A planning commissioner within the Ombudsman’s office has raised alarm over the “build now, sanction later” mentality in Malta.
Commissioner Alan Saliba expressed his concern at the “non-existent” attempts to diminish the use of sanctioning procedures.
The procedures open the window for developers to commit illegalities which can then be sanctioned by the Planning Authority, against payment of a fine.
Just last month, activists descended upon illegally built pools in the Qala countryside, that were excavated by developer Joseph Portelli as part of a massive apartment complex.
Enforcement action is effective first and foremost through fines that reflect the actual extent of the infringement and that are sufficient to act as a deterrent- Planning Commissioner Alan Saliba
The illegally built pools were sanctioned by the Planning Authority, only for a court to overturn the decision once the pools had already been built.
Planning laws allow developers to proceed with works while appeals processes are ongoing.
In 2023, Prime Minister Robert Abela said that work was under way to reform that procedure to prevent developers from exploiting such loopholes. Despite that pledge and a subsequent consultation period, the law remains in place.
Saliba highlighted in the Ombudsman’s annual report that “whilst one understands that the demolition of irregular sanctionable developments is costly and generates unnecessary waste, instant and effective enforcement action will help to change the ‘build now sanction later’ mentality”.
'Better enforcement will ease undue pressure'
He said better enforcement will ease the “undue pressure” on decision-makers when they are faced with a fait accompli for sanctioning, when compared to proposals that are still on paper.
“Enforcement action is effective first and foremost through fines that reflect the actual extent of the infringement and that are sufficient to act as a deterrent.
“Secondly, the irregular works should be immediately stopped and documented so that the fine on the works carried out after the stop notice is at least doubled.”
The commissioner warned how fining irregularities with “a mere 10% or less” of the actual cost of the irregular development, and allowing works to proceed, only serves as an incentive rather than a deterrent.
Saliba said appeals to planning decisions, although costly, is the best remedial measure available to address an incorrectly approved permit.
He proposed that concerned citizens and NGOs should be “awarded” when their venture manages to overturn a permit that would have otherwise ruined the environment very much in the same way that environmental benefits are awarded through available grants.
This will lead towards a balance between the economic development potential of a site and the environmental health of the surroundings, the commissioner said.