Appeals reform: necessary first step but Cabinet loophole could undermine it

Momentum welcomes the Government’s proposed reform of the planning appeals system, particularly the introduction of the automatic suspension of works once a planning appeal is lodged.

This is a long-overdue measure and essential in any fair planning system. An appeal is currently of little value because construction can continue while the appeal is being considered, leaving communities to challenge a development only after it has already been built.

However, Momentum is concerned that the proposed reform contains a serious loophole which could undermine this important principle. The proposed legislation gives Cabinet the power to lift the automatic suspension in cases deemed to be of “strategic significance” or in the “national interest”. This raises a fundamental question: Who decides what constitutes the national interest, and according to what objective and transparent criteria?

Mark Camilleri Gambin, General Secretary of Momentum, said, “If Cabinet can override an automatic suspension whenever a project is considered strategically significant or in the national interest, then the protection is no longer truly automatic. The very projects that may attract the greatest public concern could potentially be exempted from the safeguard.”

Momentum believes that any exception to the automatic suspension must be very narrowly defined, based on clear objective criteria, fully transparent and subject to strong independent scrutiny. Broad and undefined concepts such as “national interest” must not become a backdoor through which politically important developments can bypass the normal appeals process.

Further reforms are necessary. Malta needs planning policies that address excessive height and density, cumulative development pressures, infrastructure capacity, the protection of open spaces and the character of our towns and villages. Enforcement must also be strengthened. It cannot remain worthwhile to breach planning rules and then regularise illegal development after the fact.

Camilleri Gambin added, “This reform is a welcome first step. Next one must address the substance of Malta’s planning system. Suspending works while an appeal is pending is important. But it does not change the planning policies against which those appeals are decided.”

Momentum therefore welcomes the Government’s move towards automatic suspension of works during appeals, but considers this the bare minimum required to restore fairness to the appeals process, and therefore only a first step. The Government must also close the Cabinet loophole and ensure that no politically convenient exception can undermine the right of appeal.

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