Issue link: https://maltatoday.uberflip.com/i/1545509
12 maltatoday | WEDNESDAY • 24 JUNE 2026 NEWS PA recommends sanctioning Sannat pool despite prior court revocation THE Planning Authority's case officer has recommended the sanctioning of an ODZ 180 sq.m swimming pool and decking ar- ea in Sannat whose permit was revoked in a landmark Court of Appeal judgment in 2024. The recommendation con- cerns application PA/00268/25 and follows a separate Planning Authority decision earlier this year to redesignate part of a pe- destrian footpath separating the pool from the apartment block it serves as "private open space", a move that effectively removed the legal obstacle identified by the court. The application, submitted by developer Mark Agius, seeks to sanction the pool as built in connection with a 22-apartment development approved in 2021. In a landmark ruling delivered in March 2024 in a case brought by Din l-Art Ħelwa, Chief Jus- tice Mark Chetcuti had revoked the permit for the pool, finding that it was not located within the curtilage of the residential devel- opment because it was separat- ed from it by a public footpath. The court had also annulled a permit for penthouses added to the same development. But in April this year, the Planning Authority's Executive Council approved a planning control application redesignat- ing the disputed section of the footpath as private open space while retaining existing servi- tude rights. The decision was widely seen as paving the way for a fresh application to regu- larise the pool. In the latest recommendation, the case officer concludes that the pool now satisfies Policy 6.4 of the Rural Policy and Design Guidance, which allows pools in ODZ areas when they are locat- ed within the curtilage of a legal- ly established accommodation. The report notes that the pool is ancillary to the apartment block approved under permit PA5048/20 and is linked to the development through a desig- nated private open space. It ar- gues that the site is enclosed by a physical boundary wall and should therefore be considered part of the curtilage of the resi- dential development. The report also concludes that the pool and surrounding deck, which cover 180 square metres, comply with policy limits be- cause the development compris- es 22 dwellings. Under policy rules, developments with mul- tiple units are entitled to an ad- ditional 5 square metres of pool area per dwelling on top of the standard 75 square metre allow- ance. The recommendation comes despite objections from res- idents and environmental groups, including Flimkien għal Ambjent Aħjar. Objectors argued that the Court of Appeal had already declared the pool illegal and that the redesignation of the footpath undermined the spir- it of that ruling. They insisted that the pool remains physical- ly separated from the residen- tial development and therefore fails the policy requirement that pools be located within the cur- tilage of the accommodation they serve. Flimkien għal Ambjent Aħjar also objected on the grounds that the site lies partly with- in ODZ land, close to Natura 2000 sites and near scheduled cart ruts. The NGO argued that sanctioning the pool would con- stitute an unacceptable urban intrusion into a sensitive rural landscape and would run coun- ter to strategic planning objec- tives aimed at limiting land take- up in the countryside. The Environment and Re- sources Authority also main- tained its opposition, stating that the pool and deck area were not acceptable from an environ- mental perspective because they introduced urban-type uses in an ODZ area and resulted in the uptake of undeveloped land. The Superintendence of Cul- tural Heritage recalled concerns it had raised in previous applica- tions regarding the cumulative impact of development on the area's rural landscape and scenic views towards the cliffs. Howev- er, it noted that the decision on whether to sanction the works falls within the Planning Au- thority's remit. The application will now be decided by the Planning Board on 30 June 2026. If approved, the sanctioning permit would reg- ularise a development that be- came one of Malta's most closely watched planning cases after the Court of Appeal overturned the original permit and found that the pool was not legally linked to the apartment block it served. JAMES DEBONO jdebono@mediatoday.com.mt Planning Board set to decide application on 30 June after case officer concludes ODZ pool now forms part of the apartment block's curtilage. ERA still objecting to the sanctioning