WATCH | Jonathan Attard defends planning enforcement as illegalities remain standing

Planning Minister Jonathan Attard has defended the Planning Authority’s handling of illegal structures, stating that the authority is following legal procedures in enforcement cases.

This comes after an enforcement case involving a villa in Armier remained unresolved months after demolition began, while an illegal structure outside Piccolo Padre in Sliema was only partly removed.

“The authority always reserves its position until remedial works are carried out to the satisfaction of the enforcement notice,” Attard said, defending the authority’s approach to enforcement.

Asked about the structure outside Piccolo Padre on The Strand, Attard said the authority acted after receiving a report and issued an enforcement notice warning that it would escalate proceedings if those responsible failed to comply.

The Planning Authority confirmed on 6 October that the tent, tables and chairs occupying public land had been removed. However, the enforcement notice remains in force until the site is fully restored to its original state and all outstanding requirements are met.

The case involved a retractable awning extending over the pavement and partly over the carriageway, supported by a pillar positioned within the road area. The enforcement notice issued to developer Carlo Stivala also covered tiles laid over part of the road surface beneath the canopy and planters placed around its perimeter.

The structure had sparked public outcry over the occupation of public land, pedestrian access and road safety. Sliema local council had objected to the development, while Moviment Graffitti had threatened direct action if the structure was not removed.

Attard said further steps in the enforcement process had to follow the timeframes set out in law, allowing the authority to escalate its action where necessary. He added that other authorities were also following the Sliema case because it involved the occupation of public space by tables and chairs linked to a food establishment.

However, the minister’s defence of enforcement comes amid questions over the Planning Authority’s handling of an illegal villa in Armier, which remained practically intact three months after demolition works began.

Photographs taken by MaltaToday on 25 September showed the villa still standing, despite the authority having issued an enforcement notice after the development was reported in June. Demolition works began on 16 June, but the Malta Ranger Unit said this was the only occasion on which such removal works took place.

The enforcement notice required the Armier site to be restored to its original state within 16 days. Mellieħa mayor Gabriel Micallef had called on the authority to enforce its own notice, saying works had continued despite the order.

Asked about the Armier case, Attard said action had been taken and that part of the structure had been removed or was due to be removed. He insisted that the authority could escalate its action if the remedial works failed to satisfy the requirements of the enforcement notice.

He also pointed to the role of appeals in planning enforcement, saying some people had appealed against decisions. While defending the right of organisations to appeal, he maintained that regulatory authorities had started the process needed to address the illegal structures.

The cases have raised questions about whether enforcement action is sufficient to prevent people from building without permission and then seeking to have their developments sanctioned.

Asked whether planning policy should change to prevent this practice, Attard said he did not agree with anyone building without the necessary planning permits.

However, he said reform of the planning system remained necessary, pointing to changes to the planning appeals process as one of his early priorities as minister.

Attard said the reform had been under discussion for some time and that work had been carried out during the early days of the legislature to move the process forward. He added that stakeholders from different sides of the sector had reacted to the proposals, but that the reform was now due to make it through the parliamentary process.

The minister described the appeals reform as the first part of a wider programme of changes, saying further reforms to the planning sector would also be needed.