Comino ruling: Can garigue restoration offset planned loss?

The planning appeals tribunal has confirmed the permit for a 140-bed hotel, 16 villas, and 44 swimming pools at San Niklaw and Santa Marija bays in Comino.

The development will replace the disused Comino Hotel complex, which closed in 2022. 

The tribunal’s ruling confirmed the loss of 1,220sq.m of existing garigue but concluded this was offset by the “restoration” of 2,340sq.m of garigue in other degraded areas and a “landscape restoration” over 8,244sq.m of land.

Garigue is a natural habitat characterised by limestone rocky ground with a rugged surface, known as karst, hosting shrubs that are resistant to drought and exposure. This is considered to be the most species-diverse habitat in Malta. But recreating garigue in areas where it no longer exists may prove difficult to achieve.

Garigue found in the area which will be taken up by bungalow development

This is one of the conclusions of an expert report presented on behalf of nine appellant NGOs penned by Jonathan Henwood, a seasoned environmental scientist and senior lecturer on various environmental topics, including restoration ecology.

Henwood documented multiple endemic and protected species within the Comino development footprint and cautioned that the proposed restoration scheme was scientifically uncertain.

His report concludes that restored planting “can never be considered as a direct replacement for existing habitats whether pristine or degraded.”

In its decision the EPRT acknowledged these findings but reasoned those compensatory measures alongside legally binding conditions, were adequate to satisfy conservation objectives. The tribunal said the project would not adversely affect the integrity of the Natura 2000 site, allowing the redevelopment to proceed.

Henwood’s assessment

Henwood’s environmental site assessment examined the state of protected flora, fauna, and habitats, including garigue, karst, and ermes, in the zones proposed for development. These areas are located in an internationally recognised Special Area of Conservation (SAC) and Natura 2000 site.

Garigue found in the area which will be taken up by hotel development

Henwood confirmed that a number of areas earmarked for development are designated as garigue within Comino’s Natura 2000 management plan and are legally protected. This includes seven distinct areas immediately located next to the existing bungalows and two areas next to the hotel.

Henwood’s report states that removal or disturbance of these habitats would contravene the Natura 2000 management plan objectives, specifically the provision that requires the size of the garigue areas to be “maintained”.

Based on a site survey conducted in August 2025, Henwood detailed the floral species present across the garigue set to be impacted by the Comino development.

Among the protected endemic species recorded were Anthyllis hermanniae melitensis, commonly known as the Maltese Shrubby Kidney Vetch (il-ħatba s-sewda), and Euphorbia melitensis, or Maltese Spurge (it-tengħud tax-xagħri), along with other Euphorbia species. Another specifically listed protected species found was Limonium melitense.

The survey also documented numerous other native Mediterranean shrubs typical of garrigue habitats, such as Pistacia lentiscus, Periploca angustifolia, Teucrium fruticans, and Thymbra capitata. In coastal, disturbed, or interstitial areas, Henwood observed Tamarix species, Nerium oleander, Pinus halepensis, and Pittosporum tobira.

The report noted that the Environmental Impact Assessment (EIA) baseline survey, conducted only in April and May 2020, missed transient species, including orchids like the Maltese pyramidal orchid and Ophrys melitensis, making it impossible to fully assess the habitat’s ecological value.

Restoration plan ‘uncertain’

Henwood strongly criticised the reliance on ecological restoration as a compensatory measure for the take-up of garrigue, noting that the destruction of a legally protected habitat is being justified by the “uncertain” restoration of degraded areas.

Jonathan Henwood (Photo: James Bianchi/MaltaToday)

Garigue formation, he explained, is a complex, iterative process requiring integration of karst, precise species proportions, and years of monitoring. He warned that the restoration method statement, deferred as a “reserved matter” in permit conditions, meant the plan’s effectiveness was not guaranteed.

The uncertainty according to Henwood is accentuated by the absence of a “tried and tested model with a guaranteed outcome either locally or abroad” and the considerable number of variables “beyond the control of the person heading the restoration”.

Without guaranteed success, Henwood concluded, the restoration scheme would be simply another exercise in landscaping and not a replacement of the habitat lost. He added: “Until such time that the planting thrives on its own, this would simply be another exercise in landscaping or a wish list and not a replacement of the habitat lost.”

Environmental scientist defends restoration studies

Hili Ventures countered Henwood’s findings through an affidavit by environmental scientist and plant expert Eman Calleja, author of the original ecological survey and the ecology restoration plan.

In his affidavit to the tribunal, Calleja argued that Henwood’s report provided no new information beyond the detailed content already contained in the EIA, which had acknowledged habitat loss in some areas. Calleja also forcefully rebutted the doubt raised regarding the ecological restoration scheme, defending the mitigation measure designed to compensate for the loss of natural habitat, including garigue.

The tribunal noted that Calleja’s submission was supported by a portfolio of publications and a bio-note that corroborated his expertise in the field of environmental restoration, which was not disputed by the appellants.

The restoration plan for degraded areas in Comino, authored by Calleja, refers to the removal of large concrete features, such as abandoned tennis courts, to expose the natural bedrock beneath. The goal of the plan is to establish self-sustaining native habitats, including resilient Aleppo pine woodlands and various local shrublands.

Exceptionally hardy species, known for their drought tolerance and ability to grow on poor ground, are chosen in restoration plans. The plan acknowledges that a percentage of new plants “will not survive”, suggesting that these “are not replaced” to allow “natural regeneration to take place”. For fragile cliff ecosystems, success is tied directly to transferring natural seed banks into rock hollows, relying solely on “the prevalent rain patterns that year” without irrigation.

Tribunal conclusions

The tribunal ultimately rejected the appeal and confirmed the permit, basing its decision on the regulatory authority’s ability to ensure that the ecological restoration of degraded areas is implemented.

The tribunal noted that the Environment and Resources Authority (ERA), as the competent authority for Natura 2000 sites, had determined the project “would not adversely affect the integrity of the Natura 2000 site provided all mitigation measures were implemented.”

Citing existing policy which encourages redevelopment of the tourist complex, the tribunal accepted that the loss of 1,220sq.m of garigue was offset by the restoration of other areas.

Addressing concerns over the uncertainty of restoration, the tribunal emphasised the condition that obliges degraded areas “to be restored to their pristine state to the satisfaction of the ERA”, legally binding the applicant to the mitigation measures.

While Henwood’s report confirmed the irreversible destruction of protected garigue and the scientific uncertainty of restoration, the tribunal relied on ERA’s ability to enforce its conditions. But the decision may also create a precedent for other developments in Natura 2000 sites, where the obliteration of long established garigue areas is offset by nature restoration in other areas.