MEPA reversal over anonymous changes to local plans, a victory for transparency

The Malta Environment and Planning Authority has reversed its decision not to publish the names of individuals or organisations which submit representations or proposals for the new local plans.

The decision to grant anonymity to anyone proposing changes to the local plans was revealed by MaltaToday in July and was questioned by the Data Protection Commissioner in comments he made to MaltaToday a month later.

"In the interest of retaining the same high level of public scrutiny and transparency, MEPA has reconsidered its decision not to publish the names of individuals or organisations who submit representations or proposals for change in any land use or policy review," a spokesperson for MEPA told MaltaToday.

The Authority confirmed that for the local plan review and the current on going policy reviews, the names of individuals or organisations which submit representations would be published with the approved policy document.

In July MEPA cited "data protection" as the justification for this change in policy, which would have given developers the opportunity to propose changes to their own advantage, without 'showing their cards'.

The startling announcement was made during a presentation by MEPA as it launched public discussions for the forthcoming changes to the local plans - the guides to all decisions related to planning applications. Initially MEPA's intention was to publish the reference number given to each submission - and not the name and surname of the person making the comment or submission.

But the publication of the names of the architects and companies proposing changes to Malta's local plans was deemed not to be in breach of privacy rules by the Information and Data Protection Commissioner, Joseph Ebejer.

MEPA is obliged by law to take into account all submissions in the various phases of consultation and give a reply to each request or comment. MEPA is also obliged by law to publish the gist of every request and comment, as well as the response thereto.

Environmentalists Din l-Art Helwa had also criticised this decision, insisting that MEPA's previous practice should remain: all persons and organisations that make submissions during the consultation period should be identified and not be permitted to remain anonymous.

On all previous occasions, for local plans and others subject to public consultation, the names of companies and citizens submitting proposals were published alongside MEPA's response. These included the names of architects and developers who had proposed changes and had a vested interest in developing particular parcels of land. This transparency enabled the media and NGOs to question the motivation behind the inclusion of particular plots of land in development zones or in areas with relaxed height limitations.

The MEPA website still includes the names of citizens and companies who made submissions during the process leading to the approval of the 2006 local plans and related plans like the Planning Policy for Ta' Masrija in Mellieha, the Ta' Qali Action Plan and local plan revisions related to the Marsa Sports Ground. MEPA also recently published the names of citizens and companies which had sent their comments on the proposed height limitation policy for hotels.

Most submissions on past plans were made by developers.