developers free rein and
strip environmental protections
Bills #143 and #144 and the proposed legal notices are a direct assault on Malta's democracy and environmental protections. They annihilate safeguards, muzzle objections, and hand the Planning Authority unchecked power. The time to act is now!
Arbitrary Power Grab
The Planning Authority and Minister would gain sweeping powers — bypassing existing policies, changing building heights, changing ODZ designations, and even reviving expired permits.
Local Plans Made Useless
New policies would no longer need to follow Local Plans. Any policy issued at the whim of the PA or Minister could take precedence — even if it contradicts all others.
Environmental Protection Removed
Planning decisions would no longer need to take environmental or sanitary considerations into account.
Public Right to Appeal Crushed
The right to appeal would be severely restricted. Appeals could only be made on narrow technical and legal points raised during the objection stage, while the application is still being processed.
20 Days to Appeal And Risk A Fine
Citizens would have just 20 days to file an appeal. If an appeal is deemed “frivolous”, a fine of €5,000 could be imposed — with no chance to contest it.
Courts Lose Power Too
Even if citizens win in court, permits would not be revoked. The case would simply be referred back to the PA’s own tribunal — which is not independent.
Illegal Becomes Legal
If a court appeal lasts more than five months, any construction carried out during that time would automatically become legal.
Environmental Protection Hindered
New so called "vested rights" will obstruct future Governments from improving environmental protections as circumstances dictate.
Discretion will Rule
A non-independent tribunal would gain sweeping discretion, including the ability to alter plans mid-process.
Illegalities Rewarded
All sorts of illegal development, including sensitive areas such as ODZ and UCA, will be either regularised or given a concession. This will stop any enforcement, making them de facto legal. None of the above illegalities will have to conform to existing planning policies.
- Withdraw the bills immediately
- Do not consult on legislation that is fundamentally flawed, malicious in intent, and impossible to remedy. Withdraw the bills and draft legal notices at once.
- Suspend works on appealed developments
- Amend the law to immediately suspend all works on developments approved by the Planning Authority while an appeal is pending.
- White Paper for genuine consultation
- Release a White Paper to open a real, wide-ranging public consultation on the broader planning reforms Malta truly needs. Read our proposals for the planning reform we need.
The campaign's call for the immediate withdrawal of this alarming legal package has always been accompanied by the long-standing demands of environmental, community, and agricultural organisations for a genuine planning reform, one that truly meets the needs of our country and its people and addresses the planning challenges that have persisted for many years.
We have four key proposals that should form the foundation of a genuine planning reform; four overarching principles that must be included in any reform aimed at serving the common good rather than the interests of a few developers.
Suspend Works During Appeals
All works authorised by a development permit should be suspended while an appeal is pending before the Tribunal (EPRT) or the Courts. Clear and reasonable time limits should be set for resolving appeals, ensuring that proceedings conclude promptly while allowing all parties adequate time to prepare and present their case.
Remove Illegalities
Binding rules should ensure that illegalities are physically removed, with clear time limits established for resolving appeals against enforcement decision. Third parties must be allowed to participate in enforcement procedures, and a one-stop shop should be responsible for handling enforcement related to outside catering platforms and noise.
Prohibit Sanctioning in ODZ
The sanctioning of illegal structures in ODZ built after 2008, which cannot be approved as minor amendments, should be prohibited.
Reclassify Land as ODZ
All areas of agricultural, natural, social, and historical value that were removed from the ODZ in 2006, and which have not yet been legally committed to development through approved applications, should be reclassified as ODZ and protected from construction.
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Any groups in Malta and Gozo are invited to endorse the campaign by sending an email on info@gustizzjartna.org. Groups can include non-governmental organisations, residents, students, workers and farmers. All non-partisan groups whose aims are in line with our demands are invited to join.
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