Issue link: https://maltatoday.uberflip.com/i/1537913
THE government has published Bill 143 and Bill 144, which pro- pose several changes to the plan- ning system, including the appeals tribunal. The following are the salient features of what is being proposed. Discretionary power of boards The Planning Board will be able to make decisions that deviate from existing policies based on spatial, architectural, or contextu- al considerations. These justifica- tions will not constitute an error of law. Hierarchy of policies Any earlier planning policy doc- ument shall be interpreted and applied in alignment with the provisions of the most recently published document in the hier- archy. This means that any poli- cy approved after 2006 will take precedence over the local plans. Redefining illegal works The new cut-off date for deter- mining historical illegal works without a development permit will increase from the year 1967 to 1978. PA power to change building heights Planning Authority will be given power to change building heights through the planning control ap- plications process which currently excludes such changes. This falls under a proposed new definition of what a minor modification is. Power to revive expired permits The minister will have the pow- er to revive expired development permits. Today, the minister can only renew the validity of permits that have not yet expired. Appeals tribunal The planning tribunal must de- liver its final decision within five months in cases presented by third parties during which works are suspended, and within one year in appeals filed by the appli- cant. Appeals court A tribunal decision appealed in front of the law courts has to be decided in five months during which works will remain suspend- ed. Restricted grounds of appeal The grounds of appeal will be strictly limited to concerns al- ready raised during the planning process, unless it can be proven that the issue could not have been reasonably foreseen at that stage. 10-day time window for objections A new proviso allows objections to be filed up to 10 days after the publication of the case officer re- port. Frivolous appeal fine The tribunal will be empowered to impose a fine of up to €5,000 on an appellant if it declares an ap- peal to be frivolous or vexatious. This decision is final and cannot be appealed in court. 20-day time limit for appeals An appeal will have to be filed within 20 days of a planning de- cision being published, instead of the current 30 days. A similar 20-day window will be available to appeal in court a decision taken by the Environment and Planning Tribunal. Limiting permit revocations The tribunal's factual determi- nations are deemed final and not subject to review by any court, except for questions regarding the legal correctness of decisions based on those facts. This means courts cannot re-evaluate the facts of a case, only how the law was applied to those facts. The Appeals Court will be unable to directly revoke a permit but will only have the power to confirm or annul the tribunal's decision. If the Appeals Court annuls a deci- sion, it is required to refer the acts of the proceedings back to the tribunal for a fresh decision that must be made in accordance with the legal parameters established by the court. Permit suspension For appeals filed by third par- ties before the Appeals Court, the development permit is initially suspended. If the court fails to deliver a final decision within five months, the permit will no longer be deemed suspended. Any work executed after this five-month pe- riod, and before the court's final decision, will not be affected or in- validated by the appeal's outcome. Tribunal members Members of the tribunal will be appointed by the President upon the advice of the Prime Minister and hold office for a term of 10 years, with the possibility of reap- pointment for an additional five years. Increase in daily fines Daily fines for non-compliance with enforcement notices, which have not been appealed or com- plied with, have been increased from a maximum of €50 per day to not more than €2,000 per day. 4 maltatoday | SUNDAY • 27 JULY 2025 NEWS ANNOUNCEMENT OF CALLS FOR PROJECT PROPOSALS UNDER Common Agricultural Policy (CAP) Strategic Plan for Malta 2023-2027 The Ministry responsible for European Funds is launching a call for project proposals as indicated hereunder: I78.2.1 Knowledge exchange and dissemination of information: Support for the use of Advisory Services The first batch of this call will close on Friday 19 th September 2025 at noon, (additional subsequent closure dates may be notified for this call on the website https://fondi.eu/ Prospective applicants are encouraged to refer to https://fondi.eu/ to access the CAP Strategic Plan, as well as the Guidance Notes and the application form related to this call. An Information session will be held; one can register their interest to attend this info-session by Friday 8 th August 2025. To register for this info session and/or for further information, kindly access the below QR Code or call SEM on 2779 7300. Further queries are to be sent by email on fondi.eu@gov.mt Loosening the planning screws: The salient changes Moviment Graffitti spray-paint Joseph Portelli's illegal Qala swimming pool