Proposed planning reform ‘no walkover for developers,’ says MDA

A radical overhaul of Malta’s planning laws, announced on Friday (yesterday) evening, is not merely a “developers’ wishlist”, as activists have claimed, but in fact contains elements that are “unjust” and “invite abuse,” according to Malta’s development lobby.

In a statement released on Saturday,the Malta Development Association sought to counter concerns – raised rapidly and vociferously by NGOs, politicians and the general public – that the reform amounts to gutting legal safeguards around planning in Malta.

“It is far from a walkover for developers, as has been claimed,” said the association.

While welcoming the Government’s “long overdue initiative to update and streamline Malta’s planning legislation,” and describing it as “an important step forward” with the intent to “increase transparency, consistency, and accountability in planning decisions,” the MDA nonetheless pointed to provisions that are “of major concern.”

Regarding the proposed automatic suspension of development works during the appeals process, for an initial five months, extendable to 10 months, the MDA said the envisaged reform “invites potential abuse of the system.”

It said: “Abuse by bogus third parties has even been flagged in recent decisions handed down by the Courts of Justice. Under the current framework, developers are already required to comply with stringent planning procedures, conduct public consultations, and obtain clearances from multiple regulatory bodies. Allowing objectors to halt works merely by filing an appeal undermines legal certainty, discourages investment, and creates a situation where planning permits granted by a competent authority become effectively meaningless for an extended period.”

Another sticking point for the MDA includes provisions granting the PA the power to revoke or discontinue any permit without compensating the permit holder, “a move that introduces significant risk and uncertainty for legitimate operators.”

The association urged both sides of the House “to consider introducing safeguards that enhance appeals of substance amd discourage frivolous or vexatious ones. In the same manner, both sides should be capable of claiming compensation or legal clarity for damages caused.”

The MDA also called for balanced representation on the Planning Board by including technical bodies such as the National Building Council alongside environmental NGOs.