Expired Kalkara valley development permit resurrected

A controversial development permit for a large residential project in Kalkara valley has been revived through a legal notice.

This effectively removes the need for a pending renewal application that had still not been determined.

In a reply to questions, the Planning Authority confirmed that permit PA/7034/17 remains valid after its validity was extended through the Extension of the Validity of Development Permits (Amendment) Regulations, 2025 (SL 552.33). The legal notice effectively extended the validity of thousands of permits which expired in 2023.

“As this permission remains valid until 31 December 2026, the developer is entitled to utilise it to commence works on site,” the authority said.

However, the authority clarified that works cannot yet start because the developer has not submitted the required commencement notice, which must be filed before construction begins.

The permit had expired in 2023

The permit in question is a 2018 renewal of an earlier development permit originally approved in 2012. Under normal planning rules, development permits remain valid for five years, meaning the 2018 permit expired in 2023 after the developer failed to submit a commencement notice and begin works.

Because of this lapse, the developer had already submitted a renewal application in 2022 (PA/4615/22) seeking to extend the permit. That application remains pending.

In July 2023, the Planning Board ruled that the application could not be treated as a straightforward renewal and would instead need to be assessed in light of newer planning policies introduced after the original permit was approved in 2012. This included the Strategic Plan for the Environment and Development (SPED).

However, the latest legal notice extending the lifespan of older permits has effectively resurrected the expired permit, meaning the developer can rely on the 2018 authorisation instead of awaiting a decision on the renewal request.

Works halted after mayor’s intervention

Questions about the permit’s status emerged earlier this month when works on the site were halted following the intervention of Kalkara mayor Wayne Aquilina.

Residents had reported seeing a bobcat operating on the site, prompting Aquilina to visit the area together with officials from the Planning Authority and the Environment and Resources Authority.

According to the developers’ architect, the activity underway at the time involved rock testing.

The development envisages the construction of 88 apartments and 93 garages on around 6,200 square metres of open land along the valley slope.

Long-running proposal

The project traces its origins back to an outline permit issued in 2008, followed by a full development permit approved in 2012 under application PA 3824/07. This permit was later renewed in 2018 under application PA/7034/17.

The valley has long been a focus of environmental activism. In 2003, the site became the focus of non-violent direct action by the Save Kalkara Valley Front led by Mark Montebello, which opposed plans to retain the valley within development zones.

While earlier planning decisions limited development to part of the valley, the section that remains within the development boundary is still considered ecologically sensitive, hosting a variety of trees, shrubs and other flora and fauna.

Legal notice extends thousands of permits

The revival of the Kalkara permit stems from Legal Notice 66 of 2025, which once again extended the validity of thousands of development permits across Malta.

The extension followed discussions with the Kamra tal-Periti, which warned that the previous extension framework had created anomalies that could cause ongoing projects to lapse.

Under the new regulations, permits that expired between 1 January 2023 and 9 November 2023 were extended to 31 December 2026.

The measure builds on a series of permit extensions first introduced in 2020 in response to disruptions caused by the COVID-19 pandemic and subsequent reforms affecting the construction industry.