Court sends PA permit for Comino development back for review

Updated May 5 with court reasoning

A court has ordered the Planning Tribunal to reconsider its decision confirming a permit for a hotel, 16 villas and 44 swimming pools on Comino. 

The permit, granted by the Planning Authority, has been challenged for years by Moviment Graffitti and several environmental NGOs. 

They had opposed the Hili Group project, saying it would damage Comino's environment. 

In a decision on Monday, a court presided by Mr Justice Mark Simiana ruled that the permit decision should be revoked and sent back to the Environment and Planning Tribunal (EPRT).

The court did not take into account objections focused on the project's Environmental Impact Assessment (EIA) or impact on Comino's high landscape sensitivity status.

However, it found that the EPRT had failed to distinguish between legal and illegal development when establishing the baseline for the Comino project.

The EPRT had accepted the existing floor area figures provided by the developer and Planning Authority without verifying if all those existing structures were legally permitted, it found. 

The court did not delve into the legality of existing structures on the site, limiting itself to noting that if illegal existing structures were included in the floor area calculation, then those structures had ended up being used to justify a larger new development. 

To treat illegal and legal structures the same would be "absurd," especially in a highly protected Natura 2000 site, it said. 

Activists celebrated the decision. 

"Our fight, together with that of other organisations, to save Comino from greed has been going on for a full six years," Moviment Graffitti said in a statement.

"It was only thanks to the support and contributions of the public that we were able to continue challenging the rotten decisions of the Planning Authority and the Planning Tribunal in the courts. Today, that collective effort has prevailed. The tribunal must now review its decision, which had confirmed the Planning Authority’s permit," the NGO said. 

The ruling overturns a tribunal decision that had upheld a permit issued by the Planning Authority last November to Hili Ventures. The permit had allowed for the redevelopment of the current hotel and bungalows on Comino, which ceased operation some years ago. The approved project includes a 71-room hotel, 16 villas and 44 swimming pools at San Niklaw Bay and Santa Marija Bay.

The tribunal had dismissed objections by Azzjoni Tuna Artna Lura, BirdLife Malta, Din l-Art Ħelwa, Friends of the Earth Malta, Għawdix, Graffitti, Nature Trust – FEE Malta, Ramblers Association, The Archaeological Society Malta and Wirt Għawdex.

The appeal to the EPRT was based on 11 complaints that ranged from claims that the project violated local plans and rural policies to concerns about the project’s environmental impact and habitat loss.

The EPRT had dismissed all the objections and upheld the PA’s original reasoning that approved the permit, saying that while the project involved intensive changes, the proposal incorporated sufficient mitigation and restoration measures to justify its approval.

HV Hospitality says the project will cost around €170 million and has signed a deal with the Six Senses luxury brand to operate the hotel.

The developer says the project will restore over 8,200 square metres of land and introduce 55,000 endemic trees and plants to the area. Objectors say the project will strain Comino’s fragile ecosystems and highlight the luxury project’s plans to add a massive 44 swimming pools and two new jetties to the island.

Graffitti and the other NGOs were represented by lawyer Claire Bonello.

Developer remains committed to the project

In a reaction, HV Hospitality, part of the Hili Group, said: “We respect the court’s ruling and remain confident in the planning and environmental merits of this project. Over the years, this proposal has been substantially pared back through consultation, expert input and regulatory engagement, and we remain committed to participating constructively in the next stage of the process.”

The group said the proposed €170 million redevelopment remains centred on transforming outdated 1960s-era structures into a lower-density, sustainability-led tourism project aligned with Comino’s unique environment, featuring 71 hotel rooms and 16 bungalows.

"HV Hospitality remains committed to a project that balances environmental restoration, responsible tourism and long-term investment, and will continue to engage responsibly with all relevant authorities and stakeholders as the process moves forward."

A photomontage of the proposed bungalows that will form part of the project. Render: HV Hospitality.

A message to the authorities to safeguard the environment - BirdLife

BirdLife Malta said the court's decision sent a clear message to the authorities of their obligation to safeguard the natural environment, recognising it as a priority that must be legally protected.

"Whenever authorities fail in this duty, BirdLife Malta, together with other NGOs, will remain at the forefront to defend nature for the common good,” CEO Mark Sultana said in a statement.

Din L-Art Ħelwa said this decision is an important opportunity for further scrutiny of applicable policies and reinforces the need to safeguard Malta’s national heritage.

It insisted that the development, as originally approved by the Planning Authority, significantly exceeded applicable thresholds. The scale and intensity of the project would have led to the over-commercialisation of the environmentally sensitive island of Comino, undermining its ecological integrity and unique natural character. 

“Comino is a site of exceptional environmental value, and decisions affecting its future must be guided by sustainability, proportionality, and long-term stewardship,” it said.

Momentum said this judgment represented a significant step forward in protecting one of Malta’s most fragile natural environments.

It praised the NGOs for their persistence, expertise and commitment to the public interest.

"This victory shows that civil society, when determined and united, can challenge flawed decisions and defend Malta’s natural heritage. It is also a clear reminder that institutions must act in the public interest, not against it," the political party said.