'Secret' permit to uproot over 700 Comino trees revoked

Updated 2pm with HV Hospitality statement

A permit granted to uproot hundreds of protected trees in Comino has been revoked following an appeal by Moviment Graffitti. 

The Environment and Resources Authority (ERA) must reassess the application correctly and in line with proper procedure, an appeals tribunal ruled earlier this month. 

ERA, the state environmental regulator, had initially approved the permit in secrecy with no opportunity for public participation, Graffitti said.

Graffitti discovered the approved permit, appealed it before the Environment Planning Review Tribunal (EPRT) and won, forcing it to be sent back to the ERA.   

The plan to uproot the trees forms part of a broader project by HV Hospitality, an offshoot of Hili Ventures, to redevelop a hotel and bungalows on Comino into a luxury tourism venture operated by Six Senses. 

HV Hospitality will be demolishing abandoned buildings and replacing them with a new 140-bed hotel at San Niklaw Bay and 16 bungalows at Santa Marija Bay, along with restaurants, bars, and a spa.

The developer has previously highlighted plans to add 55,000 endemic trees and plants to the area. 

Despite that promise, the plans have proven controversial, with over 10,000 objections filed against them. The project was approved following an appeal last November, but Graffitti is now challenging that decision in court. 

ERA's 'secret' approval

On February 20, the environmental regulator approved a permit (EP 01472/22) filed by HV Hospitality concerning "Interventions on more than 10 protected trees." 

Graffitti noticed that permit and filed an appeal through lawyer Claire Bonello. 

In their appeal, the NGO noted that a total of 723 trees (99 protected and 624 non-protected) would be uprooted through that permit.

ERA failed to publish the application properly and did not notify the public of the relevant meeting and information, Graffitti argued, in breach of environmental permit rules and the Aarhus Convention.

The appellant also said ERA’s assessment to remove the protected trees was unreasonable, incomplete, and unclear.

Following Graffitti's appeal, HV Hospitality asked for the permit to be sent back to the ERA to be assessed "through the proper procedure." 

The EPRT accepted that request, revoked the permit and ordered that proceedings be sent back to the ERA to be assessed afresh.

HV Hospitality was represented by lawyer Ian Stafrace, a former CEO of the Planning Authority's predecessor, MEPA.

HV Hospitality: We had nothing to do with ERA processing

A spokesperson for the company said it had no control over the permit processing stage, which it acknowledged had been impacted by an "irregularity". 

The spokesperson confirmed that the company had formally requested sending the application back to the ERA "for re‑processing in accordance with the law, including the appropriate public consultation, as part of the regulatory procedure." 

"The project includes the transplantation of existing plants and the removal of invasive species alongside the propagation and replanting of thousands of trees and shrubs, resulting in a significant increase in vegetation across the site, with more than 55,000 trees and plants overall," the company said, adding that it remains "committed to working with the authorities constructively to ensure the project is delivered in line with environmental standards."

Graffitti: Freeze permits while court appeal ongoing

In a statement, Moviment Graffitti said ERA should not grant any permits related to the Comino project until a court of appeal definitively rules on the legality of the project's planning application. 

"Until this case is decided in Court, we insist that ERA should not grant any permits for the uprooting of trees in Comino. This is because such tree removal is intrinsically linked to a development permit that is not yet final, and therefore could still be revoked," the NGO said.