From pools to apartment blocks, illegal developments are popping up all over Malta as developers take advantage of a system that allows them to build while permits are under appeal – even if a court later revokes them.

If someone wishes to contest a decision taken by the Planning Authority about a proposed development, the appeal must first be heard by the Environment and Planning Review Tribunal (EPRT), and if its decision is deemed unsatisfactory, it can be taken to court.

Either the tribunal or the court may decide against the permit – yet development may already be underway.

The tribunal could opt to suspend works if the appellants request it; however, it rarely decides to do so as this places a tight three-month deadline to come to a decision.

This situation has led to controversial developments being shot down by a court after construction has commenced.

The most recent example of this was the half-built Capitainerie project along the Gżira Marina and Ta’ Xbiex promenade, whose permit was annulled by a court last month.

The Transport Malta project was supposed to replace the car park with offices and a restaurant.

Anthony Camilleri’s apartment block in Tal-Papa, Birżebbuġa. Photo: Jonathan Borg

However, a court of appeal annulled its permit flagging a massive conflict of interest, because TM had acted as both an applicant and areviewer of the permit.

A proposed planning reform to halt construction while the development is under appeal has been stalled for over a year.

One of the most notorious cases is Foreign Minister Ian Borg’s swimming pool for his countryside villa that was declared illegal by a court twice.

An appeal led by Dingli resident Noel Ciantar initially halted the project in 2019, after a court revoked Borg’s permit for the swimming pool (PA/05334/18).

Borg re-applied and was granted another permit to construct a swimming pool in 2020 (PA/867/20). This time, he proceeded to construct the pool even while an appeal was still pending.

A court of appeal in 2023 ultimately found the permit unjustified, yet the pool remains.

However, these are not standalone cases.

Villa Rosa. Photo: Jonathan Borg

Two historic buildings destroyed

A permit to transform the Villa Rosa site into a multi-use complex, featuring offices, restaurants, villas and a language school, was revoked by a court (PA/6072/22).

The permit allowed developer Anthony Camilleri – known as Tal-Franċiż – to demolish two British-era buildings while an appeal was still pending. These buildings were demolished, despite the court’s judgement.

A court of appeal ruled that the permit was invalid due to an incorrect and incomplete site description. Camilleri must now submit an entirely new request if he wishes to proceed.

Besides this permit, Camilleri has another application that is in preliminary step of the application procedure, for a 34-storey tower and two 27-storey towers (PA/07254/22).

In a separate case, Camilleri also had a permit revoked for a residential complex in Tal-Papa, Birżebbuġa (PA/04392/20), which has already been built. The developer has since challenged the decision.

Joseph Portelli’s pool in Xagħra being constructed in 2022. Photo: Coalition for Gozo

Joseph Portelli and his illegal pools

Gozitan construction magnate Joseph Portelli has repeatedly had his permits revoked by a court of appeal and it always seems to centre around a pool.

A month ago, a court revoked a permit for a swimming pool in Xagħra, which has already been built. The pool was placed behind a block of apartments in the protected Marsalforn Valley.

The permit was filed by Mark Agius, frequent business partner of Portelli, who is also the applicant behind other developments.

The court revoked the permit, ruling that pools outside the development zone can only be built on sites with existing gardens – something Agius failed to prove.

A court also annulled a permit for two large swimming pools in Qala that were built outside the development zone (PA/08143/21).

These pools were constructed outside the development zone and while a court of appeal annulled their permit in March 2024, they had already been completed.

Portelli initially began excavation for the pools in 2021 without a permit, leading to the PA ordering a halt to work after NGO Moviment Graffitti exposed the unauthorised construction. Portelli then filed a sanctioning application that was later approved by the PA.

Despite an appeal made by Qala’s local council and Moviment Graffitti, Portelli continued development and completed the construction of both pools, before the court annulled the permit.

Francesco Grima’s apartment block in Xewkija. Photo: Coalition for Gozo

Permits revoked for building height

In Sannat, a court, in 2024, also found penthouses (PA/05048/20) and an adjacent swimming pool (PA/02035/21) to be illegal.

The permit, also filed by Agius, was initially split into two applications; however, the court later revoked the permits for both the swimming pool and an additional floor of the apartment complex.

Since then, Agius has filed multiple applications to sanction the development, including an attempt to eliminate part of a pedestrian footpath through a planning control application.

Developer Francesco Grima, commonly known as il-Gigu, was granted a permit for a five-storey apartment block in Xewkija (PA/2805/21).

In 2023, a court revoked the building’s permit – although it was already built – citing the local plans that explicitly limit building height to three storeys.

The developers filed a sanctioning application last year in an attempt to retroactively legalise the structure.