Planning appeals reform still in the making

Planning Authority CEO Johann Buttigieg had promised in March that a reform to the planning appeals system will be in place within three months.

This self-imposed deadline will lapse by the end of the month but as yet no such reform has been announced.

A PA spokesperson confirmed that the revision of the law regulating planning appeals has “been completed”. But an assessment is still ongoing to determine how the tight timeframes will impact the courts.

“The revisions of the Act have been completed, and we are currently ensuring that the courts will be capable of meeting the timeframes that are to be included in the proposed Act,” the spokesperson said.

The reform will ensure a pause in work on projects that are under appeal. This will prevent the erection of structures whose permits are later revoked by either the Environment and Planning Review Tribunal or the law courts.

“I want to ensure the prime minister’s proposed appeals reform is enacted within three months,” Buttigieg had told MaltaToday last March.

Buttigieg had said the reform would pause work on projects appealed by NGOs and other entities for four months.

The pause would apply while the EPRT makes its decision. If the EPRT’s decision is further appealed in court, the suspension would be extended by an additional three months.

Currently, appeals are rarely resolved that quickly, with some taking over a year to be decided.

The reform of the appeals system has been under discussion since May 2023, when the prime minister first proposed it in his Workers’ Day speech. In September 2023, Cabinet approved a draft reform and launched a public consultation.

Environmental NGOs warned against putting additional pressure on the institutions dealing with appeals by imposing tight deadlines, while developers and architects argued in favour of strict timeframes to avoid unnecessary delays.

Gozo PN Candidate Luke Said calls for a stop to construction during appeals

In response to delays, Gozo PN Candidate Luke Said has called for an immediate halt to construction on development permits that are currently under appeal

“This is absurd, and it must end,” he said in a statement on Tuesday morning. “We deserve a planning system that is just, transparent, and accountable.”

He said that he is calling for a stop to construction during appeals, no retroactive approval of illegal works, and full respect for tribunal and court rulings

Said warned the current system creates a lose-lose situation: “Appellants may win their case only to find the development already built, while developers face legal uncertainty.”