Issue link: https://maltatoday.uberflip.com/i/1538322
MICHAEL Stivala refutes any sugges- tion that the proposed overhaul of plan- ning rules is aimed at accommodating property developers like himself. Stivala, who leads the Malta Develop- ment Association, a lobby group for de- velopers and construction companies, insists the proposed laws affect every- one, "from tower developers to appli- cants for washrooms". "There are so many people out there who apply for a small thing like a wash- room and end up facing neighbours' capricious objections and spend years waiting to build it," he tells me as we sit down for a longish chat, along with Kam- ra tal-Periti President Andre Pizzuto. But when I point out that NGOs nev- er object to washrooms, and that it is unlikely for ordinary citizens to spend hundreds of euros in appeal fees over such petty developments, Stivala insists otherwise. "There are many cases of ca- pricious appeals presented by resentful neighbours… just talk to people who come in contact with the Planning Au- thority," he says. While conceding that there are "gen- uine" objectors, including NGOs that base their appeals on policy grounds, Stivala maintains that the present sys- tem leaves applicants at the mercy of neighbours' "blackmail for a few hun- dred euros". Yet, Stivala still gives the impression that he is not fully behind the reform proposed by the government, especially the bill which stops works during ap- peals. In fact, in its initial statement meant to counter the NGOs' claim that the legal changes represent a "developers' wish-list," the MDA had described this change as one which un- dermines legal certainty and discourages invest- ment. But when I ask whether it is not absurd for works to continue on projects like enormous ODZ swim- ming pools or extra apart- ment floors only for courts to later declare them il- legal, Stivala does not di- rectly defend the practice. Instead, he calls the proposed overall changes "fair", arguing that the present system is open to blackmail and "allows for hundreds of capricious objections". Stivala substantiates his claim by re- ferring to individuals whose sole contri- bution during the planning process is to declare an "interest" in the case without stating any objection. Today, these in- dividuals are eligible to appeal despite not stating their objection. This will no longer be possible with the proposed amendments because appeals will be limited to policy objections presented at the initial stages and after the publica- tion of the case officer report. When I point out to him that the vast majority of permits revoked by the law courts involve large-scale developments, and that NGOs' arguments are always based on policy and far from ca- pricious, Stivala replies that from 12,000 annual plan- ning applications, only a few are revoked by the courts. He says that because of a few applications which are cancelled, it does not mean that "everyone should suffer". Consultation before bill was presented Both Stivala and Pizzuto confirm they were con- sulted on Bill 144, the reform linked to the planning appeals system, but not on Bill 143, which overhauls planning laws. Stivala says the prime minister's dec- laration two years ago about stopping works pending appeals had triggered discussions and from the very start the MDA had insisted that such a reform would not be acceptable unless the ob- jection system was also changed. But Stivala is less categorical about the wider overhaul of planning rules. "We only had discussions in which we pre- sented them with the reforms which we would like to see… I only learned from someone else that the two bills had been tabled in parliament. We were surprised by this," he says. He neither denies nor confirms that in- dividual developers were in the loop. When asked whether the government is using the appeals reform as a pretext to push for a large number of unrelated changes, KTP president Andre Pizzuto will not speculate on government's in- tentions. But he admits having preferred "proper and open consultation" before the bills' presentation in parliament. While fully consulted on the appeals reform, KTP "had no idea" about the planning overhaul, though Pizzuto notes prior discussions with the PA on issues such as extending the validity of permits in view of new bureaucratic require- ments related to construction regula- tions. 6 maltatoday | SUNDAY • 10 AUGUST 2025 INTERVIEW Neighbours' blackmail, washrooms, Malta Development Association President Michael Stivala and Kamra tal-Periti President Andre Pizzuto sit down with James Debono to discuss the proposed changes to planning rules and who stands to benefit from them "My fear is that we are getting lost in a system where planning is done through applications while the environment is safeguarded through objections." Michael Stivala