Government opens public consultation after planning reform backlash

The government has opened a public consultation process on the planning reform bills tabled in parliament after receiving backlash from green NGOs.

The public consultation will remain open until 7 September, while an inter-ministerial committee has been set up to meet NGOs and receive feedback from them.

Two legal notices providing for an amnesty for illegal buildings against the payment of fines—either through regularisation or the grant of a concession—have also been published for the first time for public consultation.

The inter-ministerial committee will be chaired by the head of secretariat at the Office of the Prime Minister, Mark Mallia, and will include ministers Ian Borg, Clint Camilleri, Owen Bonnici, Jonathan Attard and Miriam Dalli. The committee will also include the civil service head Tony Sultana and Cabinet Secretary Ryan Spagnol.

The two bills—Bill 143 and Bill 144—amending the laws regulating the planning process and the appeals process, respectively, were published on a Friday afternoon two weeks ago. The legal notices covering regularisation were not released until today.

The proposed amendments were heavily criticised by environmental organisations with activist lawyer Claire Bonello calling them “an exercise in malice”. The proposals among others give planning boards discretionary powers to ignore policies, suspend permits while they are being appealed, and strip the court’s power to revoke a permit outright.

READ ALSO | Claire Bonello: ‘Planning bills take Malta back to feudal times’

However, on Thursday, Mark Mallia denied that the consultation process was a reaction to the backlash received. He insisted that after the bills were tabled, the prime minister had said consultation will take place.

But Mallia could not answer as to why the two legal notices providing for regularisation of illegal buildings were not published with the bills a fortnight ago. He also insisted that the regularisation process was not an amnesty because applications will be reviewed individually and applicants would have to pay hefty fines.

Asked whether the government had any red lines in the consultation process, Mallia insisted the “spirit of the bills was not negotiable” but the committee will be gathering feedback and propose changes to the bills if this is felt necessary.

“We believe these bills are the best version but if there are any doubts and concerns, we will listen and take everything into consideration,” Mallia said.

Planning Minister Clint Camilleri added: “The spirit of the laws being proposed is not negotiable but there are various clauses that can be interpreted differently and if we are convinced that changes respect the spirit of the reform, we are willing to amend the bills,” Camilleri said.

The minister said the reform seeks to remove ambiguities, introduce clarity and discipline into the planning process. He hinted that the reduction of the appeal period to 20 days from 30 days was something the government was willing to reconsider. However, he defended the proposed discretion that will be given to the planning boards to deviate from policies, insisting it could be used to protect rows of terraced houses that could otherwise be replace by five-storey buildings if the local plans are applied.

PA CEO Johann Buttigieg said no prior formal public consultation took place on the bills but they were drafted on the basis of feedback that ministers and PA officials had been receiving over many years.

The inter-ministerial committee will analyse all feedback received and report back to Cabinet. Any changes to the proposed bills will then take place when the parliamentary process continues.

Regularisation and concessions

Buttigieg explained that illegal developments built before 1994 on land located Outside the Development Zone (ODZ) are eligible for regularisation. Any illegal developments built before 2016 within the development zone are also eligible for regularisation.

Illegal developments that took place between 2016 and 2024 will be eligible for a concession. Any illegal developments after 2024 will not be eligible for either regularisation or a concession. Owners will have four years to apply.

Buttigieg said a concession will not be a permit and cannot be used to justify any future additional development. He explained that if the person carries out an illegality after a concession has been granted, the concession will be withdrawn and everything will be declared illegal again.

The government's consultation website can be found here.