Government and Joseph Portelli making a mockery of justice, Graffitti says
Malta’s planning system continues to sink to new lows of indecency as developer Joseph Portelli has now applied to sanction his illegal ODZ pools in Qala (PA/5223/24), NGO Graffitti said Wednesday.These pools, sprawling over 700 square meters o
Malta’s planning system continues to sink to new lows of indecency as developer Joseph Portelli has now applied to sanction his illegal ODZ pools in Qala (PA/5223/24), NGO Graffitti said Wednesday.
These pools, sprawling over 700 square meters of agricultural ODZ land, were constructed as part of Portelli’s massive Ta’ Kassja development engulfing the village of Qala. In 2021, Moviment Graffitti reported illegal works in Qala’s ODZ to the Planning Authority. However, while the works continued with impunity, Joseph Portelli managed to apply for and obtain sanctioning for the illegally built pools.
Following a court appeal by Moviment Graffitti and the Qala Local Council, the courts revoked the permit in March this year, declaring the pools illegal. The Court’s judgement was definitive and unequivocal: “...the development of swimming pools on that site is not compatible with the uses allowed for that specific zone, which is agricultural in nature…” Given that illegal structures can only be sanctioned if they conform to current planning policies, Portelli’s second application to sanction these pools, after such a categorical Court ruling, is a blatant mockery of our justice system.
This affront to justice is facilitated by the Government and its authorities, who have consistently bent over backwards to satisfy the greed of developers, the NGO said. Last June, Moviment Graffitti conducted a direct action at the site of the two illegal pools, highlighting how the Government had systematically failed to curb Portelli’s bullying tactics and had failed to reform the deeply flawed planning appeals system. Current law permits developers to commence and complete projects even while an appeal is pending before the Planning Tribunal (EPRT) or the courts. As we see in Qala, this results in projects being fully built even after the courts revoke their irregular permits.
As we stated during our direct action, and reiterate now, this planning system is intentionally rigged in favor of developers. The Government is effectively enforcing impunity for developers by allowing them to construct structures that are illegal or potentially illegal, and then failing to take meaningful action against these violations. In the case of Qala, the Planning Authority has not even restricted access to the pools, which remain fully operational despite their clear illegality.
In May last year, and again a few weeks ago, Prime Minister Robert Abela promised a reform of the appeals law. Yet, to date, there is no sign of such a reform, while developers continue to act with impunity to the extent of flagrantly disregarding a Court ruling.
"We reiterate our demand that Joseph Portelli’s illegal pools in Qala be immediately demolished and that the unjust appeals law be reformed without further delay," the NGO said.
Moviment Graffitti said it is prepared to take further direct action if the people's call for basic decency in planning continues to fall on deaf ears.
Related
Share this page
Guest Posts by Easy Branches
