The Planning Authority is in a new fix on what to do with three developments in Gozo it permitted and which the Court of Appeal has now ruled are illegal.
The decision to revoke the permits cannot be appealed and the illegal developments must be removed. Yet the blocks of flats in Qala and Sannat have already been entirely built and sold.
The situation may lead to legal cases being filed by the apartment owners against the Planning Authority and the developers —Joseph Portelli, Mark Agius, known as Ta’ Dirjanu, and Daniel Refalo.
In three separate decisions delivered by Chief Justice Mark Chetcuti, following appeals by Din l-Art Helwa and Moviment Graffitti, the court said that parts of the developments, involving large ODZ pools and extra floors, were completely illegal and permitted by the Planning Authority in breach of its policies and laws.
The Chief Justice declared the permits illegal and “absurd”.
The first case concerns a large development in Qala, better known as Hal-Wardija. The court declared that an ODZ area of 10,000 square metres, which had been turned into two large pools and gardens, was illegal.
The court said the Planning Commission, headed by Martin Camilleri, should never have approved this permit since local plans state no pools can be built in the area.
Since it was declared illegal, the development will eventually have to be removed.
Those who bought the apartments in Qala invested in the properties on the premise—now false—that they would be able to spend time at the communal pools and gardens that complement their apartments. The court’s decisions will necessarily impact their investments.
Two other cases involve two blocks of apartments out of the four already built. The court ruled that an extra floor built consisting of penthouses was also illegal. Those penthouses fetched the highest selling price of both blocks.
The court ruled that the Planning Authority and the Environmental and Planning Review Tribunal (EPRT), headed by architect David Mifsud Parker, again ‘misinterpreted’ the rules to issue the necessary permits for Portelli and his associates.
In both cases, the court declared that the two blocks had an illegal extra top floor, and the pools built to complement the developments were also illegal. They, too, will need to be removed.
Story repeats itself
This is not the first time the Planning Authority has been found guilty of issuing permits found to be illegal by the courts after the development had been completed and sold.
The latest case was only a few months ago when a development in Xewkija by Francesco Grima, known as il-Gigu and a close associate of Gozo Minister Clint Camilleri, was declared illegal by the court.
Grima’s block also included a top floor that the Planning Authority permitted but that the court later ruled illegal.
Another example involves a pool Minister Ian Borg built in Santa Katerina, a hamlet near Rabat. The court also ruled the permit illegal. So far, the PA has not ordered any direct action to remove the minister’s illegal development.
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In all probability, there will be no enforcement which will make the court’s decision completely ineffectual and a waste of time and money. The developers were prepared for this and do not care. Oh what a justice system we have in Malta! The underlying message is, do what you like because the whole country has sunk into anarchy.
Portelli does, what Portelli pleases, and despite his wanton disregard to the law or environment he is granted government contracts which further destroy our environment. A case in point is Marsalforn road which shall be widened to simply accommodate future development. In a twist out of Robin Hood the government with Portelli’s aid shall steal from the poor to give to the rich. And yet the majority the people’s representatives remain silently complicit.
The uppermost question now is: What next for the P.A?
The only reasonable answer expected is: Resign or, by all means, be thrown out!
Authorities should not provide electricity and water services to these illegal developments
Action needs to be taken especially now that 2 elections are coming ,and if no actions are taken then no vote. No one should be allowed to break the law especially those elected by us.
And now what? Jahasra x-poplu gwejjef ghandna.
A country of Gods and Plebs
These judgements undermine confidence in the property sector as an investment. The market value of the apartments declared illegal will find it difficult, if not impossible, to sell their properties. Future investors should beware.
Huge thanks to Din l’Art Helwa, Moviment Graffitti, their lawyers and the judges in the Court of Appeal.
Bil- fors kien jaf Portelli,li jibni,u mbghad naraw.Issa li gie iddikjarat illegali x’ ser isir? U min xtara ,x’ ser tkun il- pozizjoni tieghu? Sejjer jobbing Porte ol- qorti u jnehhi? U ma tarax! La l- kbar jaghmlu li jridu,ghaliex iz- zghir le?
Actually a country of gods and animals – according to a labour ‘sage’.
What happened to the xewkija case? Anything will change. Development is still going on
So now what? Demolish? When it comes to humans, seeing is believing.
Nothing will happen..he will be handed a silly fine, and life goes on business as usual..
We have a clear case of the pool and parking at the Marriott Hotel, St. Julians where Caqnu Polidano just bulldozed over the court judgment to stop works, carried on, finished, and was fined the price of a 1 car garage and everything sanctioned.
A proper Mafia state
It seems Portelli is very close to Caqnu Polidano..they are always involved in the same projects …probably intimate contacts have been passed on
Get jp to sort out the mess by abiding to the sentence imposed.
What’s new? And what is being done. Absolutely nothing. Complaints biss
And criminals
This goes to prove that the “planning” authority, eprt [small caps intended] are institutions corrupt to the core.
ALL THOSE INVOLVED IN BOARDS AND COMMISSIONS TAKING THESE CROOKED DECISIONS SHOULD BE HELD PERSONALLY LIABLE FOR DAMAGES, [FINANCIAL AND OTHERWISE]; CHARGED FOR PROFESSIONAL MISCONDUCT; AND MADE TO RESIGN THEIR POSITIONS.
Resign? Shouldn’t they also be prosecuted?
Declared illegal by the courts as it did for the swimming pool by Dr Ian Borg. TWICE. In the meantime it is still there and being used. And his leader the Prime Minister does nothing about it rendering himself an accomplice. But what do they care about the rule of law when it affects them!