Public consultation on planning appeals reform concludes

The Government has concluded the public consultation on its proposed reform of Malta’s planning appeals system, with submissions received from citizens, organisations, professionals, stakeholders and other interested parties.

The Ministry for Infrastructure, Planning and Public Works said the feedback received will now be evaluated in the coming weeks, with relevant proposals potentially incorporated into the final version of the reform before it advances through the parliamentary process.

The proposed changes are built around three main pillars: The automatic suspension of relevant planning permits when an appeal is filed, clearer deadlines for cases to be decided, and increased digitalisation and administrative support for the Environment and Planning Review Tribunal (EPRT).

Infrastructure, Planning and Public Works Minister Jonathan Attard said the consultation formed an essential part of efforts to create a fairer, more transparent and effective planning appeals system.

Automatic suspension of permits

A central element of the proposed reform is intended to address cases where development authorised by a permit can proceed while an appeal against that permit is still pending.

The Government argues that this can undermine the practical effectiveness of the right to appeal if works have already been carried out by the time the appeals process is concluded.

The reform would therefore introduce the automatic suspension of relevant permits when an appeal is filed, while also seeking to provide legal certainty for permit holders.

“This is not a reform in favour of or against development. It is a reform in favour of justice, balance and trust in institutions. We are creating a system where the rights of appellants are protected, while continuing to guarantee legal certainty and predictability for those who have obtained a permit through the proper process,” Dr Attard says.

Changes to how appeals are handled

The proposals also seek to reduce delays in the appeals process through clearer timeframes within which cases should be decided.

Other measures under consideration include more modern electronic notification systems, improvements to digital registers and stronger coordination between the EPRT, the Planning Authority and the courts.

Dedicated administrative assistance for the tribunal is also being proposed, with the aim of improving case management and avoiding unnecessary delays.

The ministry said the submissions received during the consultation will now undergo a detailed assessment, after which changes may be incorporated into the final reform.

“We want a fairer, more transparent and more credible system, where an appeal does not only exist in law but is capable of providing an effective remedy,” Dr Attard said.

“This is a reform in favour of good governance and greater trust in the planning system.”

Reform broadly welcomed, but stakeholders call for further changes

The proposed reform has received broad support from a number of stakeholders, although several have called for further changes to the framework before it becomes law.

The Malta Chamber of Commerce, Enterprise and Industry welcomed the reform but argued that the proposed deadlines for determining appeals are too lengthy when a development permit remains suspended throughout proceedings. It recommended reducing the Environment and Planning Review Tribunal’s proposed six-month timeframe to four months, while cutting the Court of Appeal’s standard four-month period to two months.

The Chamber also called for a preliminary review of appeals within 10 working days to identify issues relating to admissibility, standing and compliance with statutory requirements, as well as appeals which are manifestly frivolous, vexatious or abusive.

At the same time, it stressed that the appeals reform should form part of a wider overhaul of Malta’s planning framework, calling for a “comprehensive rewriting and consolidation” of planning policies to improve clarity and consistency. It nevertheless argued that the appeals reform should not be delayed while that wider exercise takes place.

Environmental and residents’ group Il-Kollettiv also endorsed the proposed suspension of permits under appeal, describing the principle as a matter of justice and arguing that residents should have the opportunity to challenge a permit before a site is committed to development.

Meanwhile, a group of student organisations welcomed the automatic suspension mechanism but described it as the “bare minimum” expected of a fair planning system. They raised concerns over provisions allowing Cabinet to lift a suspension in individual cases, including developments deemed to be of strategic significance or in the national interest, and called for that power to be removed.

The organisations also argued that the appeals changes should be accompanied by stronger enforcement against illegal development and greater accountability within the planning system.