WATCH | No rush to approve planning reform, minister says

Planning Minister insists he is in listening mode and hints he feels no urgency to approve new bills before summer recess • Minister also claims that the proposed context-driven approach could be used to protect rows of terraced houses

Planning Authority Chief Executive Johann Buttigieg cited concerns about land speculation impacting property values as one of the reasons why the proposed overhaul of the planning system was not issued for public consultation.

Buttigieg was addressing a press briefing alongside Planning Minister Clint Camilleri. 

“This is a matter which impacts the price of property, and we wanted to avoid speculation on a matter where many have financial interests,” Buttigieg said when asked by MaltaToday about the indecency of not issuing the changes for public consultation as normally done on other planning policies.

He also made a distinction between consultation on new policies—which must go through three rounds of public consultation, including within Parliament’s Standing Committee on Planning—and a bill tabled in Parliament where no such requirement exists.

For his part, Planning Minister Clint Camilleri insisted that he is in listening mode and did not exclude changes. While confirming that he has not consulted NGOs on the changes he cited the reduction of the time NGOs have to present an appeal from 30 to 20 days as something the government could consider changing.

When asked whether the new law would be approved before the summer recess, Camilleri insisted that “the discussion will take as much time as required” and that he is not restricted by limited timeframes. He also stated that he feels no obligation to approve the law before Parliament’s summer recess.

“My ears are wide open to what is being said by the public… Nothing is cast in stone. Dialogue with citizens will continue.”

But Camilleri was evasive when asked whether the Malta Developers Association had been consulted on the parts which go beyond the reform of the appeals system—the only part of the law issued for consultation.

Camilleri insisted that the aim of the legal changes is to introduce legal certainty, even if NGOs have criticised the new system, which includes discretionary powers for boards to deviate from policy, as one that reduces legal certainty.

Camilleri also insisted that these discretionary powers, as well as other changes, will give boards more leeway in protecting neighbourhoods characterised by two-storey terraced houses, where the current local plan (translated into metric heights in 2015) allows five-storey blocks, but the context remains one of low-rise buildings.

However, Camilleri also stated that the context-driven approach would give more freedom to architects proposing high-quality iconic buildings.

He also insisted that the increase in daily fines included in the new law will act as an effective deterrent against illegal developments.

“We cannot remain with a planning system of the past which ignores realities that were being swept under the carpet. We are taking the bull by the horns by increasing deterrents against illegalities through a fortyfold increase in daily fines.”

He stressed that the crux of the reform is the importance of context, adding that the local plans approved in 2006 no longer reflect current realities.

“Policies were made on the basis of desktop studies. Now the context of the streetscape will be respected. For example, the context of two-floor terraced houses will be respected through this reform. They will be able to deviate from policy to do so to respect the context.”

Johann Buttigieg gave an overview of the changes and provided various justifications. “We are making a clear distinction between owners and occupiers in a way that the owner will not be held liable for illegalities committed by the occupier if he had taken all steps to stop the illegality.”

As regards the hierarchy of policies, he confirmed that the most recently approved policy will prevail over previous ones, including the local plan.

He also confirmed that both the applicant and the PA itself will be able to present zoning applications to modify building heights—something not allowed under current legislation.  He also explained that they could present applications to designate new areas of containment  (a land use classification permitting industrial and commercial development in the ODZ).

He further confirmed that reversible temporary structures not visible from a road will no longer be considered illegal development.

As for the minister’s power to extend the validity of permits, he framed this reform in reference to what happened during the pandemic, describing it as a power restricted to similar national emergencies.

He explained the need for a separate law regulating procedures in the EPRT and the digitisation of the process, adding that this is the first time the Court of Appeal will have a digital process through which people can appeal.

Asked by MaltaToday whether the decision to stop the courts from revoking permits confirmed by the EPRT betrays a fear of the judiciary—which over the past years has revoked a number of permits, including that for the original DB project in Pembroke—both the PA CEO and the minister insisted that the court can still annul a decision of the EPRT and send it back to the same tribunal, which will be obliged to obey the guidance of the law courts.                                                                                 

Camilleri insisted that his main priority is to ensure that the reform of the appeals system will avoid situations where families end up buying properties whose permit is annulled by the courts, and that the whole aim of the exercise is to create a level playing field between appellants and applicants.