In October 2021, developer Joseph Portelli started excavation work in connection with the building of swimming pools on ODZ land without having any permit to do so. This followed a series of illegalities and controversies that characterised his project, sprawled over 30,000 square metres, which now appears as a scar on the Qala townscape.

This project has evaded legal scrutiny through notorious ‘salami-slicing’ interventions, which go against planning policy. Portelli admitted publicly that he did not have a permit for these works and without any shame said that he was sure he would be granted a permit.

Fast forward to today and, after a failed appeal to the tribunal, Moviment Graffitti and the Qala local council appealed to the court, which was a success. The now-completed pools have been declared illegal by the court. This presents a conundrum – technically, the pools need to be removed and the land restored but what are the chances of this taking place?

This is by no means unique. There are numerous examples of such abuse – where a building site is appealed but construction is allowed to proceed unhindered, exploiting the long waiting times until the cases are considered.

Mistra is one such example – Mistra Village is long gone, replaced by a massive construction site and gaping hole in preparation for a monstrous 12-storey project on top of a ridge which would irrevocably transform Malta’s skyline for the worse.

The case is under appeal due to numerous policy breaches  but there is no sign of any attempt to stop the construction while the case is ongoing.

Villa Rosa is also experiencing the same thing, with demolition and excavation works under way since late May.

Excavation works in progress for swimming pools on ODZ land.

This convenient loophole in regulation – where a project under appeal may be allowed to proceed regardless of possible outcomes – has long been noted by the authorities.

In May last year, Prime Minister Robert Abela announced a reform in the permitting process of the Planning Authority where he stated that projects undergoing appeal would not be allowed to commence. Since then, these rules have not been put in place, giving developers a free rein to continue with their projects.

Technically, the pools need to be removed and the land restored, but what are the chances of that actually taking place?- John Paul Cauchi

As Moviment Graffitti we cannot but wonder: Does the prime minister think that activists and residents do not remember his promises? Why are things being delayed – except to facilitate these abuses? When our quality of life is threatened, and increasingly so, we cannot just sit by and allow these abuses to go on unhindered.

Following the court’s decision in March, a formal letter was sent by Moviment Graffitti to the prime minister in April, demanding action to remove illegal pools and return the land to its original state and, most importantly, a change to the current laws so that such situations do not keep reoccurring.

The recent MEP election results, where Labour’s electoral advantage was drastically reduced, speak for themselves. The prime minister himself, somewhat humbled, said there is an increased need to listen to residents and their qualms regarding the environment and over-construction, among other things.

We wonder if this is, yet again, an empty promise, to add to the whirlwind of broken promises and half-hearted mutterings of the prime minister who seems incapable of reining in the hydra of development on our islands.

Going back to Portelli, we remember his statement about developers going directly to politicians to “speed up the process”, in what is a clear case of admission of circumventing regulations meant to safeguard the rights of residents and their environment.

Regardless of their action or inaction, Moviment Graffitti, however, assures the prime minister that we will not remain silent, and that if things remain unaddressed, action will need to be taken.

John Paul Cauchi is a Moviment Graffitti activist and environmental health expert.