Court annuls tribunal ruling on Comino villas permit

The tribunal’s original ruling, delivered last year, had rejected appeals against the permit and found the development in line with the Gozo and Comino Local Plan, which allows for the upgrading of existing tourism facilities on the island. It had also concluded that site-specific policies applicable to Comino took precedence over broader restrictions on development outside designated zones.

Photomontage of the proposed bungalows that will form part of the project (Photomontage prepared by HV Hospitality)

In its assessment, the EPRT acknowledged that the project would result in the loss of over 1,200 square metres of protected garigue habitat but accepted that this impact could be mitigated through ecological restoration measures proposed by the developer.

Objectors had argued that the scale of the project, including extensive excavation works and the number of proposed pools, would have a significant impact on the site. The tribunal, however, had deemed the proposal compliant with planning and environmental policies.

Following the court’s ruling, the tribunal must now revisit its decision in line with the court’s findings. The judgment does not revoke the permit outright but reopens the appeals process.

The Comino hotel closed in 2022, and the approved project envisages its replacement with a new resort complex incorporating hotel accommodation and villas.

Why courts sent the case back to EPRT                                                                             

The court sent the case back to the EPRT because the tribunal committed an error of law by accepting the current total footprint as a baseline without distinguishing between legal and illegal development

This is because, under the Local Plan, which limits the size of any redevelopment to that occupied by “existing” structures, the term "existing" strictly refers to legal development.

The court ruled that illegal development cannot justify further extensions or be used to measure floor area baselines. The court does not identify any illegalities and it will be up to the EPRT to determine which structures are legal and which are not.

But during procedures the environmental NGOs contested the baseline used to determine the size of the new development by presenting evidence, showing which areas were built before 1978  and which were built after.  Planning policies state that any development carried out before 1978 is considered legal. This means that any additions made after that date would be illegal and cannot be used in calculations to determine the area of the new development. The original complex was built before 1978.

Consequently, the EPRT must now re-evaluate the evidence using the correct legal criteria to ensure that only legally permitted structures are factored into the project's starting baseline.

HV Hospitality reacts to court decision

In a statement, HV Hospitality has noted the Court’s decision to refer the Six Senses Comino project back to the EPRT for technical verification of the permitted status of existing structures on Comino.

A spokesperson for HV Hospitality said that while the ruling does not conclude the process, it marks the next step in a six-year regulatory journey concerning the proposed redevelopment of the existing hotel and bungalow site on the island.

“We respect the Court’s ruling and remain confident in the planning and environmental merits of this project. Over the years, the proposal has been substantially pared back through consultation, expert input and regulatory engagement, and we remain committed to participating constructively in the next stage of the process,” the spokesperson said.

HV Hospitality reiterated its commitment to a project balancing environmental restoration, responsible tourism and long-term investment, and said it will continue engaging constructively with all relevant authorities and stakeholders as the process moves forward.