Anger as PA sanctions 20 illegal padel courts on Manoel Island, approves 10 more

Updated 6.46pm

The Planning Authority has sanctioned 20 padel courts illegally built on Manoel Island, granting permission for another 10 to be built while imposing a €25,000 for the illegal works.

The application, PA/07995/25, was filed by Sharlon Pace on behalf of the Gżira football club last November. It called for the “reinstatement of sports ground having variable sports uses with demountable glass structures” at the Nicholl Ground, the former site of a football pitch. The application covers an area of around 6,700 square metres.  

However, works on the padel court began long before the permit had been granted, with Momentum first flagging the illegal works being carried out in March.

This led to widespread calls, including from the Manoel Island: Post Għalina campaign, which includes 50 local NGOs, for works to be halted, with objectors filing a complaint with the Planning Authority’s enforcement unit.

The PA eventually halted the works, following a visit by enforcement officers.

By that point, works appeared to be near completion, with drone footage released by Moviment Graffitti showing several courts at an advanced stage of development.

The PA’s case officer nevertheless recommended the permit for approval against a €900 fine to sanction the illegal works, saying the site historically accommodated Nicholl Football Ground.

Several entities throughout the screening, including ERA and the superintendence of cultural heritage, did not object to the development.

Thursday’s PA hearing was initially set to take place during election week, but was deferred at the eleventh hour because the architect of the application could not attend the hearing.

Previous plans to relocate the grounds fell apart

In Thursday’s hearing, architect Ruben Sciortino said a 2021 plan, forming part of the Manoel Island master plan, for the Gżira football club’s site to be relocated to the north shore of the island fell apart after the government announced its plan to reclaim the island from MIDI.

This prompted Gżira football club to rethink its plans and apply to repair the ground, with the site now to be used as a “multi-purpose” sports site which can be used as either padel courts or a football ground

Officials from the PA’s planning directorate said the site would be retaining its previous use as a sport and recreational area, with the development not leading to any significant visual impacts on the site. The structures being proposed are also reversible, the directorate said.

Meanwhile, the €900 fine for illegal works was based on a standard formula as regulated by existing rules, they argued.

‘Where is the heritage impact assessment?’ objectors ask

Michael Sciortino, on behalf of Flimkien Għal Ambjent Aħjar, questioned whether the application should be considered valid since, at the time of the site was owned by MIDI, not the applicant.

He also called for the recusal of the PA’s board’s government-appointed members, arguing they had a conflict of interest in the case given that the land has now been taken over by the government.

He also called the suggestion that the structures would be reversible to make way for a football ground “a mockery,” arguing that they will be permanently used as padel courts.

Since the site was within Valletta’s UNESCO buffer zone, the application should also be subject to a heritage impact assessment, he said.

Meanwhile, Astrid Vella, FAA coordinator, said UNESCO was concerned by the development, adding that the floodlights installed as part of the project will eclipse the Valletta skyline.

The development was raised as a concern in a visit by UNESCO officials just a few weeks ago, she said.

Moviment Graffitti representatives pointed out that in previous applications on the site, Gżira football club had admitted that it was not the land’s owner. This would make the current application invalid, they argued.

Manoel Island: Post Għalina activists said the land should not be used for commercial purposes after the public had just paid €43 million for it to be reclaimed. Granting a planning permit would prejudice future plans for the site, they said.

Responding to the concerns, the applicant said that while the Gżira football club was not the owner at the time of the application, it had declared that it had an agreement with MIDI, which was listed as the owner at the time, to go ahead with the application.

The declaration was correct, they argued, pushing back against objector’s arguments that the application was invalid.

However, they admitted that a heritage impact assessment was not in place, arguing instead that the superintendence of cultural heritage had not objected to the plans.

‘Ridiculous’ €900 fine

Throughout the discussion, the PA board’s chair described the proposed €900 fine as “ridiculous,” pointing out that the government had moved to significantly increase fines in controversial planning reform proposed last year.

“Whether we like it or not, the law allows for sanctioning of illegal development,” he said.

The board imposed a planning gain fine of €25,000, however, it turned down calls for the permit to restrict the football club’s future claims on the site, once a new master plan for Manoel Island is drawn up.

The application was approved with 11 votes in favour and one against.

'Perverse' implications

In a statement following the hearing, Moviment Graffitti said the decision has “perverse implications”.

“Did the PA just 'sell' 6,700sqm of Manoel Island for €25,000?” the activists remarked.

They pointed out that despite the PA’s attempt to “brand” the padel complex as “something of a temporary nature”, a planning permit is a “permanent commitment of the land”.

The group said that approving the permit without the clause of no permanence is a “perverse decision with implications on the long-term future of Manoel Island as a public park”.

“The Board and the applicant’s lawyer himself acknowledged the risk that this permit undermines the Government’s own plans for the island by establishing legal commitment to the padel courts through the PA.”

However, Moviment Graffitti added that instead of addressing this concern, the PA “focused on increasing the planning gain – the fine – from €900 to €25,000.”

The group noted that the fine “could easily” be recouped by the padel courts’ operator “in the first week of operation”.

Condemnation

Momentum condemned the decision saying it “flies in the face of the government’s repeated promises” to transform the island into a public park and undermines public confidence in the PA.

“Once again, the Maltese public is ending up on the losing side of a government deal,” the party said in a statement.

Momentum leader Arnold Cassola said “we are witnessing yet another appropriation of public land for private commercial operations” as he pointed out the sports facilities are not freely accessible.

He also called the €25,000 planning gain contribution as “insignificant” compared to the commercial value of the operation and the strategic importance of the site.

"The Planning Authority's decision once again sends the wrong message by rewarding illegal development. The 'build first, sanction later' culture continues to undermine public confidence in Malta's planning system and creates the impression that planning rules are optional for those with the right connections."

He called on the government to publish all agreements relating to the site and clarify under what legal arrangements this commercial activity is being permitted on public land.

‘Dangerous message’

Rule of Law NGO Repubblika slammed the decision saying it sent a “dangerous message” that the law can be broken and a breach can “simply be regularised” by paying a fine.

In a statement on Thursday evening, Repubblika said fines are meant to deter illegal conduct, not to become part of the ordinary cost of a commercial project.

Repubblika called on the government and the authorities to “stop allowing illegality to become a fait accompli and to ensure that the enforcement of the law is credible, consistent, and equal for everyone”.