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MALTATODAY 3 AUGUST 2025

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10 maltatoday | SUNDAY • 3 AUGUST 2025 OPINION & NEWS Clint Camilleri Getting the planning reform facts right Minister for Planning and Gozo CHANGE often elicits diverse reac- tions and the ongoing discussions surrounding the proposed amend- ments to Malta's planning legisla- tion are no exception. As these bills enter parliament, several miscon- ceptions have emerged. To ensure an informed understanding, it is es- sential to clarify the facts rooted in the legislation itself. Revisiting the appeals process One common misconception concerns the scope of the appeals process. Some have claimed that appeals will only be possible on le- gal or technical issues during the objection phase, which is incorrect. In reality, anyone who registers an objection within 30 days can modify their objections—adding, amending, or revoking them—each time plans change. After a technical report is issued, they have an additional 10 days to do so, forming the basis for appeals to the Environment and Planning Review Tribunal (EPRT). Furthermore, objections concern- ing issues that were not evident during the application phase can be raised during the appeal process. This demonstrates that the process is not being weakened but rather strength- ened, providing more avenues for public participation and oversight. Concerns about fines for frivolous appeals should also be addressed. These changes aim to discourage un- founded appeals while still upholding individuals' rights to challenge deci- sions in court. The reforms do not eliminate the right to appeal but seek to promote responsible use of the process. Judicial oversight and permit authority Critics have argued that the reforms diminish the judiciary's role. This is unfounded. The new law maintains the court's authority to revoke or annul permits, and the tribunal is obliged to follow these court orders, as stipulated in Article 51. When courts revoke decisions, permits are rescinded immediately, reinforcing judicial oversight rather than dimin- ishing it. Building heights and zoning changes One notable amendment involves shifting certain powers of local au- thority from the minister to the public. Currently, the minister con- trols change to building heights and zoning, including the reclassification of land from Outside Development Zone (ODZ) to development zones. Under the proposed amendments, the public—specifically the majori- ty of landowners—will have a say in requesting such changes through the Executive Council of the Planning Authority. Any proposed changes will still be scrutinised by parliamentary com- mittees, ensuring transparency and oversight while empowering com- munities to participate actively in planning decisions. Renewing expired permits The so-called "revival of expired permits" measure was introduced during the COVID-19 pandemic to allow permit holders to continue their projects after pandemic-relat- ed restrictions. I have publicly ex- pressed willingness to rescind this provision if the ongoing public con- sultation showcases reservations regarding the redistribution of this authority within the permit-issuing hierarchy. Relevance of local plans A key aspect of the proposed amendments concerns the legal weight of local plans. These poli- cies, created under a 1992 struc- ture plan with drafting beginning in 1988, form the foundation of Malta's spatial development frame- work. When newer plans—such as the Spatial Plan for the Environ- ment of Development (SPED)—are approved and supersede older lo- cal plans, the latest policies should take precedence, especially when aligned with current planning ob- jectives. This approach ensures that plan- ning remains relevant, flexible, and responsive to contemporary needs, rather than rigidly adhering to dec- ades-old policies. Environmental and health considerations Some critics claimed that planning decisions might no longer consider environmental or public health im- pacts. This is false. Environmental Impact Assessments (EIAs) and social impact assessments will con- tinue to be required for projects, as mandated by directives. These evaluations are integral to respon- sible planning and environmental protection. Moving Forward While these reforms represent a significant step forward, they are not final. The government remains dedicated to ongoing dialogue and refinement of legislation to serve Malta's public interest, safeguard the environment, and meet modern needs. Constructive engagement and fac- tual understanding will guide the evolution of these reforms, ensur- ing Malta and Gozo benefit from a resilient and transparent planning system. Government remains dedicated to ongoing dialogue and refinement of legislation to serve Malta's public interest, safeguard the environment, and meet modern needs CONTINUED FROM PAGE 1 Though the court later ruled in the activists' favour, Bonello point- ed out that the new legislation ap- pears to eliminate the possibility of such appeals being made. "This is not a planning law issue, but one of common sense and nat- ural justice," she added. The government has promoted the bill as a step forward, saying it will suspend development dur- ing appeal procedures. This was a promise made Prime Minister Robert Abela in 2023 and one that activists had long been clamouring for. But Bonello dismissed this posi- tive development as a distraction. "It's as if the government is giving you a cherry, but dipped in poison," she said. She described the bills as vindic- tive and dangerous, arguing that it undermines fundamental rights un- der the guise of reform. 'Like a cherry dipped in poison' Claire Bonello (Photo: James Bianchi/MaltaToday)

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