Issue link: https://maltatoday.uberflip.com/i/1544268
12 maltatoday | WEDNESDAY • 8 APRIL 2026 NEWS JAMES DEBONO jdebono@mediatoday.com.mt PA approves change to footpath at centre of revoked Sannat ODZ pool permit THE Planning Authority's Ex- ecutive Council has approved a zoning application to reclassify part of a public footpath in San- nat as "private open space". This decision could pave the way for sanctioning a pool whose permit was revoked in a 2024 court rul- ing, which found that the foot- path separated it from the adja- cent apartment block. Although documents presented by the developer show that the pathway is privately owned, it has always been used by the public, giving rise to servitude rights, which are being upheld in the ap- proved application. The approval is limited to the change in desig- nation from a pedestrian pas- sageway to private open space. The case involves developer Mark Agius, owner of the Ta' Dirjanu supermarket and a lead- ing property developer in Gozo. In a landmark decision in 2024, Chief Justice Mark Chetcuti found that a 215-square-metre pool area approved in 2021 was not legally within the curtilage of the development it served, as it was separated from the apart- ment block by the public foot- path. The ruling also nullified a permit for a penthouse on the adjacent development. Agius subsequently submitted a planning control application proposing to reclassify part of the footpath linking Triq it-Tempju ta' l-Imramma and Triq ta' Bebu- naq as private open space. Legal documents confirm that the sec- tion of the footpath is co-owned by Agius and other parties, though it remains subject to a servitude allowing access to land to the south. The Directorate's recommendation to approve the application is conditional, em- phasising that any third-party rights of way must be safeguard- ed. Nine representations were re- ceived, including three strong objections. Opponents noted that the footpath appears in 1968 survey maps and forms part of a network of rural passageways leading to the cliffs. This claim was disputed by the case officer, who insisted that the passage is interrupted by farms in the area before it reaches the cliff. None of the objectors attended the meeting held on Monday. Other objectors warned that approving the footpath conver- sion could be used to retroactive- ly justify the previously revoked ODZ pool permit. The case officer's report stressed that the proposal involves only a change in designation, with no al- terations to the alignment, vehic- ular traffic, or visual character of the area. Moreover, the approval is conditional on respect for legal access rights and existing servi- tudes. Approval of the application could potentially remove the le- gal obstacle that led to the revo- cation of the ODZ pool permit, making it a pivotal step in the ongoing dispute over the Sannat development. The site earmarked in red