Cassola demands probe into illegal penthouse approval

Arnold Cassola has called for an urgent investigation into the Planning Authority’s controversial decision to approve two illegal penthouses in Sannat, Gozo. The move defies a recent court ruling that declared these structures unlawful.

The dispute centres on two penthouses developed by Joseph Portelli and his associates. Malta’s highest court, led by Chief Justice Mark Chetcuti, ruled these penthouses illegal earlier last March.

The court’s decision revoked the permit for the Sannat development, including the top floor with the penthouses and a communal pool, necessitating the dismantling or removal of these structures.

Despite this clear and final ruling, the Planning Authority (PA) recently approved an application (PA03869/24) to legalize the penthouses. The application was filed by Tarlochan Singh, an Indian citizen, on behalf of Portelli.

Cassola described the PA’s approval as a “serious threat to the rule of law” and questioned how an application for structures declared illegal by the highest court could be sanctioned.

“The PA’s decision to approve the sanctioning of these illegal structures undermines the integrity of our legal system,” he said. “It appears that a clear judicial ruling has been ignored.”

The PA’s move has been described by insiders as “surreal.” When approached for comments, a PA spokesman refrained from making any statements, citing the application’s publication date and the ongoing 30-day suspension period during which reconsiderations or appeals can be filed. PA sources have indicated that an appeal against this decision is likely.

Prime Minister Robert Abela promised to reform the appeals process in planning decisions in May 2023 in response to growing concerns about the system’s ineffectiveness.

The PA’s approval of Singh’s application suggests that the promised reforms have yet to take effect. Critics argue that the current system still favours developers, undermining efforts to ensure transparency and accountability in planning decisions.

Cassola’s request for an investigation highlights the need for greater scrutiny of the PA’s decision-making processes. He has urged the Environment Commissioner to examine whether the PA followed legal protocols and to uncover any potential undue influence or irregularities that may have affected this decision.

“The preservation of Malta’s natural and built environment is crucial,” he said. “It is essential that all development activities adhere to the existing legal and regulatory framework. The PA’s actions in this case seem to violate these principles, and it is vital that accountability is upheld.”

Experts in planning and development have warned that this decision could set a dangerous precedent by allowing previously illegal structures to be sanctioned, opening the floodgates for similar cases where developers seek to retroactively legalize unlawful constructions.