Din l-Art Helwa has welcomed the Planning Tribunal’s decision to revoke the permit for a swimming pool issued by the Planning Commission last December in the scheduled area of Ta’ Baldu, Rabat, Malta.

The site lies within a Natura 2000 area and is further protected for its ecological and archaeological value.

DLH said that despite clear rural policies militating against the approval of pools in such sensitive areas, “the Planning Commission justified the permit on the basis that the proposed pool was – temporary.”

The proposal had initially been recommended for refusal by the PA’s Directorate due to its location within a protected zone and because the pool was to be sited in a field separated from the main residence by a road – placing it outside the building curtilage and in breach of policy.

DLH said that the latter issue was addressed “only superficially by shifting the pool a few metres closer to the residence.”

In its appeal before the tribunal, Din l-Art Helwa argued that this minor relocation did not alter the fundamental issue: the pool remained across a road from the residence, and thus still outside its curtilage and in breach of applicable planning policy.

DLH also pointed out that the new site was vegetated and that relocating the pool would result in additional environmental harm, including the potential felling of protected trees within a designated site.

The tribunal upheld DLH’s position, confirming that pools cannot be permitted outside a residence’s curtilage when clearly separated by a road. It further found the location “objectionable in principle, given its status within a protected site.”

DLH highlighted that “his was not the first attempt by the applicant to secure permission for a pool on the site. In 2008, a similar application for a ‘demountable’ pool had been refused by the Planning Authority. Despite the refusal, the pool remained in place for over 13 years and was only removed in 2022, following the dismissal of an appeal before the tribunal. The most recent application represented the latest in a series of efforts over several years to secure approval.”

“This decision reinforces the importance of upholding planning policies designed to safeguard Malta’s most sensitive and valuable landscapes. It affirms that designations such as Natura 2000 carry real weight and cannot be overridden by superficial justifications,” stated DLH.

Din l-Art Helwa was represented in this case by architect Tara Cassar.

Photos: DLH

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