Front Żgħażagħ għall-Ambjent has filed a judicial protest against the Planning Authority, accusing it of defying a final Court of Appeal judgment and sanctioning illegal penthouses that Malta’s highest court had already struck down.

The protest, filed by lawyers Andrew Drago and Bernard Galea as part of and on behalf of the youth environmental group, calls out what it describes as a despotic act by the Authority in disregarding the judiciary’s authority. It warns that such conduct undermines the rule of law and erodes public trust in institutions meant to protect both citizens and the environment.

The case concerns two permits, PA2035/21 and PA5048/20, which had allowed the construction of penthouses forming part of a larger development. On 13 March 2024, the Court of Appeal ruled that those permits were illegal in so far as they concerned the penthouses, revoking them outright. Despite the ruling, the penthouses were nonetheless built and sold to third parties before the judgment was delivered.

On 1 August 2024, contractor representative Elidon Koci, acting on behalf of developer Joseph Portelli, filed a new application, PA5625/24, seeking to sanction the same penthouses that had already been declared illegal. The Planning Authority, which had itself been a party to the original litigation, went on to approve the sanctioning, effectively ignoring the Court of Appeal’s decision.

In their protest, Front Żgħażagħ għall-Ambjent questions how the Authority could lawfully endorse a development that Malta’s highest court had explicitly annulled. The group insists that the Authority is bound by the court’s ruling and cannot issue permits or sanctions in defiance of judicial orders.

The protest stresses the core constitutional principle that all public authorities are subject to judicial scrutiny and must abide by court decisions. It denounces the Authority’s behaviour as a blatant breach of this duty, describing it as dangerous to the rule of law, and accuses it of causing environmental harm while trampling on citizens’ rights.

Citing previous judgments, including the civil court ruling ordering the demolition of the illegal Sea Malta Building in Marsa, the protest reiterates that the Planning Authority has no power to invent new legal interpretations or bypass court orders. It recalls the courts’ clear position that administrative bodies must act within their legal competence and obey final judgments.

The protest warns that the Authority’s failure to uphold this obligation makes it personally accountable for the damages already caused and for any future losses.

Front Żgħażagħ għall-Ambjent’s filing argues that ignoring court orders not only weakens judicial authority but effectively nullifies the purpose of having an independent judiciary. It declares that no public administration can stand above the courts or interpret the law to its convenience.

Front Żgħażagħ għall-Ambjent calls on the Planning Authority to immediately desist from what it describes as illegal, abusive behaviour, and to restore respect for the rule of law. The protest reserves the right to pursue further legal action should the Authority persist in its stance.

The judicial protest was formally served against the Planning Authority at its Marsa offices, with notice sent to relevant officials and legal representatives.