A panel set up to review loopholes in the controversial ODZ planning policy spent much of its time debating a possible amnesty for building illegalities in the countryside.

Members of the expert panel told Times of Malta the idea of granting an amnesty for a number of different types of planning irregularities on land outside development zone had been a major source of disagreement at the panel’s meetings.

The panel, chaired by outgoing Planning Authority head Johann Buttigieg, is now defunct and it is unclear what has happened to the proposed amnesty.

After more than 15 months, the panel was unable to reach a consensus on how to redraft the contentious Rural Policy and Design Guidance of 2014.

Only a few days ago, the Planning Authority sought the public's help on how it should revise the policy.

The policy, which has been criticised for having opened a backdoor to ODZ construction, was put under the spotlight this month after the Planning Authority approved the conversion of a small rural ruin into a sprawling countryside villa.

Referred to as a “regularisation” or “sanctioning” process, the amnesty discussed during the panel meetings was singled out by one member as “a step too far”.

“These sort of amnesties are normally given out for pre-existing illegalities on sites that date back to the 1960s or 1970s. The suggestion during these meetings was for an amnesty that would stretch up to just a few years ago, say on illegalities committed until 2014,” the member said.

He added that some members backing the proposal had suggested the authorities sanction major infractions along with relatively minor ones.

“While this started out as the possibility of sanctioning smaller irregularities like pool houses built instead of pump rooms, or slightly larger footprints, at times the possibility of sanctioning large extensions, which essentially turned farm buildings into villas, was contemplated,” the member said.

Possibility of sanctioning large extensions

Another member said the suggested amnesty was billed as an alternative to taking up fresh land.

“The idea was that, rather than allow people to apply to turn small ruins into new villas – as is currently being done – we would instead sanction existing irregularities and that this was meant to be a greener option,” another member said.

Meanwhile, a member who backed the idea of an amnesty, said that, as far as he was concerned, the idea was “common sense”.

“Look, out of the 20,000 ODZ villas or so that we have in Malta, believe me, most of them have some sort of illegality. Isn’t it better to just have them pay a penalty and regularise their position rather than just leave these illegalities all over the place,” he asked.

Meanwhile, Infrastructure Minister Ian Borg on Wednesday lashed out at the panel, saying that, since it had been set up, it had barely managed to meet up a half dozen times.

“When I really want to get something done, I have six meetings in a week,” he said.

The minister said that since he had been made aware of the panel’s inability to reach a consensus, he had written to the PA’s executive council, which had appointed a legal expert to redraft the policy.

Dr Borg said that Ivan Mifsud, dean of the Faculty of Laws at the University of Malta, had started redrafting the policy two weeks ago and the government expected a draft in the coming weeks.

Elizabeth Ellul who heads the Planning Commission told Times of Malta that she was not the sole author of the contentious policy, but had chaired a group of experts who had drafted it collectively.

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