The Planning Authority served two permits to expand a sprawling block of multi-storey flats in Qala being built by property supremo Joseph Portelli one day after Times of Malta published an investigation into declarations of ownership made by the applicants.

False declaration of ownership is a criminal offence punishable by up to two years imprisonment, and possibly also an offence under planning law. This could lead to a request for the revocation of the permit.

The report was published on Monday week. In the two applications approved on Tuesday last week, which were fronted by Mr Portelli’s daughter and his business partner, the applicants declared they are “sole owner of the entire site indicated on the site plan”.

Times of Malta had revealed that the land is in fact held under emphyteusis by a company called Carravan Company Limited, which is in turn owned by Gozitan lawyer Carmelo Galea, Dei Conti Holdings Limited (constituted of six members of the Stagno Navarra family) and Carrac Limited.

The latter’s shareholders are retired magistrate Dennis Montebello and his two daughters, including serving magistrate Rachel Montebello.

Both applications – part of a larger development that is among the largest Gozo has ever seen – were for sanctioning of excavation for underground garages and supplanting the ground floor garages that had been approved with flats.

It is not know what agreement exists between the lease-holders and the developer.

Dates moved forward

The applications were originally on the agenda of Planning Commission on January 28 but were “rescheduled” to January 14.

On the morning when Times of Malta published the story, January 13, questions were sent to the Planning Authority referring to the article and the declarations of ownership, and asking what ‘action’ the authority would take on the two outstanding applications that were “awaiting decision”.

Late the next day, after the permits had already been granted. A spokesperson for the authority replied to the questions by stating that “to date the authority has received no representations which in any way affirm the assertions put forth in your questions”.

All applications were put in by people connected to Joseph Portelli

Times of Malta is now publishing the certificate of ownership held at the Land Registry.

The title deed.

What the plans entail

In granting the permits, the Planning Commission has permitted the expansion of the overall project by another 14 flats, bringing the total number of flats to 179 as well as a house. The whole development sprawls over an area larger than three football grounds.

The blocks of flats are designed along two roads – including a designed new road which is hemmed on either side by two of the blocks – and backed by facilities spread over more than 10,000 square metres.

Among the facilities are swimming pools, a faux windmill, lawned grounds for picnic and barbecues, children’s play areas and a cluster of fields. No application for these facilities can be found on the Planning Authority’s servers.

Pieces of the jigsaw

Six separate applications for blocks of flats that fit together like a jigsaw have already been filed in stages over the past two years.

In the latest two applications granted permits last Tuesday, two of the blocks have been united by continuous underground car parking garages that run under the two blocks and have one entrance and one exit to the road.

All applications were put in by people connected to Joseph Portelli. These are his secretary and daughter, Chloe Portelli; his business partners Mark Agius and Daniel Refalo; and Eric Saliba, an administrator at J Portelli Projects.

Mr Portelli did not immediately reply to questions sent last Friday week asking why separate applications were made in stages under private individuals instead of one application for the entire project. Instead, the developer has now sent a ‘right of reply’ in response to last Monday’s article.

Extrapolations by Times of Malta suggest that the gross floor area of the entire development hovers around, if not over, the 30,000-square-metre threshold that could trigger an Environment Impact Assessment screening procedure.

Tara Cassar, an advisory architect for NGO Din L-Art Ħelwa, was asked about this point. She said: “It is likely that had the full extent of the development proposed been submitted through one application, ERA [Environment and Resources Authority] would have looked into the matter to confirm whether or not it qualified for EIA screening.

“Of course since the development was put forward through a number of separate applications, an assessment from ERA’s part would have been circumvented.”