By Karl Azzopardi

Copyright maltatoday

The Planning Commission has approved permits sanctioning illegally built penthouses in Sannat linked to developer Joseph Portelli.

The approval comes despite a Court of Appeal judgment striking down the development in 2024.

While the Planning Authority initially approved all four applications—including permission for swimming pools on ODZ land, objectors successfully challenged these decisions in court.

Chief Justice Mark Chetcuti ultimately ruled that both the swimming pools and a penthouse floor were illegal, revoking their permits.

The tribunal observed that the uppermost storeys failed to comply with setback regulations and that the planning policy was incorrectly applied to permit the construction of two swimming pools in an out-of-development zone. The permits were rescinded, but by that point, the blocks had already been completed.

Because Maltese law does not prohibit developers from continuing construction while permits are under appeal, the projects were structurally finished before the court’s ruling. Two new applications were later submitted by third-country nationals linked to Portelli.

One application, PA 5625/24, sought to sanction six penthouses in Triq it-Tempju tal-Imramma, while the other, PA/5626/25, requested sanctioning for four additional penthouses in the adjacent block

The case officer’s report recommended approval, noting that the buildings’ overall height had already been accepted in a planning permission for a nearby site connected to Portelli and his business partner, Mark Agius, known as Ta’ Dirjanu.

On Tuesday, the Planning Commission board, chaired by Elizabeth Ellul, unanimously voted in favour of the two applications.