Planning reforms ‘necessary but not a walkover for developers’ – MDA

The Malta Developers Association welcomed the “long overdue” reforms saying they were “necessary” and “far from a walk over for developers” but described the proposed suspension of works during appeals as “unjust”.

In a statement on Saturday, MDA president Michael Stivala called for safeguards to discourage vexatious appeals, saying the courts had often flagged “abuse by bogus third parties” which rather than safeguarding public interest, simply "created operational and financial obstacles to land concessions."

He called on both sides of the house to introduce safeguards that enhance “appeals of substance” and discourage “frivolous or vexatious ones”.

The proposed Bills, revealed on Friday night not through official government channels but through a statement by Moviment Graffitti, have been met with a barrage of criticism from various sectors with numerous NGOs and political parties decrying them as an “attack on democratic rights”.

The MDA, unsurprisingly, supported the Bills’ intent to “increase transparency, consistency, and accountability in planning decisions” adding the reforms will “benefit all parties involved”.

“This is surely an important step forward that has long been in the coming,” Stivala said.

The MDA however did express its “major concern” with certain points in the proposed laws, not least the automatic suspension of development works during the appeals process, saying this “invites potential abuse of the system”.

“Allowing objectors to halt works merely by filing an appeal undermines legal certainty, discourages investment, and creates a situation where planning permits granted by a competent authority become effectively meaningless for an extended period,” he said.

The association also noted “other serious concerns” with the proposed legislation, including the provisions granting the PA the power to revoke or discontinue any permit without compensating the permit holder, saying this “introduces significant risk and uncertainty for legitimate operators”.

“Both sides should be capable of claiming compensation or legal clarity for damages caused,” the MDA added.

The association also called for balanced representation on the Planning Board by including technical bodies such as the National Building Council alongside environmental NGOs.

Stivala reiterated the association’s support for a planning system “that is both environmentally responsible and economically sustainable”.

“We look forward to further engagement with lawmakers and stakeholders to ensure that the final legislative framework reflects a balanced and fair approach,” Stivala added.