The Malta Development Association (MDA) welcomes Government’s long overdue initiative to update and streamline Malta’s planning legislation through the introduction of Bills 143 and 144 of 2025.
We support the intent to increase transparency, consistency, and accountability in planning decisions, which will benefit all parties involved.
This surely an important step forward that has long been in the coming.
However, while this has been depicted by NGOs as some sort of walkover for developers (which in most cases are families seeking to redevelop their properties) there are points which are of major concern. This includes the automatic suspension of development works during the appeals process.
The MDA agrees that third parties need to have the right to challenge planning decisions. Nevertheless, the proposed suspension of execution pending appeal invites potential abuse of the system.
Abuse by bogus third parties has even been flagged in recent decisions handed down by the Courts of Justice. There are well documented instances where rather than seeking the safeguarding of public interest, the aim was to create operational and financial obstacles to land concessions, even in the case of projects that have already received full planning approval.
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.
Beyond this, the MDA notes other serious concerns with the proposed legislation. These include 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 Opposition has voiced its objections on the proposed changes. Some of these run against the points the Nationalist Party has been making regarding excessive bureaucracy.
We urge 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 calls for balanced representation on the Planning Board by including technical bodies such as the National Building Council alongside environmental NGOs.
The MDA remains committed to constructive dialogue and supports a planning system that is both environmentally responsible and economically sustainable. We look forward to further engagement with lawmakers and stakeholders to ensure that the final legislative framework reflects a balanced and fair approach.