Abela: Planning reform is 'for the people, not big developers'

Updated 1.35pm with PN statement

Robert Abela staunchly defended a controversial planning reform tabled in parliament this week, saying the new law will strengthen the position of objectors, introduce much-needed equality of arms, and address long-standing planning irregularities with a “bitter price” for those seeking regularisation.

Responding to criticisms that the reform curtails objectors' rights and was rushed through parliament, the Prime Minister dismissed such claims, stating the reform has been two years in the making.

"We want to debate this with no rush," he said. "Those who are saying we rushed it to get it through just before summer are not right... there's no rush, there will be discussions, but the reforms are needed."

He said the "most important" provision in the reform was one that will prevent developers from starting construction before all appeals processes have been finalised.

In a controlled interview on Labour-owned radio station ONE, the prime minister used anecdotes of individual cases to argue that the reform was intended to protect common citizens from legal strife.  

He said he met a family who invested their life savings in an apartment that had been built pending appeals, only for it to be later deemed illegally built by the courts.

"You could say it's on them because they took the risk, but I get their point as well. They spent all they had to invest in it only to be told they had an illegal property," he said.

In another anecdote, he said a man sick with cancer had spoken to him with concern about the fate of his illegally built ODZ family home. 

Abela argued that under the new law, appeals must be decided within a maximum of six months, with subsequent court appeals also subject to expedited timelines. This brings equality of arms to all parties involved, he said.

On concerns about the appeal period for objectors being reduced from 30 to 20 days, the Prime Minister insisted a good appeal can be written in a day, and that the overall aim is to "strengthen the position of those who object to a permit".

He added that the change in law also seeks to deter frivolous appeals.

"This is not a victory for the big developers. The big developers didn't want this reform. They were comfortable with how the system was," he said. "The biggest winners of this reform are objectors."

He also said the government is committed to "strengthen NGOs' position in the planning process, not weaken it".

'It's for the people, not big developers'

Abela also addressed a Times of Malta story on Sunday, which revealed that owners of illegal developments across Malta will soon be able to pay for a concession or apply to have their properties fully regularised.

"I recently met a family whose house was built illegally in the 80s. No authority pulled it down in the 80s, 90s, or ever, since, and they worked with blood and sweat for what they have. The father now has cancer and told me he didn't want trouble for his children," he said, adding that the reform was meant for people like these.

"And there are 5,000 infractions like these across the country. Some have an irregular window, others have bigger infractions. We shouldn't say they are all the big developers. From those 5,000 infractions, many are common people, not developers.

"I think of the old man I visited in Gozo recently, who told me he has an illegal room in his backyard and pleaded with me not to pull it down because it would ruin his life. We want to do justice to both sides."

'Bitter price for regularisation'

Abela stressed that while the government aims to be just, those seeking regularisation for illegal structures will face significant penalties.

"Those who apply for regularisation will have to pay a bitter price," he said, citing the example of a small house outside the planning scheme being subject to a €300,000 fine. These funds, he assured, will be directed towards environmental projects within the community.

Crucially, regularisation will not grant a carte blanche for further development, he said.

"Even when you get regularisation, you cannot do a redevelopment. If you have a room, you have to stick with the room and you cannot extend it, even by a centimetre. You'll have electricity and water, but that's it."

For those who opt not to apply for regularisation, the Planning Authority will initiate direct action, meaning "we will pull down the illegal structure", he added.

Abela said this was a long-overdue reform.

"I'm not in politics to shove problems under the carpet, but to address them. That wouldn't be good leadership."

He said he was open to amending certain measures but remains convinced that the fundamental principles of the reform are sound and should be maintained.

The reforms have been roundly criticised, drawing objections from Nationalist Party leader Bernard Grech, the two men vying to succeed Grech, other political parties like Momentum and ADPD and broader civil society. 

Labour Party President Alex Sciberras has also expressed concern about plan, warning that people are losing trust in government.  

On the other hand, the Malta Development Association welcomed the reforms, saying they were "long overdue".  

'PN will not give in to rushed reform'

In a statement on Sunday, the PN challenged Abela to ensure the proposed reform is properly debated through parliament and not rushed into law.

"If Robert Abela truly believes what he says, he should do everything possible to ensure that the planning reform law he tabled in the peak of summer is discussed thoroughly, not rushed through in an attempt to pass it before Parliament breaks for summer," it said. 

"Robert Abela knows that the reform, as he presented it, does not truly serve the common good of all Maltese people. But to Robert Abela, it seems the only Maltese that count are his "friends".

"The Partit Nazzjonalista will not give in to the rushed introduction of such an important planning reform and will continue to insist on a serious and proper debate, as a crucial reform like this deserves."