The government on Monday will launch a consultation on halting construction work pending the outcome of a planning appeal. 

Stakeholders are being asked to submit their feedback on the timeframes of Planning and Review Tribunal decisions and court judgements.

The consultation, which will remain open until November 3, comes five months after Prime Minister Robert Abela called for a planning reform.

"Does it make sense, if it ever did, that planning law allows construction work to start when the permit is still being contested in front of the tribunal or the law courts," Abela had asked. 

Last month, Abela said Cabinet had approved a fairer system for planning appeals.  

As things stand, those unhappy with a Planning Authority's decision about proposed development can take the case to the review tribunal. If they remain unsatisfied with the outcome, people can then take their case to court.

In the meantime, construction works can kick off when the planning authority approves a development permit, even if someone would have appealed the decision. 

The review tribunal can choose to suspend works if the appellants request it, but the tribunal rarely decides to do so, planning ministry officials told Times on Malta on Friday.  

This anomaly has allowed all sorts of developers – from construction moguls to Infrastructure Malta and even Minister Ian Borg – to press ahead with construction projects even while appeals against them were still pending.   

Environmentalists have long campaigned for this legal loophole to be closed. 

The legislative change will mean that work will be allowed to begin only once all appeal procedures are exhausted at the planning tribunal and court.  

The government is also looking to implement other changes.

Among such changes, the government plans to appoint officials within the planning tribunal to administer oaths, take testimony, and receive documents. 

"This provision will help expedite appeal proceedings," the consultative document, set to be launched on Monday, says.  

The new law will also "limit appeals which are considered frivolous or vexatious".  

The consultative document clarifies that appellants to a PA decision would have had to object "based on issues relevant to environment and planning".

Interested parties can upload their feedback here from Monday.  

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