Moviment Graffitti is today releasing a video that starkly illustrates the consequences of Malta's flawed planning appeals law.
Since 2023, Prime Minister Robert Abela has repeatedly pledged to reform this law. However, two years later, the legal framework remains unchanged.
In Sannat, just a stone's throw from Ta' Ċenċ, Joseph Portelli and his associates have constructed hundreds of apartments, leaving behind a trail of environmental destruction. This project was permitted to proceed despite being subject to an appeal, the movement said.
Under the current defective legislation, construction work is allowed to commence even while an appeal is underway. Consequently, by the time a ruling is issued declaring the development illegal, the project is already completed.
In Sannat, the Planning Authority (PA) disregarded blatant breaches of planning regulations, especially the construction of pools in Outside Development Zones (ODZ) and penthouses. The Planning Tribunal (EPRT) similarly failed to recognise these violations and upheld the PA's decisions.
However, the Court of Appeal ruled that the ODZ pools and the penthouse were clearly illegal and in breach of established planning policies, thus revoking their permits.
By the time the ruling was delivered, the project had already been completed.
In July 2024, Portelli and his associates submitted an application to sanction the penthouses that had just been declared illegal by Malta's highest court. In a surreal turn of events, the PA proceeded to approve their sanctioning and reissued the same permit that had been revoked just months earlier.
Portelli and his associates continue to submit applications to sanction various structures, including ODZ pools in Sannat, whose permits have been officially revoked by the courts. This is an extremely dangerous situation that erodes the foundations of democracy in our country and threatens the people's ability to participate in the planning process and challenge decisions made by the authorities.
As the video shows, the flawed appeals law has not only wreaked havoc in Sannat but also in Mistra, Qala, Mellieħa, Xewkija, and many other locations.
It is deeply concerning that the Prime Minister has yet to implement this fundamental and necessary reform while simultaneously pushing through problematic legislative reforms at breakneck speed.
Moviment Graffitti strongly insists on the urgent revision of the planning appeals legislation. This reform should safeguard the people's right to appeal PA decisions; give them the necessary time to present their appeals effectively; and ensure that no works are carried out on the basis of the contested permit.
We remain resolute in our commitment to resisting what has effectively become a developers' coup against Malta's planning and judicial frameworks, Graffitti said.