Issue link: https://maltatoday.uberflip.com/i/1537976
2 maltatoday | WEDNESDAY • 30 JULY 2025 NEWS CONTINUED FROM PAGE 1 Moreover, under the cur- rent law, 'minor modifica- tions' for planning control applications explicitly ex- clude changes in height limi- tation. The proposed reform revises this definition to in- clude "changes to height lim- itations". This means the PA Executive Council can now address modifications related to building heights through the less rigorous framework of planning control applications. This means that a private developer can now present a zoning application which pro- poses building heights that may be higher than what is enshrined in the local plan. But the proposed reform al- so allows the PA itself to take the initiative and change the building heights. The Exec- utive Council will be granted the power to initiate Planning Control Applications on its own steam. Previously, the authority (which includes the Executive Council) was not considered as "any person" who could submit a planning control application. The reform pro- poses to amend this by ex- plicitly stating that the Exec- utive Council may, of its own motion, initiate and carry out such planning control appli- cations. This grants the Exec- utive Council a proactive role. Land use classification in the ODZ Apart from building heights, the proposed reform also fore- sees that changes to land use classification can be approved through planning control ap- plications even in ODZ areas. Presently, Article 54(2)(b)(ii) of the planning law explicitly excludes "changes in zoning of a site which lies in an Outside Development Zone or which is within the Development Zone but not designated for the purpose of development" from being considered under the regime of "minor modifi- cations". This means that as things stand today, planning control applications cannot be used for zoning changes in ODZ areas. But the new Article 54(2) re- defines "minor modifications" to include "the introduction or alteration of zoning desig- nations within the local plan, including changes to height limitations and land use clas- sifications". When asked about this change PA Chief Executive Johann Buttigieg replied that the proposed revision is meant for applications for new areas of containment in the ODZ, where industrial and com- mercial development can be allowed. But the bill tabled in parliament does not limit changes in zoning in the ODZ only to areas of containment. Power to issue 'interpretive' circulars Moreover, the proposed re- form also grants the Executive Committee the power to issue "interpretative circulars". The bill introduces a new article at law (51A), which empowers the council to issue circulars from time to time to provide guidance, instructions, or clarification on the interpre- tation or application of any provision in applicable laws or policies. This power allows the Exec- utive Council to directly influ- ence how policies are inter- preted and applied in practice. This adds up to the discre- tionary power given to boards to deviate from established policies by taking a contextual approach. What is the Executive Council? The Planning Authority's Executive Council is chaired by the executive chairperson, presently Johann Buttigieg, who is appointed by the gov- ernment for three years. It also includes two permanent members who serve as the chairperson and deputy chair- person of the Planning Board; two additional permanent 'in- dependent' members appoint- ed directly by the minister for a three-year period, and two members appointed by the Environment and Resources Authority (ERA). In meetings of the Executive Council, the executive chair- person, or in their absence, the acting executive chairper- son, has an original vote and a casting vote in case of a tie. The committee presently has the power to determine zoning applications and to determine applications to de-schedule properties. Its powers have now been widened to initiate zoning applications. New discretionary powers when renewing permits While the current law states that new plans and policies would be taken into account for permit renewals unless the site was already committed by the original permit, the pro- posed changes introduce sig- nificant discretionary power. The Planning Board may, "in its discretion and on the basis of justified spatial, architec- tural, or contextual consid- erations, decide to renew the previously approved permis- sion notwithstanding such changes" in applicable plans or policies. This gives the board flexibil- ity when considering renewal applications despite any pol- icy changes that would have happened in the meantime. It also means that a develop- ment which contradicts pol- icies which came into force after the original permit was issued can still be renewed. PA's council will have the power to ignore local plans and set new building heights Activists protested on Monday outside parliament against the planning reforms (Photos: James Bianchi/MaltaToday)