The government yesterday evening moved the first reading of a bill, which when enacted will amend the Development and Planning Act (DPA). The law will further empower the Malta Environment and Planning Authority to address illegal development, particularly Outside Development Zones (ODZ). It will also introduce a number of minor changes to the DPA.
The first of a number of proposals will 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 outside development zones after May this year, can be removed immediately after the relevant enforcement notice has been issued. 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 system at present makes it possible for illegal developments to be sanctioned, subject to the submission of a development application and provided that they are compliant to policy. Illegal development will be 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 outside a development zone, he would first have to dismantle the illegal building, 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, which is the date when aerial images become available to MEPA. Additional aerial photographs have recently been taken to allow for comparisons with earlier photography.
Another amendment 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 which have stacked up, along with all other appeal cases.
As the law stands, the maximum fine that can be imposed on an illegal development is Lm1,000 (EUR2,329.73). This maximum is being raised tenfold to Lm10,000 (EUR23,293.73). This raising of the ceiling will have no effect on minor illegalities, but will have a significant effect on major illegalities and those which are ODZ. This will eliminate the present situation under which a developer is only fined a tiny proportion of what the illegal development would be worth.