Getting the planning reform facts right | Clint Camilleri

Clint Camilleri is minister for planning and Gozo

Change often elicits diverse reactions and the ongoing discussions surrounding the proposed amendments to Malta’s planning legislation are no exception. As these bills enter parliament, several misconceptions have emerged. To ensure an informed understanding, it is essential to clarify the facts rooted in the legislation itself.

Revisiting the appeals process

One common misconception concerns the scope of the appeals process. Some have claimed that appeals will only be possible on legal or technical issues during the objection phase, which is incorrect. In reality, anyone who registers an objection within 30 days can modify their objections—adding, amending, or revoking them—each time plans change. After a technical report is issued, they have an additional 10 days to do so, forming the basis for appeals to the Environment and Planning Review Tribunal (EPRT).

Furthermore, objections concerning issues that were not evident during the application phase can be raised during the appeal process. This demonstrates that the process is not being weakened but rather strengthened, providing more avenues for public participation and oversight.

Concerns about fines for frivolous appeals should also be addressed. These changes aim to discourage unfounded appeals while still upholding individuals’ rights to challenge decisions in court. The reforms do not eliminate the right to appeal but seek to promote responsible use of the process.

Judicial oversight and permit authority

Critics have argued that the reforms diminish the judiciary’s role. This is unfounded. The new law maintains the court’s authority to revoke or annul permits, and the tribunal is obliged to follow these court orders, as stipulated in Article 51. When courts revoke decisions, permits are rescinded immediately, reinforcing judicial oversight rather than diminishing it.

Building heights and zoning changes

One notable amendment involves shifting certain powers of local authority from the minister to the public. Currently, the minister controls change to building heights and zoning, including the reclassification of land from Outside Development Zone (ODZ) to development zones. Under the proposed amendments, the public—specifically the majority of landowners—will have a say in requesting such changes through the Executive Council of the Planning Authority.

Any proposed changes will still be scrutinised by parliamentary committees, ensuring transparency and oversight while empowering communities to participate actively in planning decisions.

Renewing expired permits

The so-called “revival of expired permits” measure was introduced during the COVID-19 pandemic to allow permit holders to continue their projects after pandemic-related restrictions. I have publicly expressed willingness to rescind this provision if the ongoing public consultation showcases reservations regarding the redistribution of this authority within the permit-issuing hierarchy.

Relevance of local plans

A key aspect of the proposed amendments concerns the legal weight of local plans. These policies, created under a 1992 structure plan with drafting beginning in 1988, form the foundation of Malta’s spatial development framework. When newer plans—such as the Spatial Plan for the Environment of Development (SPED)—are approved and supersede older local plans, the latest policies should take precedence, especially when aligned with current planning objectives.

This approach ensures that planning remains relevant, flexible, and responsive to contemporary needs, rather than rigidly adhering to decades-old policies.

Environmental and health considerations

Some critics claimed that planning decisions might no longer consider environmental or public health impacts. This is false. Environmental Impact Assessments (EIAs) and social impact assessments will continue to be required for projects, as mandated by directives. These evaluations are integral to responsible planning and environmental protection.

Moving Forward

While these reforms represent a significant step forward, they are not final. The government remains dedicated to ongoing dialogue and refinement of legislation to serve Malta’s public interest, safeguard the environment, and meet modern needs.

Constructive engagement and factual understanding will guide the evolution of these reforms, ensuring Malta and Gozo benefit from a resilient and transparent planning system.