Updated | Two weeks’ consultation period on MEPA split

A document on the setting up of a Development Planning Authority was launched this evening for consultation by Environment Minister Leo Brincat and parliamentary secretary for planning Michael Farrugia.

The document will be up for consultation for two weeks only, a fact that generated instant criticism from the president of the Chamber of Architects, Stephen Farrugia, who said the time allowed for the consultation period was too little.

According to Farrugia, consultation has already taken place during the drafting of the document.

Nationalist MPs Charlò Bonnici and Ryan Callus were also present.

Flanked by planning consultant and architect Robert Musumeci, and environmental consultant Ian Stafrace - formerly MEPA chief executive - the two ministers explained that the legislation to allow the split of the Malta Environment and Planning Authority would start being discussed in parliament in the coming weeks.

New authority

Following the split, the Malta Resources Authority will merge with the Environment Authority, to become the Environment and Resources Authority (ERA).

The consultation document, ‘For an efficient planning system’, contains no less than 100 proposals which aim at the setting up of a one-stop-shop responsible for the issuing of planning permits related to land use. This authority will be known as the Development Planning Authority (DPA).

The DPA will host three boards: the Planning Board, the Building Regulations Board and the Sanitary Board.

The planning board will ultimately be responsible for issuing land use related permits while the building regulations board should be responsible of the issuing of energy performance certificates and monitoring of structural safety. “These still lack a proper administrative setup today,” Farrugia said.

A "sanitary board" will replace the current General Services Board, whose role is to monitor those development applications failing sanitary endorsement during the application process.

An executive council will be set up and will be composed, ex officio, of the chairpersons of the three boards. “The council will be directly responsible from the day to day monitoring and policy functions of the authority. Moreover,t he council will ensure that administrative procedures link effectively to other legislation in all government areas,” Farrugia said.

The plan is to also simplify what was described as a “highly complex system” governing application processes.

“We are, for instance, introducing a fast-track application framework procedure whereby development proposals conforming to policy requirements within the development zone may now be approved within a month from validation date,” he said.

This would be subject to a third-party appeal before an independent tribunal.

Applications which are not eligible under the fast-track framework shall remain subject to a 30-day consultation period, during which a number of statutory external and internal consultees and interested third parties will be invited to put forward their recommendation.

The Planning Board will retain the power to overrule any recommendation on the part of all internal and external consultees.

All planning decisions, including revocation of permits, will be subject to an appeal before an independent Environment and Planning Tribunal. This will be set up under an independent legislative act.

Appeal tariffs will be drastically reduced in order to enable a wider access to justice to third parties and NGOs.

A monitoring unit will also fall under the Executive Council. This would act as a single point of reference to the monitoring of all listed permit conditions.

Apart from these proposed changes, the consultation document also identifies several other legislative aspects aimed at providing a one-stop-shop for planning and land use.

Environment Minister Leo Brincat said the split of the Malta Environment and Planning Authority was in line with the Labour Party’s electoral pledge for an efficient planning system, that was initiated right after government took office in 2013.

“This is not only about an efficient planning system, but a holistic reform that will seek a balance between conservation, environment protection and sustainable development,” Brincat said.

The minister said this concept should bind the government of the day in every measure to be legislated.

The merger between the Environment Authority and the Malta Resources Authority will be gradual: there will first be the split of the Environment and Planning Authority, followed by the merger between the Environment Authority and the MRA.

The Environment Authority will also be given a vote on the Planning Board, a board which will give environment NGOs the power to both vote and speak at board level.

Brincat also defended his choice not to appoint a director for the Environment Directorate, insisting that he shouldered the full political responsibility for this decision.

“I didn’t feel it was fair to appoint a new director before MEPA was split. As things stand today, MEPA today falls under a different ministry with a board of directors answerable to a different minister,” he said.

He added that he wanted a director for the environment that truly had the environment interest at heart.

Intervening during the debate, environmentalist Alfred Baldacchino said the proposed changes felt like “winds of change” but he warned that environment matters could not be the sole responsibility of the Environment Minister.

“Cabinet members and social entities should pull one rope in ensuring that the environment is being protected,” he said.

He went on to add that he felt that the DPA could “wash its hands off environment matters”.

“No politician or consultant can give a guarantee or forecast how members sitting on the planning board will vote. But there are clear guidelines delineating a hierarchy of plans which members have to follow,” architect Robert Musumeci said.

Echoing Musumeci’s comments, Michael Farrugia said ultimately, it was the responsibility of the board members to ensure that the environment was being safeguarded. “It’s all about having competent persons who take informed decisions,” he said.

On his part, Leo Brincat said one should imagine how stronger the environment position would be if the Environment Authority were to take a formal public position against a project. “Taking a position contrary to what an authority is taking has more weight than if it had to be one individual,” he said.

Din l-Art Helwa President Simone Mizzi said the environment NGO wanted “the minister to protect the environment” after it was clarified that the Environment Authority could now appeal planning decisions before the Tribunal.

Mizzi voiced her opposition to the Tribunal, as opposed to the ministry or the Environment Authority, to have the ultimate say.

“I don’t know how the environment will be cared for with just one seat on the board,” Mizzi insisted. “We want the minister to protect the environment”.

Retorting that the country was not a dictatorship, Farrugia said that currently nothing existed that allowed the environment branch of the authority to appeal planning board decisions.

“We are creating something which today doesn’t exist, allowing the Environment Authority to challenge decisions taken by the planning board and yet, it is being criticised,” Farrugia said.

But Mizzi turned to Leo Brincat asking him whether he was “happy” with having just one voice out of a board made of 16 seats.

“Hand on heart I say that yes there is going to be an improvement, especially with the right given to the Environment Authority to externalize its concerns and criticisms,” Brincat replied.