Putting justice at the heart of planning appeals reform

Planning decisions shape the communities we live in, the quality of our environment, the opportunities for economic growth and, ultimately, the Malta we leave for future generations. It is therefore essential that the policies governing the planning system must be fair, transparent and, ultimately, trusted by the public.

One of the issues that has been debated for years is what happens when a planning permit is appealed.

Under the current system, development can begin or progress even when an appeal is still being heard. By the time a final decision is reached, substantial works may already have taken place. As a government we believe that the right to appeal should be a real right, not merely a procedural formality. They should be meaningful in practice. This belief is the foundation of the reform we are now presenting.

The central principle is straightforward. When a valid appeal is filed against a development permit, the permit will be automatically suspended until the appeal process is concluded. This means that a development cannot move ahead while the decision is still being challenged through the legal process. Some will inevitably ask whether such a system risks creating delays. It is a fair concern and one we have addressed directly.

The reform is not simply about suspending permits. It is equally about ensuring that appeals are determined quickly and efficiently.

For this reason, the proposed legislation introduces strict timeframes. Appeals involving suspended permits will be treated as urgent cases. The first hearing before the Environment and Planning Review Tribunal must take place within 30 days and the tribunal will be required to determine the appeal within six months.

Appeals involving suspended permits will be treated as urgent cases- Jonathan Attard

Should the case proceed to the Court of Appeal, further expedited procedures will apply. The aim is simple, if a development is paused, the institutions responsible for deciding the appeal must move with urgency. Thus, such reform is built on balance. It strengthens the rights of appellants while also protecting the legitimate interests of permit holders.

A person who has obtained a permit through the proper process deserves legal certainty. For this reason, the validity period of a permit will stop running while an appeal is pending. Permit holders will not lose part of their permit’s lifespan simply because they are waiting for the legal process to be concluded.

We are also introducing stronger digital processes, electronic notifications and additional administrative support for the tribunal. These changes may sound technical but their purpose is simply to reduce delays, improve efficiency and ensure that appeals are handled in a faster and more organised manner.

The reform also reinforces an important principle, respect for the rule of law. The suspended permit must be respected. No one should be able to move forward with works and then argue that the situation has become too difficult to reverse. The law must provide certainty and fairness to everyone involved.

We promised a planning system that works better for people. This is another step towards delivering that promise. A system that is just, fair and more credible. A system that protects the rights of citizens while providing certainty to applicants.

Jonathan Attard is Minister for Infrastructure, Planning and Employment.