Environmental organisations have filed court action in a bid to overturn planning policies they say have ruined Malta and Gozo's intrinsic character.
The Coalition for Gozo, which is made up of a number of environmentally-focused NGOs, are seeking to have policy P35 and annexe 2 of the Development Control Policy, commonly referred to as DC15, nullified.
Those policies have proven controversial, with activists regularly arguing that they are being misused by developers seeking to squeeze more floors out of a development, contrary to the spirit of the local plans they are meant to interpret.
In their court action, the NGOs involved - Din L-Art Ħelwa Għawdex, Għawdix, and Wirt Għawdex, together with the Din L-Art Ħelwa national trust - argue that the policies in question are leading to the destruction of the urban fabric and intrinsic character of many towns and villages throughout the country, the continued desecration of heritage buildings, and broad environmental degradation.
The Planning Authority has shown little interest in revising the policies or striking them off: last year, PA chief Martin Saliba told Times of Malta that the current situation would have come about even if DC15 had not been introduced.
The NGOs said that after years of “consistent yet failed attempts” at persuading the government and the Planning Authority to address the legal and logical incongruences brought about by these policies, they have now decided to take the matter to court in a bid to stem “the uncontrolled and rampant construction” having “a deleterious impact” on both Malta and Gozo’s environment and heritage.
They will be requesting the courts to declare the policies invalid, arguing that they run contrary to the very local plans that they are intended to interpret.
“Ironically, this is the case notwithstanding that the law establishes that local plans are to take precedence over any other "policies" in accordance with Article 53 of Chapter 552 of the Laws of Malta,” they argued.