Resolved: Permitted development occupying part of a road

Resolved: Permitted development occupying part of a road

Published June 12, 2026

The Complaint

The Commissioner for Environment and Planning opened an investigation concerning the occupation of part of Triq it-Trill in Mellieħa by the front garden of a permitted development.

The Investigation

While the original development application respected the established street alignment and proposed a 1.5-metre-deep front garden, the applicant was asked by the Planning Officer during the processing of the application to revise the plans and increase the front garden depth to 3 metres.  As a consequence, part of Triq it-Trill was absorbed into the development site, resulting in a 7% increase in the site area.

During the course of the investigation, the Commissioner engaged with the Planning Authority, the Applicant, the Lands Authority, Transport Malta, and the Local Council.  At various stages, the matter appeared close to resolution, particularly in light of the Applicant’s repeated assurances that the original street alignment would be respected.  Nevertheless, the cladding of the front garden wall suggested otherwise, prompting the Commissioner to issue a Final Opinion.

Apart from the procedural defects identified in the processing of the application  -  specifically, the Planning Authority's failure to re-publish the application following an increase in the site area of more than 5%, to verify the certificate of ownership in respect of the occupied road, and to consult Transport Malta  -  the Commissioner also concluded that the approved alignment was inconsistent with the Local Plan.  The latter clearly shows that, along this section of Triq it-Trill, the front garden setback is substantially narrower than the approved 3.0 metres.

The front garden occupying part of Triq it-Trill in Mellieħa - May 2025

In light of these findings, the Commissioner recommended, in May 2025, that the Planning Authority’s Executive Council confirm that the official Alignment Plan is the one that preserves the original street alignment, including a 1.5-metre-deep front garden.  The Commissioner also recommended that the relevant permit be revised to correct the error on the face of the record and to bring the approved plans into conformity with the original 1.5-metre front garden setback.

Outcome

Notwithstanding the Planning Authority’s confirmation that the owners had agreed to restore the original front garden alignment, the necessary action was not taken.  Accordingly, in September 2025, the Commissioner referred the matter to the Prime Minister on grounds of non-compliance.

In December 2025, the Planning Authority’s Executive Council reaffirmed its previous decision that the approved 3-metre front garden depth should be retained.  The Commissioner responded by maintaining the Final Opinion, pointing out that the Executive Council’s conclusion was based, in part, on the erroneous assumption that the adjacent site had been lawfully developed with a 3-metre front garden.  This assumption was inconsistent with the Planning Authority’s own enforcement action concerning that development.  The Commissioner also noted that the Executive Council had failed to consider the recommendation in the Final Opinion calling for the amendment of the relevant permit to correct the error on the face of the record.

The matter was subsequently reconsidered by the Executive Council, which ultimately accepted the Commissioner’s recommendation and agreed that the original 1.5-metre front garden depth should be reinstated.

Conclusion

Following the Executive Council’s decision, the Planning Authority interpreted and marked the alignment on site in line with the Commissioner’s recommendation, and the Applicant subsequently altered the front garden to conform with that alignment.

The front garden alignment following the Commissioner's Recommendations - June 2026