In another ruling highlighting Malta's anomalous planning framework, the Appeals Court has revoked the permit for a residential complex that has already been constructed.
The 10-storey block replaced the former Halland Hotel in Swieqi. The development, overlooking Wied Għomor at the upper part of Tal-Ibraġġ, has been erected but still requires finishing works.
The permit was revoked on Friday after the court found that the Planning Authority and the Environmental and Planning Review Tribunal had acted "arbitrarily" when granting approval.
The court held that the authorities applied one policy to the site while disregarding another equally applicable policy. Although the two policies were in conflict, the PA and later the tribunal opted to rely on the policy that favoured the applicant's proposal.
According to the judgment, the PA should have first resolved the policy conflict within the local plan before proceeding with the planning application.
The project is fronted by Halland Developments Ltd, part of Tumas Group. A permit to replace the hotel was granted at the end of 2018 (PA 2479/16). A subsequent application to amend that permit (PA 6961/20) was approved in 2022.
A group of residents appealed both permits before the tribunal but lost both cases on 17 July 2025. Appeals were then filed by the Swieqi and San Ġwann local councils, architect Joe Cachia Fearne and the Tal-Ibraġġ Complex Association.
The court noted that the site is subject to two contradictory policy maps: Map SW2, which limits development to detached or semi-detached dwellings with a maximum height of two storeys, and Map SW4, which requires developments to retain the existing building height. The former hotel stood at around 26 metres, exceeding the two-storey restriction.
Both the PA and the tribunal relied on the policy allowing the taller building. However, the court said the choice of policy was made in an arbitrary and selective manner.
"Such an exercise is arbitrary in nature and does not appear to have been carried out in accordance with the requirements of the planning law," the court stated.
It added that where multiple policies apply, authorities cannot simply choose the one that suits the proposal, but must resolve conflicts within the planning framework.
The Appeals Court consequently revoked the main permit for the residential block and annulled the subsequent amendment permit on the same grounds.
Malta's planning legislation allows developers to continue building even when appeals are pending, a system that has resulted in permits being revoked for projects that are already completed.
Meanwhile, Momentum has called for the now-illegal complex to be demolished.
"In functioning democracies, courts have ordered the demolition of unlawfully approved buildings to reinforce the principle that no developer is above the law," the party said.
Momentum urged immediate enforcement action in line with the ruling and called for a clear framework to resolve policy conflicts within local plans.