A coalition of NGOs and resident groups want Robert Abela to stop the Planning Authority from sanctioning illegal developments.

In a press conference outside Castille on Saturday morning the groups said that the prime minister’s lack of action in this matter is overseeing a “power seizure” by developers over the country’s planning and justice system.

The issue came to prominence recently after the PA sanctioned a development which had been declared illegal and stripped of its permit by a Court of Appeals just months prior.

That decision sparked outrage and triggered an Ombudsman investigation, as well as a formal appeal into the sanctioning application.

Moviment Graffitti activist Andre Callus said that Malta's already rotten planning system was being plunged to new depths by the Planning Authority. 

He said that the developer behind the sanctioned development that made headlines, Gozo magnate Joseph Portelli, has three other illegal construction projects which currently have sanctioning applications before the PA. 

“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,” Callus said.

“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.”

This status quo, he added, gravely undermines the rule of law and threatens people’s ability to meaningfully challenge the PA’s decisions. 

Callus said that this scandal is tied to the fact that this far the government has failed to meaningfully reform the planning appeals process, despite Abela promising several times that he would do so. 

PA allowed summary procedure despite ‘non-conformist’ buildings 

The law allows developers to begin construction on buildings which are still under appeal, thus creating a situation in which illegal structures are built and remain in place even after the court rules against them. 

Din l-Art Ħelwa president Patrick Calleja explained that in the past four months, four sanctioning applications located in Gozo had been filed by entities connected to Joseph Portelli, and in every instance, they had already been built when the courts revoked their planning permits. 

He said the court had primarily revoked these permits because they did not conform to planning policy. 

However, in the case of the Sannat permit, this was granted through a summary procedure. 

This means that rather than basing the sanctioning application on an assessment by the planning commission, the decision is based on the recommendation of the PA’s executive chairman, who must declare that the building does in fact confirm to existing planning policies. 

When PA boss Oliver Magro made the recommendation for the Sannat application, it did not conform to planning policy as clearly stated by the court, Calleja said. 

“The planning minister must explain why the PA accepted this summary application when it knew the penthouses didn’t conform to policy,” Calleja said. 

Luke Said from the NGO Għawdix said it was beyond belief that normal citizens must fight tooth and nail for rights that should be obvious and simple, such as not allowing construction to go ahead while a building is under appeal and following the directions of a court judgement. 

“This situation is incredulous and denies us the right to shape our own environment as we see fit. It is a shame that this has happened in a democratic country,” he said. 

Astrid Vella of Flimkien Għal Ambjent Aħjar said that the PA’s decision to sanction the Sannat penthouses not only goes against its own mission statement and is in violation of a number of international treaties Malta is signatory to, but has far-reaching implications for the state of the rule of law in the country. 

“Almost every day the Maltese people are forced to endure another insult to the planning system that further plunges it into crises,” she said. 

“Not only is this eroding our legal rights as citizens, but its implications go beyond the environment. If an entity can simply ignore a decision handed down by the Chief Justice, then it sets a precedence that he can be ignored in other areas as well."

She added that the ongoing construction frenzy is having an impact on the public's physical and mental health. 

“[PA Boss] Oliver Magro should open his eyes,” Callus said. 

“We know that these people take their directions from others, but as we’ve seen in court proceedings related to the hospitals deal, people who put into motion the criminal actions of others are having to answer for their deeds as well.” 

Prior to being appointed PA chair, Magro served as part of Prime Minister Robert Abela's legal team.

Abela's government this week announced that it would be presenting a law that would prohibit construction projects from going ahead until the appeals process has been exhausted.

The prime minister had made a similar pledge back in September 2023, saying at the time that his cabinet "has approved" such a law. Nothing more was heard about it until this week's statement.  

Speaking on Saturday, Callus said he would reserve judgment until details concerning the law were divulged. 

“We’re ready to participate in consultation, but we’ll believe it when we see it,” he said. 

Callus said the NGOs are calling for the government to take the following steps immediately: 

• Have the PA stop processing sanctioning applications for buildings that have been declared illegal by the courts
• Revoke the approval for the sanctioning permit for the Sannat penthouses
• Implement planning appeals reform that includes making the PA legally obligated to obey court orders. 

The groups who participated in the press conference are 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.