University academics call on government to withdraw planning bills

Academics from the University of Malta have called on the government to withdraw two planning reform bills and related legal notices, warning that the measures would give unprecedented powers to the Planning Authority and curtail citizens’ access to justice.

In July, the government tabled Bills 143 and 144 in Parliament, describing them as an overhaul of Malta’s planning system. Critics argue the reforms would have sweeping consequences for daily life in Malta and Gozo, as well as for the environment, economy, culture and public health.

Bill 143 would grant wide discretionary powers to a small group within the Planning Authority, allowing them to amend zoning in local plans, override higher-level planning documents and disregard environmental and sanitary considerations. The legislation would also empower the minister to reinstate expired permits and introduce the concept of “vested rights” in planning, which academics said could cause irreversible damage and hinder future safeguards.

Bill 144 would significantly restrict citizens’ ability to appeal planning decisions, according to the statement. Among its provisions are requirements that appellants cite only grounds raised during the application stage, new powers for the Environment and Planning Review Tribunal to alter approved applications during appeals, and the authority to impose unappealable fines for so-called “frivolous or vexatious” appeals. The bill would also strip courts of their ability to revoke irregularly issued permits.

Alongside the bills, the government issued three legal notices that would effectively grant amnesties for different forms of illegal development. These cover regularisation inside and outside development zones, as well as a concession certificate recognising the existence of illegal developments without conferring full planning permission.

Academics criticised both the content and process behind the reforms. They said the bills were tabled without public consultation, and only a “perfunctory” process followed in August and September after widespread outcry. No studies were presented to demonstrate the reforms’ necessity or assess their potential impacts, they added.

“We urge government to withdraw the two bills and three legal notices and to issue a white paper on planning reform, employing a process of genuine consultation and studies that pave the way for the right laws and policies to be put in place for the public good,” the statement read.

The academics also endorsed the demands of the campaign group Ġustizzja għal Artna, including the immediate withdrawal of the bills and legal notices, and a moratorium on works approved by the Planning Authority while appeals are pending.