PA welcomes court judgement for protection of public rural access routes in Blata tal-Melħ case

The Planning Authority has welcomed a Court of Appeal judgment confirming an earlier decision refusing the sanctioning of a gate obstructing a rural pathway leading to the coastal area known as Blata tal-Melħ in Baħrija.

In a statement, the Authority said the judgment reaffirmed an important planning principle: that rural paths historically used by the public remain protected under Malta’s planning policies.

The case centred around an application seeking to sanction a gate that blocked access along a rural route leading towards the coast. The Court confirmed that the concept of a “public rural path” under the Rural Policy and Design Guidance 2014 refers primarily to the long-standing public use of the route, rather than necessarily the public ownership of the land itself.

According to the judgment, the Court examined historical maps, evidence of long-term public use of the pathway and the broader importance of preserving public access to the coastline.

The Court also clarified that the existence of alternative routes does not justify the obstruction or closure of a protected rural pathway.

The Planning Authority noted that the judgment additionally recognised the environmental sensitivity of the area, which forms part of a protected coastal and ecological landscape.

The Court reaffirmed the importance of safeguarding public access for recreational use within such sites, particularly in environmentally sensitive rural and coastal zones.

In its statement, the Planning Authority described the ruling as a clear confirmation of the legal protections afforded to traditional rural pathways and public coastal access under Maltese planning law.

“The Authority remains committed to striking a balance between private property rights and the wider public interest, environmental protection and the preservation of Malta’s rural and coastal heritage,” the statement said.