‘Rotten planning regime’ favouring developers unchanged despite PM’s pledge

14 organisations are denouncing the failure to reform Malta’s law regulating planning appeals, something promised by Prime Minister Robert Abela in May last year, but which never materialised.

Developers to this day can still start construction works covered by permits that are still under appeal, which has led to several cases of planning permits being revoked for buildings that would have already been completed. No action is then taken by the authorities to remove these illegalities.

“The law allowing works during appeal proceedings is a blatant breach of the fundamental right to legally challenge decision of the Planning Authority,” a spokesperson for the organisations said.

“Communities and organisations not only have to carry the financial burden of contesting irregular PA decisions, but they also risk doing so in vain since developers are allowed to build anyway.”

The organisations calling for urgent reform included Malta’s major environmental NGOs and civic rights groups Azzjoni: Tuna Artna Lura, BirdLife Malta, Din l-Art Ħelwa, Flimkien għal Ambjent Aħjar, Friends of the Earth Malta, Għawdix, Grow 10 Trees, Malta Youth in Agriculture Foundation (MaYA), Moviment Graffitti, Nature Trust Malta, Ramblers’ Association Malta, Rota, The Archaeological Society Malta, and Wirt Għawdex.

Over the past months, the courts have revoked permits for swimming pools outside Qala’s building zones, parts of a Sannat development, a Xewkija development, and a Mellieħa hotel, after finding serious breaches of planning law in the issuance of their permits by the PA.

Yet all these structures had already been built by the time of their permits’ revocation, and they stand intact to date.

Works on other massive developments, such as Villa Rosa in St Julian’s and Mistra Village in Xemxija, have started despite ongoing appeals contesting their permits’ legality.

In May 2023, Prime Minister Robert Abela promised changes to the law so that development permits would not be executable until the appeal is decided. But the promised changes have not yet seen the light of day.

The government issued a public consultation which, under the pretext of introducing these long-overdue measures, turned out to propose limiting the right to appeal.

“The organisations officially presented their feedback to this consultation, and nothing more has been heard since,” an NGO spokesperson said.

“While this promised reform – needed to safeguard the very basic right of appellants – has stalled, at the same time government rushed into proposing amendments to DC15. These amendments aim at allowing developers to build an extra floor, thus increasing crowding, congestion and construction activity across Malta and Gozo.

“Moreover, developers who had permits revoked for not respecting rules on the allowable number of floors – but had completed their buildings anyway by the end of the appeal proceedings – would now be able to regularise their illegal buildings.”

The NGOs said these rules only illustrated “a deeply rotten planning regime where every decision, at every stage, is taken to favour developers and disempower the people.”

“As a result, our towns, villages and countryside are being ravaged by greed and run by bullies.

“We call onto the Prime Minister to immediately usher in the promised reform on suspending the execution of permits whilst appeal proceedings are underway before the Tribunal (EPRT) and the Court of Appeal. This will be one first small, but essential, step in introducing a modicum of decency within our planning system.”