State heritage agencies challenged a Planning Authority permit for an eight-storey block near Villa Frere in Pietà. The Court of Appeal found the tribunal had overstepped its powers and revoked the permit entirely.
Court of Appeal (Inferior Jurisdiction) · Court of Appeal of Malta · 14 November 2025
Ciantar Properties Limited obtained Planning Authority permit PA/06740/23 to demolish an existing two-storey building in Pietà and replace it with an eight-storey residential block. The site overlooks Triq ix-Xatt and sits near Villa Frere — an 18th century scheduled property. The permit was challenged in an unprecedented step: Heritage Malta, the Superintendence for Cultural Heritage, Friends of Villa Frere and Din l-Art Ħelwa all appealed to the Environment and Planning Review Tribunal (EPRT). In May 2025 the EPRT partially upheld the appeal. Rather than revoking the permit, the tribunal ordered Ciantar to submit revised plans reducing the building by two floors — from eight to six storeys — within 30 days. All parties appealed the EPRT's decision to the Court of Appeal. On 14 November 2025 the Court of Appeal set aside the EPRT's order and revoked the permit entirely. The court found the tribunal had exceeded its legal authority. When a planning tribunal decides that a permit is unacceptable, it has two proper options: revoke the permit, or order modifications with adequate opportunity for all parties to comment. What the tribunal cannot do is impose specific design changes as part of its final judgment without allowing stakeholders to comment on the revisions. That procedure was ultra vires — beyond the tribunal's powers.
EPRT's conditional redesign order set aside. Planning permit PA/06740/23 revoked entirely by the Court of Appeal. Eight-storey development cannot proceed.
Environment and Development Planning Act Ch. 552; Cultural Heritage Act Ch. 445; Environment and Planning Review Tribunal rules of procedure