At a news conference at the Auberge de Castille, Prime Minister Robert Abela and Minister for Infrastructure, Planning and Employment Jonathan Attard presented the Appeals Reform for justice in planning.
Dr Abela explained how this reform will ensure a balance between the interests of those appealing a development application as well as the applicant, while ensuring clear rules in favour of balance and trust in the system.
“We are here to take an important step towards a planning system that is fairer, clearer and more effective,” said Prime Minister Robert Abela. The Prime Minister explained how this reform will mean that when an appeal is made on a development permit, the works related to the permit will be suspended.
To date, although a permit can be appealed, the works may have already begun or even finished. “It is not possible for a person or community to file an appeal, but by the time the case is heard, the work will have already begun or even been completed. In that situation, the appeal would exist on paper, but not always in real life. Therefore, the main principle of this reform is that, when a relevant appeal is made, the permit is automatically suspended until the process is finally concluded,” said Prime Minister Robert Abela.
He explained how the law put forward by the Government will also ensure that the appeal process does not end up in an “endless loop” to the detriment of the appellant and even the development applicant. Therefore, the Government’s proposal requires that after the automatic suspension of the permit, the Planning Authority Tribunal must convene the first hearing within 30 days. The same Tribunal is expected to take no more than six months to give its decision.
Dr Abela further explained that if after the Tribunal’s decision there is still room for an appeal, “this can be brought before the Court of Appeal within 20 days. The Court is then expected to have four months to decide, with a maximum extension of two months.”
He continued by saying that the law provides for three possibilities here. If the Court of Appeal rejects the appeal, the suspension stops and the development can continue. If it upholds the appeal, the permit is revoked and if it sends the case back to the Tribunal it also gives main direction on the main points of the case to avoid further referrals and appeals.
“This is not a step against those who have the right to develop their property, it is not a step against those who apply for a permit. This is a step in favour of clear rules, in favour of balance, and in favour of trust in the system,” said Dr Abela.
The Prime Minister also noted that while the permit is suspended, its term is no longer applicable. Dr Abela said that this particular point really shows how much the Government wants to find a balance because “it means that whoever has obtained a permit should not be penalized simply because the appeal process is still ongoing.”
At the same time, he stressed that the law makes it clear that no right or advantage can be created from work carried out during the suspension period. Breach of a suspension can lead to sanctions and any work carried out during the suspension period will be considered against the law, with the consequence of a cease and desist notice or immediate execution. Where this breach occurs, a certificate of compliance will not be issued.
“We wanted to ensure that the framework was serious and responsible. That’s why there are safeguards. There are clearer procedures. There is more clarity in notifications. There is stronger enforcement,” explained the Prime Minister.
While saying that today the Government will be presenting the title of the law before Parliament in its first reading, Prime Minister Robert Abela announced that a public consultation process will be opened until Tuesday, August 18. “We will do this to hear from citizens, NGOs, professionals, communities, and anyone who has a serious contribution to make.”
The consultation document is available online at facts.mt .
Prime Minister Robert Abela stated that this reform also comes after a broad discussion with stakeholders and with a political commitment to trigger this reform in the first hundred days of a new Government. He pointed out that less than two months ago the people gave a fourth consecutive mandate to the political movement he leads and that in the electoral manifesto the need to carry out the appeals reform was clear. “Today we are giving a strong signal that we have triggered the process to carry out this reform. Committed to achieving a fairer planning system in Malta and Gozo that is always more beautiful and better.”
Minister for Infrastructure, Planning and Employment Jonathan Attard stated that this is not a reform in favour of or against development.
“It is a reform in favour of balance, justice and good governance. With this reform we are ensuring that the appeal will not only remain a right, but will have a real and practical effect, while creating a more efficient, transparent and credible system, with clear terms and timely decisions.”
Minister Attard continued to say that this is also one of the first major reforms of this legislature and clear evidence “that the political commitments we have made to the people are being turned into concrete action, by placing quality of life, public trust and the rule of law at the heart of the planning system.”
