A group of NGOs has called on the Prime Minister to urgently reform the “rotten” planning appeals system, which allows developers to start working even while permits are being challenged. 

The 14 NGOs said in a statement that they denounced Robert Abela’s failure to introduce reform in this area, despite promising to do so in May last year. 

Presently, applicants are allowed to start construction work that is covered by a permit that is under appeal. This, the groups said, has led to a situation where planning permits for already completed buildings are being revoked and no action is taken by authorities to remove these illegalities. 

“The law allowing works during appeal proceedings is a blatant breach of the fundamental right to legally challenge the decision of the Planning Authority (PA),” they said in a statement.

“Communities and organisations not only have to carry the financial burden of contesting irregular PA decisions, but they also risk doing so in vain since developers are allowed to build anyway.”

In recent months Court decisions have seen revoked permits for swimming pools in Qala’s ODZ, parts of a Sannat development, a Xewkija development, and a Mellieħa hotel, the groups pointed out, all of which had already been built by the time of the permit’s revocation and remain intact to this day. 

Other large-scale development such as Villa Rosa in St. Julian’s and Mistra Village in Xemxija have already started despite ongoing appeals challenging the legality of the permits. 

The groups criticised Abela for promising to make changes to the law that would make development permit non-executable until appeals are put to bed, but having for far failed to deliver on this promise. 

They also raised concern that public consultation issued by the government was in fact seeking to limit the right to appeal rather than introduce these changes. 

“The organisations note with indignation that while this promised reform - needed to safeguard the very basic right of appellants - has stalled, at the same time Government rushed into proposing amendments to DC15,” they said.

“These amendments aim at allowing developers to build an extra floor, thus increasing crowding, congestion and construction activity across Malta and Gozo. Moreover, developers who had permits revoked for not respecting rules on the allowable number of floors – but had completed their buildings anyway by the end of the appeal proceedings – would now be able to regularise their illegal buildings.”

This state of affairs is pointing towards a “deeply rotten planning regime” where decisions are made to favour developers and not to empower people, they said, resulting in a country “ravaged by greed and run by bullies”. 

“We call on the Prime Minister to immediately usher in the promised reform on suspending the execution of permits whilst appeal proceedings are underway before the Tribunal (EPRT) and the Court of Appeal,” they said.

“This will be one first small, but essential, step in introducing a modicum of decency within our planning system.”

The statement was sent by: Azzjoni: Tuna Artna Lura, BirdLife Malta, Din l-Art Ħelwa, Flimkien għal Ambjent Aħjar, Friends of the Earth Malta, Għawdix, Grow 10 Trees, Malta Youth in Agriculture Foundation (MaYA), Moviment Graffitti, Nature Trust Malta, Ramblers’ Association Malta, Rota, The Archaeological Society Malta and Wirt Għawdex.