A court found that a €30,000 fine issued against a construction company for carrying out illegal works is valid.
A court of appeal upheld a previous judgement that found an enforcement notice that was issued by the Planning Authority (PA) against Tal-Magħtab Construction Co. Ltd and Theodosius Baldacchino for works without a permit was valid, as the company and Baldacchino never appealed the original notice.
Magħtab Construction and Baldacchino received a fine worth €31,900 after they carried out development without a permit at a site in Attard during numerous periods between 2014 to 2018.
In September 2014, the PA issued an enforcement and stop notice warning the company that if it did not stop works within sixteen days, then it would be subject to a daily fine.
The PA said that the unauthorised development included the dumping of rubble and limestone, levelling the land and pouring concrete to create a platform.
Magħtab Construction and Baldacchino argued that because the land was owned by a third party, then an enforcement notice should have been issued to the owner of the land and not them.
During the proceedings, the court noted how the original notice was never appealed to the planning tribunal. Therefore, in December 2024, the court found that since the notice was never appealed, it “must be considered legally valid”.
Shortly after the appellants appealed this judgment with the Court of Appeal, also arguing that fundamental rights were breached.
On 8 May 2025, the court of appeal found it could not decide on whether their fundamental right had been breached, as this was not part of the court case that was being appealed.
The court added that this argument should have been made to a constitutional court.
Regarding the enforcement notice, the court upheld the initial decision, reciting how the appellant never appealed the original notice.
Magħtab Construction had previously been fined €25,000 by the Environment Resources Authority (ERA) for cutting down trees in an old disused quarry slated for “rehabilitation”.