Issue link: https://maltatoday.uberflip.com/i/1544378
mt SURVEY 11 maltatoday | SUNDAY • 12 APRIL 2026 ANALYSIS planning maladies obstructed. The Planning Board unani- mously rejected the proposal, ruling that only awnings and umbrellas are permitted within Valletta's urban conservation ar- ea. The refusal was subsequently upheld on appeal by the Envi- ronment and Planning Review Tribunal. But Arkadia presented a new application to erect um- brellas instead of the canopy and this is still pending. Moreover, an appeal against the original en- forcement order is still pending with the next sitting due later on this month. Meanwhile, the ille- gal canopy still stands. PROHIBITION OF SANCTIONING IN THE ODZ NGO proposal The campaign proposes a ban on sanctioning illegal structures in ODZ constructed post-2008, except where minor amend- ments are justified. This is in- tended to reverse the "build now, sanction later" mentality that has dominated planning culture for decades. Historical context The Planning Act approved in 2010 included the Sixth Sched- ule, which not only banned any regularisation of illegal buildings in areas like Natura 2000 sites (irrespective of when these were constructed), but also banned the regularisation of any illegal structure located outside devel- opment schemes constructed after 2008. In short, anything in the ODZ which did not appear in aerial photos taken in 2008 could not be regularised. Subsequently, in a landmark sentence in 2014 the Environ- ment and Planning Review Tri- bunal concluded that Schedule 6 was retroactive, applying to any application even if presented be- fore 2011, putting in jeopardy a number of large-scale regulari- sation applications including the one filed by the Polidano Group for Montekristo Estates. The decision effectively reo- pened a can of worms, which was abruptly closed by Labour's counter-reform of 2015. This re- form removed Schedule 6 from the statute books, relegating it to the annals of history. Thanks to this change, the Planning Au- thority could start regularising major ODZ illegalities. Case studies High-profile sanctioned pro- jects as a result of the 2015 ac- tion include Arka ta' Noe Zoo in Siġġiewi (regularised in 2017), the Grotta Discotheque in Gozo (2024), and the Montekristo Es- tates (2010s–2026). The Plan- ning Authority is also faced with an application aimed at regular- ising extensions to the Arka ta Noe Zoo. These examples demonstrate how the removal of Schedule 6 in 2015 reopened the door to retro- spective approvals, undermining the integrity of ODZ protections. Over the years, the Environment and Resources Authority has often expressed its frustration over "the malpractice" of first carrying out ODZ development abusively and then expecting the regulatory authorities to retro- actively rubber-stamp a fait ac- compli. RECLASSIFY RATIONALISATION SITES BACK TO THE ODZ NGO proposal Lands removed from ODZ during the 2006 rationalisation exercise, which remain undevel- oped and are not yet legally com- mitted through approved appli- cations, should be reinstated as ODZ to protect agricultural, nat- ural, social, and historical assets from harmful development. Historical context The 2006 rationalisation under- taken by the Gonzi administra- tion, reclassified approximately two million square metres of ODZ land for development. The move was officially intended to "address anomalies" but was widely criticised for its environ- mental and social impact. Many large sites remain pending ap- proval years later, keeping farm- land and open space under threat. Case studies The Swatar Bypass site (115,000sq.m, presented in 2018) consisting of agricultural land is earmarked for extensive residen- tial and commercial development despite local council objections and flood concerns. Another large site at Valley Road (18,000sq.m) remains pend- ing but is being recommended for approval, with developers pro- posing underground reservoirs to mitigate flooding. These cases show how lands in- cluded in the rationalisation exer- cise and which as yet are undevel- oped continue to be a flashpoint between development ambitions and community and environ- mental interests, 20 years later, in a radically changed country. SUSPEND WORKS DURING APPEALS NGO proposal The campaign calls for a sus- pension of all works authorised under a development permit while appeals are pending before the Environment and Planning Review Tribunal (EPRT) and the law courts. This would decouple this simple reform from the con- troversial bills currently under consideration. At the same time, NGOs want reasonable deadlines to ensure timely resolution of disputes, al- lowing both developers and ob- jectors adequate opportunity to present their cases. Historical context Construction proceeding dur- ing pending appeals has long undermined the rule of law in Malta. Residents, NGOs, and lo- cal councils have repeatedly wit- nessed projects rise while legal challenges are still in progress, leaving communities without ef- fective remedies. Prime Minister Robert Abe- la himself conceded this in May 2023 during a Workers' Day speech, promising reform. Yet, what followed was nearly two years of procrastination. Cabinet approved a draft in September 2023, a consultation ran until November, and then nothing. By March 2025, Planning Authority CEO Johann Buttigieg public- ly promised action within three months—another deadline that quietly passed. Instead, Bill 143 and Bill 144, which went wildly beyond that mandate were tabled in parliament. Bill 144 did deal with appeals is- sue but even here, it narrowed the grounds for appeal. The Environ- ment and Planning Review Tri- bunal's factual findings would be- come final, with courts confined to points of law. Given that the tribunal's members are appoint- ed by the prime minister, this was immediately read as a curtailment of judicial oversight. Bill 143 went further still, granting planning boards unprecedented discretion- ary powers—the ability to override local plans, change zoning classifi- cations including ODZ land, and increase building heights. The prime minister has repeat- edly denied accusations of delib- erately delaying the reform ahead of an election. He also insisted that "there's no need to rush this process" and promised that the reform would not move forward in parliament without obtaining widespread consensus. If an election is called in the next days the bills will expire with government possibly presenting a way forward in its electoral man- ifesto. But the delay also means that the ban on works during ap- peals has yet to come in force. Case studies Several high-profile cases illus- trate the dangers of the existing anomaly. In Qala and Sannat, the Court of Appeal revoked per- mits for swimming pools built on ODZ land after construction was complete. In Swieqi, a 10-storey complex on the site of the for- mer Halland Hotel was already towering over the area when the court ruled the permit invalid due to arbitrary policy applica- tion. Similarly, in Ta' Xbiex, the annulment of a Capitainerie pro- ject came after construction had begun. The undeveloped land in Swatar, which was added to the development zones in 2006 and which is slated for development The swimming pools in Qala built on ODZ land and deemed illegal by the courts, where built while the appeal process was still ongoing Activists gathered in front of Castille and presented four proposals aimed at reforming the planning sector