Planning Authority welcomes protection of rural pathway in Baħrija

A judgement by the Court of Appeal confirmed the refusal of an application seeking to sanction a gate obstructing a rural pathway leading to the coastal area known as Blata tal-Melħ in Baħrija.

In a statement issued on Tuesday, the Planning Authority welcomed the judgement, describing it as a clear confirmation of the legal protections afforded to traditional rural pathways and public coastal access under Maltese planning law. 

The authority noted that in its judgement, the court confirmed the important planning principle that rural pathways which have historically been used by the public should remain protected under planning policy. 

The court recognised the environmental sensitivity of the area, which forms part of a protected coastal and ecological landscape, reaffirming the importance of safeguarding public recreational access to such sites.

The judgement elaborated that under the Rural Policy and Design Guidance 2014, a ‘public pathway’ refers to the public use of the pathway, not necessarily to public ownership of the land itself. It also confirmed that  the existence of alternative routes does not justify the obstruction or closure of a protected rural pathway.

This follows a long-running dispute over public access in the area after Touchstone Limited, owned by a group of Baħrija landowners, argued that the footpath runs on private property and that closing it with a gate did not contravene planning policy. 

Touchstone also argued that they did not need a planning permit to construct the  gate, arguing that this fell within categories that do not require a permit, adding that the planning application to sanction the gate was intended to obtain a formal declaration from the Planning Authority.

The authority concluded by affirming that it remains committed to balancing private property rights with the wider public interest, environmental protection, and the preservation of Malta’s rural and coastal heritage.