Momentum says Demolish the illegal Swieqi development permit

Momentum welcomes the judgment by the Court of Appeal revoking the permits for the massive Halland project in Swieqi, which sought to replace the former Halland Hotel with a 10-storey residential complex overlooking Ibraġ and Wied Għomor.

The court found that the Planning Authority and the Environmental and Planning Review Tribunal acted arbitrarily by selectively applying one planning policy while disregarding another that was equally applicable. The judgment makes it clear that planning policies cannot be picked and chosen to suit a particular development.

This ruling confirms what residents and civil society have argued from the beginning, that the development breached fundamental planning principles.

The timeline surrounding this project raises serious questions about governance and accountability.

In 2018, Halland Developments Ltd, forming part of the Tumas Group led by Yorgen Fenech, was granted a permit to replace the former hotel with a large residential block. At the time, the Executive Chairman of the Planning Authority was Johann Buttigieg.

In 2019, media reports revealed secret WhatsApp exchanges between Yorgen Fenech and Johann Buttigieg, with the latter taking orders from Fenech and asking to do business with the Tumas Group top man. All this while Buttigieg was still serving as Executive Chairman of the Planning Authority.

These revelations led to a formal complaint being filed with the Commission for the Permanent Commission Against Corruption by Arnold Cassola. The Commission, chaired by Judge Lawrence Quintano, ignored the request and did not proceed with any action against Johan Buttigieg 

Today, the consequence of those decisions is visible to all. The half-built structure stands as a symbol of systemic failure.

In functioning democracies, courts have ordered the demolition of unlawfully approved buildings to reinforce the principle that no developer is above the law. The rule of law requires not only judgments, but enforcement such that illegal developments are not normalised. 

Malta must adopt the same seriousness. When permits are found to be unlawful, consequences must follow. The rule of law cannot stop at paper judgments while illegal structures remain standing.

Momentum calls for the immediate enforcement action in line with the court ruling, ergo, demolition of the illegal structure. There should also be a clear framework for resolving policy conflicts within local plans.

This judgment is not only about one building in Swieqi but a case example for restoring integrity to Malta’s planning system and ensuring that the law applies equally to all.

Momentum General Secretary, Mark Camilleri Gambin concluded: “Momentum remains committed to defending the beauty of our island, calling for the removal of illegal developments and standing with residents to uphold the rule of law”.

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