'Fast, clear decisions' promised in Mepa reform

Faster decisions, heftier fines and full transparency will characterise the planning authority's reform if all goes according to the government's plan outlined yesterday.

"Mepa must safeguard the environment but also stimulate sustainable development. It needs to respond within a reasonable stipulated time and with reasons that are clear to all," Prime Minister Lawrence Gonzi said.

If the laws were clear and not open to interpretation, there would be no scope for abuse, he argued, as he launched the Bill intended to streamline current legislation.

Dr Gonzi hoped the Bill would be approved in Parliament by April but did not want to stifle the discussion by imposing deadlines.

He showered praised on Parliamentary Secretary Mario de Marco, who was responsible for the Bill, for his hard work on such a delicate and complex reform.

The Bill stipulates that Mepa's decisions will have to be taken within 12 or 26 weeks from the date of validation, except for major projects or applications in outside development zones (ODZ).

But before the application is discussed, Mepa will provide a "pre-screening" service, so applicants can make sure their project is in line with the necessary policies and has all the requirements. Therefore, if an application is a non-starter, the application can be revised from the start.

The Development Control Commissions - two boards that take decisions on most applications - will be composed of five full-time professionals each and will be renamed Environment and Planning Commissions.

These people will work "exclusively" for Mepa to reduce the possibility of conflicts of interest. Following a public call for applications, second interviews are under way.

The chairmen of these commissions will also be deputy chairmen on the Mepa board, to ensure consistency in decision making.

Meanwhile, the Mepa board will be made up of three public officials (instead of five), eight independent members, two MPs and the two commission chairmen. The independent members will come from NGOs and various other sectors of society, including industry and heritage.

Dr Gonzi stressed the importance of agriculture and said the reform would facilitate "genuine" farming developments but would not allow farming to be used as an excuse to abuse.

He said that, while projects in ODZ would be restricted as much as possible, when it came to farming or minor additions to already existing homes there could not be a categorical "no".

All ODZ applications will be published on Mepa's website separately in order to ensure easier access to information.

Mepa has also committed itself to publish application notices not only on sites and in the newspapers but also by posting them around the neighbourhood.

The auditor, whose role is to scrutinise Mepa's work and ensure accountability, will no longer be a Mepa employee but will become a commissioner in the Ombudsman's office. Dr Gonzi said this decision had the full support of the opposition.

Mepa would still have an internal auditor, to do the "much-needed" auditing of the authority.

Penalties for infringements are being steeply raised. The daily fine, such as when enforcement notices are not complied with, will rise to €50 from €11.65. The maximum fine will go up to €50,000 from €2,330.

In most cases, properties built without permits will not be allowed to be sanctioned, including if the property's footprint or the building's volume was larger than permitted. This would not apply to buildings that are part of a registered animal farm or built before May 2007. This date was chosen because that is the earliest date where aerial photographs of Malta are available.

The appeals board will be changed into a revision tribunal that will be empowered to stop developments until a final decision is taken.

Dr Gonzi said Mepa's new tariffs would be revealed later but stressed there was a "price to pay" for a more effective Mepa. In the last Budget, the government announced Mepa would become self-financing.

Reacting to the Bill, the Labour Party said the reform "did not address the problems within the planning and environmental protection system but only retouched it".

Spokesmen Leo Brincat and Roderick Galdes said the reforms "encouraged uncertainty and bureaucracy" and would have been more effective had the government established an environmental protection agency as a separate entity, which would help to promote a balance between development and the environment.

The Nationalist Party said that "one year and one month" after pledging to set up a committee on Mepa reform, "(Labour leader) Joseph Muscat and his party didn't even submit one proposal; ample proof Labour does not give a hoot about political substance".

Highlights of the reform

• Decisions have to be taken within 12 or 26 weeks, except for major projects or ODZ applications.

• The Mepa board will be made up of three public officials, eight independent members, two MPs and two (DCC) chairmen.

• Mepa will distribute application notices to neighbours, besides publishing them on site and in newspapers.

• The auditor will no longer be an employee of Mepa but will become a commissioner in the Ombudsman's office.

• There will be a pre-screening process so applicants with projects that go against current policies will know where they stand beforehand and told how to meet requirements.

• Penalties for infringements will be heftily increased.

• Applicants must prove they own the land or have the owner's consent.

• In many cases, properties built without permits will not be allowed to be sanctioned.

• All granted permits will have a 30-day suspension period during which objectors may appeal.

• The appeals board will be changed to a revision tribunal that will be empowered to stop developments until a final decision is taken.

• If an appeal is filed by the applicant, other interested parties will be notified.

• Mepa employees have to declare any interests and there will be a code of ethics published separately from the Bill.

• Mepa will have four directorates: Environmental Protection Directorate, Corporate Services Directorate, Enforcement Directorate and Development Planning Directorate.

For more information visit www.opm.gov.mt/mepa.