Public consultation on proposed planning reform starts today

The government has launched a one-month public consultation on its controversial planning reform, starting today, weeks after the proposals were tabled in parliament.

The prime minister's head of secretariat, Mark Mallia, insisted it was always the prime minister's intention to call a public consultation, despite tabling the two bills first.

The consultation opening was announced during a press briefing held by Mallia, Planning Minister Clint Camilleri and Planning Authority (PA) CEO Johann Buttigieg.

The prime minister has put together a subcommittee, chaired by Mallia.

Other members on the committee include deputy prime minister Ian Borg, Heritage Minister Owen Bonnici, Planning Minister Clint Camilleri, Environment Minister Miriam Dalli, Justice Minister Jonathan Attard, Permanent Secretary Tony Sultana, and Principal Permanent Secretary Ryan Spagnol.

Last month, the government tabled two bills in parliament — Bills 143 and 144 — which introduce sweeping planning reforms.

These include halting construction while a permit is subject to an appeal, stripping the court's power to revoke a permit, giving the planning board more discretionary powers, and more.

Environmentalists have blasted the proposals as a "developers' wish list".

Through the consultation, the government will also be publishing legal notices that will allow owners to pay for their illegal developments. The contents of these legal notices were already revealed by The Sunday Times of Malta.

From Thursday, people will be able to review both bills and the legal notices on publicconsultation.gov.mt and offer their feedback on the reform. The consultation process will last one month and end on September 7.

“This reform has been needed for a long time. The consultation will be an opportunity to tackle any ambiguity or uncertainty during this process,” Mallia said.

Prime Minister Robert Abela was faced with widespread criticism after he only pledged to call a public consultation when he was outside parliament, in the face of pressure from protestors.

It is common practice that a public consultation is called before a bill is tabled in parliament, but in this case, a public consultation is taking place after a bill was tabled.

When journalists asked whether it was originally the government's intention to call a public consultation, Mallia stressed that from day one, the prime minister was clear that he was going to call a public consultation.

Buttigieg also denied that any consultation took place before the publishing of the bills. He said the government held only one "informative meeting" with the National Building Council, made up of Kamra tal-Periti and Malta Development Association, specifically on the appeals process.

'If it's a justified argument, we will consider changes'

When asked what the government's non-negotiables were, Clint Camilleri only mentioned the possibility of removing a proposed amendment reducing the objection period from 30 to 20 days.

"Overall, we believe this reform is a positive one. However, if people propose justified reasons to amend a clause, we will consider it if we believe it is the best option for Maltese citizens," Camilleri said.

The minister defended the amendment that proposes stripping the court’s power to revoke a permit.

Currently, any appeal to a decision taken by the PA is first heard by EPRT, an independent body. If the appellant is still unsatisfied with the tribunal's decision, the appellant can file a case with the Court of Appeal.

The amendment proposes giving the court the power to annul or confirm the tribunal’s decision. Camilleri said this amendment gives the applicant the opportunity to go back to the tribunal and alter the application, rather than starting the process all over again.

'Paying for illegal developments is not amnesty'

Buttigieg, the PA's CEO, focused on explaining the legal notices that would allow people to apply for regularisation or a concession on an illegal development by paying a "hefty" fine.

"This is not amnesty. Each application will be reviewed on a case-by-case basis," Buttigieg said.

Any illegal developments built before 1994 on land located Outside the Development Zone (ODZ) are eligible for regularisation. Any illegal developments built before 2016 within the development zone are eligible for regularisation.

Illegal developments that took place between 2016 and 2024 will be eligible for a concession. Any illegal developments after 2024 will not be eligible for either regularisation or a concession.

Owners will have four years to apply.