The Planning Authority said that it welcomes a judgement delivered by the Court of Appeal confirming the refusal of an application seeking to sanction a gate obstructing a rural pathway leading to the coastal area known as Blata tal-Melh in Bahrija, Malta.

The Authority said that the Court confirmed an important planning principle: rural pathways that have historically been used by the public remain protected under planning policy. The judgement clarified that the concept of a “public country pathway” under the Rural Policy and Design Guidance 2014 refers to the public use of the pathway, not necessarily to public ownership of the land itself.

In reaching its conclusions, the Court referred to historical survey sheets, long-standing public use of the route, and the importance of preserving public access to the coast. The PA said that the Court also confirmed that the existence of alternative routes does not justify the obstruction or closure of a protected rural pathway.

It added that the judgement further recognised the environmental sensitivity of the area, which forms part of a protected coastal and ecological landscape, and reaffirmed the importance of safeguarding public recreational access to such sites.

The Planning Authority said it welcomes this clear confirmation of the legal protections afforded to traditional rural pathways and public coastal access under Maltese planning law.

The Authority concluded by saying 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.”

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