Residents, Graffitti take government to court over ‘zombie permits’

The government is being taken to court by residents of Kalkara, St Julians, Għargħur, together with Moviment Graffitti, over a legal notice that allows development works to proceed on expired permits.

In a statement issued on Wednesday, Movement Graffitti explained that over the past few months residents in various localities have been shocked to see developers move in with machinery on sites where there appeared to be no permit, including cases where applications were still pending or even withdrawn.

“The government’s move to create ‘zombie permits’ is yet another attempt to appease developers at the expense of residents, the environment and quality of life,” the group said. “It was a slap in the face to residents who have spent years fighting destructive developments in their localities, only to discover that an underhanded move by the government had overridden their concerns and handed developers exactly what they wanted.”

As an example, the NGO recalled a case in an ODZ valley in Rabat, and another in Kalkara, where green areas are under threat from massive development projects.

Moviment Graffitti said it later emerged that such works were being carried out under a legal notice introduced last year, which not only extended the validity of existing development permits but also revived permits that had expired in 2023. The full number of expired permits affected by this decision has never been revealed, although Moviment Graffitti claimed it is believed to be substantial. 

The NGO noted that as a result many residents and communities around Malta and Gozo may now face the threat of imminent destructive development without even knowing it.

Residents and Moviment Graffitti argued that, under the Development and Planning Act, the minister had no right to revive permits as was done through the legal notice. They contended that works linked to the developments Kalkara, St Julians, and Għargħur should not be allowed to proceed since the permits were illegitimately revived after their expiration.

The plaintiffs are being represented by lawyer Claire Bonello.