Illegal development is a matter of concern for many. It raises issues of fairness and issues relating to the quality of our rural and urban environment.
The Malta Environment and Planning Authority (Mepa) has the legal tools at hand to curb and rectify illegal development. These were provided for in the Development Planning Act of 1992 and subsequently strengthened with the amendments of 2001. Legal measures aimed at protecting the rights of the individuals are being used by some developers to stall or delay enforcement decisions on their illegal development. Even if the illegality is eventually removed, years’ delay (because of applications to sanction and appeals) still allows the developer to benefit from the illegality. All this might have sent out the message that Mepa was toothless or, worse, complacent.
The series of proposals to amend the Development Planning Act that I announced in July are primarily meant to address these issues and give Mepa the power to act fast with regard to (outside development zone) ODZ illegal developments. The proposals, which were recently approved by Cabinet, will be tabled in Parliament after the summer recess.
The first of four proposals would allow Mepa to take direct action against developers without having to wait for pending applications and appeals. This effectively means that buildings that were developed illegally ODZ after May this year can be removed immediately after the relevant enforcement notice has been issued. Naturally, owners of illegally constructed buildings would still have the right to seek redress from MEPA if they feel that such direct action was unjustified.
The current system allows for illegal developments to be sanctioned, subject to the submission of a development application and provided, of course, that they are compliant to policy. The illegal development is subject to a fine. The right to sanction an illegality is now being removed for an illegal development which is ODZ. If, for example, a person builds a room illegally ODZ, he would first have to dismantle the illegality and then apply for a development permit.
This will discourage any development outside the development boundary before the permit for such a development is issued.
This measure is also applicable to any illegal development carried out after May 2007. Why May 2007? This is the date for which aerial images are available to Mepa. In the coming weeks, further aerial photographs will be taken.
The third change will provide for the setting up of an Appeals Board to deal specifically with enforcement cases. This board will be required to issue its rulings with regard to appeals on enforcement within six weeks. This should also help to clear the backlog of enforcement cases that are stacked up along with all other appeals cases.
Today, the maximum fine that can be imposed in respect of an illegal development is Lm1,000 (EUR2,329.73). This maximum is being raised tenfold to Lm10,000 (EUR23,293.73). The raising of the ceiling will have no effect on minor illegalities but will have a significant effect on major illegalities and illegalities which are ODZ. This will eliminate the present situation whereby a developer is only fined a tiny proportion of what the illegal development would be worth.
It was encouraging to note that the feedback received about these proposed amendments was positive, practically across the board.
Government is also actively considering further minor legal changes to address shortcomings that have come to light through case law and experience. These will be very minor changes – no major amendments to the law are envisaged other than those relating to illegal ODZ developments.
Government is sending a clear message – illegal development is not tolerated. Experience has shown that the disincentives against illegal development need to be strengthened further, especially for those ODZ. This is a courageous decision that will further protect our precious countryside.
George Pullicino is Minister for Rural Affairs and the Environment