.

It said it remains committed to balancing private property rights with the wider public interest, environmental protection, and the preservation of Malta’s rural and coastal heritage.