Up to three NGOs have field an appeal with the Planning Authority opposing its decision to regularise the illegally built padel courts on Manoel Island.
Flimkien għal Ambjent Aħjar, Moviment Graffitti and Żminijietna filed a 33-page appeal through lawyer Darren Carabott, asking the Tribunal to annul the Planning Authority’s decision and refuse the development application altogether.
The Planning Authority sanctioned 20 padel courts that had already been built illegally on the approximately 6,700-square-metre site in Manoel Island. The application was submitted by Sharlon Pace on behalf of Gżira United FC. The illegal development was eventually sanctioned against a €25,000 planning-gain payment.
The NGOs are arguing that the Planning Authority effectively legitimised a “build first, approve later” approach by incorrectly applying its sanctioning rules. The NGOs said that allowing a developer to construct a project illegally and subsequently obtain retrospective approval encourages other developers to disregard the planning process.
They are also challenging the Planning Authority’s description of the structures as “lightweight” and “demountable”. The padel complex includes foundations, artificial turf, large glass and metal structures, fencing and floodlighting, and took weeks to construct. The NGOs argue that such a development cannot reasonably be treated as a temporary structure that can simply be dismantled.
The appeal also raises serious heritage concerns. The site lies within an Area of High Landscape Value and important strategic view corridors overlooking the Grade 1-scheduled Fort Manoel. The NGOs argue that the fencing and floodlights obstruct views of the fortifications and that their visual impact was never properly assessed.
They are also questioning why no Heritage Impact Assessment was carried out despite the site’s proximity to Fort Manoel and its location within the proposed buffer zone of Valletta’s UNESCO World Heritage Site.
The NGOs said they are not opposing sporting facilities on Manoel Island and support the use of the island as a public recreation and heritage park. What they oppose is the transformation of public land into a private commercial operation immediately after the government spent €43 million to recover Manoel Island from MIDI and promised to turn it into a national park.
The NGOs have said they are prepared to pursue the case all the way to court if necessary and are appealing to the public to help finance the legal challenge.
Newsroom
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