Issue link: https://maltatoday.uberflip.com/i/1543288
IN yet another decision that ex- poses Malta's anomalous plan- ning laws, the Appeals Court has revoked the permit of a res- idential complex that is already built. The 10-storey residential complex replaced the former Halland Hotel in Swieqi. The building, which towers above Wied Għomor is at the top part of Tal-Ibraġġ, and has already been erected but still requires finishing works. The permit was revoked on Friday after the court ruled that the Planning Authority and En- vironmental and Planning Re- view Tribunal had acted "arbi- trarily". The court found that the au- thorities had applied one policy to the site while disregarding another equally applicable one when granting the permits. The two policies were in conflict but, first the PA and later the EPRT, chose to apply the policy that best suited the applicant's re- quest. The Appeals Court said that the PA should have first re- solved the policy conflict before proceeding with the planning application. The project is fronted by Hal- land Developments Ltd, part of Tumas Group. It was granted a permit to replace the hotel at the end of 2018 (PA 2479/16) and later the company filed an- other application (PA 6961/20) to amend the original permit, which was approved in 2022. A group of residents appealed both permits with the EPRT but lost both cases on 17 July, 2025. Subsequently, the Swieqi and San Ġwann local councils, ar- chitect Joe Cachia Fearne and the Tal-Ibraġġ Complex Asso- ciation filed appeal against the tribunal's decision on both per- mits. The court noted that the site is covered by two contradic- tory policy maps: Map SW2, which restricts development to detached or semi-detached dwellings with a maximum height of two storeys, and Map SW4, which says developments must retain the existing building height. The hotel was around 26 metres high, well above the two-storey limit. Both the PA and the tribunal focused on the policy allowing a higher building to justify the permits. But the decision on which policy to apply was made in an arbitrary fashion, the court said, adding that policies cannot be used selectively and in an ad hoc manner. "Such an exercise is arbitrary in nature and does not appear to have been carried out in ac- cordance with the requirements of the planning law," the court ruled. "This is a case where the au- thority chose between policies that undoubtedly applied equal- ly to the case, with the conse- quence that its decision inev- itably breached some of those applicable policies," the judg- ment added. To comply with the law, the PA should have resolved this conflict within the local plans and not chosen one policy over another, it concluded. The court then proceeded to revoke the main permit to con- struct the residential block and annulled the second permit for the same reasoning. Planning laws allow developers to proceed with their projects even if there is a pending appeal. This has created anomalous sit- uations, where planning permits are revoked on projects that would have already been built. Momentum calls for demolition Meanwhile, Momentum has called for the now illegal Swie- qi residential complex to be de- molished. "In functioning democracies, courts have ordered the dem- olition of unlawfully approved buildings to reinforce the prin- ciple that no developer is above the law. The rule of law re- quires not only judgments, but enforcement such that illegal developments are not normal- ised," the political party said on Saturday. "Malta must adopt the same seriousness. When permits are found to be unlawful, conse- quences must follow. The rule of law cannot stop at paper judg- ments while illegal structures remain standing," the party said. "Momentum calls for the im- mediate enforcement action in line with the court ruling, ergo, demolition of the illegal structure. There should also be a clear framework for resolv- ing policy conflicts within local plans." 5 maltatoday | SUNDAY • 15 FEBRUARY 2026 NEWS VACANCY A full-time Housekeeper is required to carry out general household duties. The ideal candidate must have previous experience in a similar role and be reliable and responsible. To apply, please send your CV to the employer, Mr. Pierre Mifsud, at mifsud.p.26@hotmail.com Court revokes planning permit but massive Swieqi residential complex is already built The Appeals Court has revoked the planning permits for a 10-storey residential complex in Swieqi on the site of the former Halland Hotel • Momentum calls for now illegal building to be demolished KURT SANSONE ksansone@mediatoday.com.mt The 10-storey residential complex has already been erected, albeit the works have not finished. The is a render showing how the completed complex should look