NGO Ghawdix and 14 associated environmental NGOs have sent an open letter to the Minister for Gozo and Planning Clint Camilleri, calling for immediate action to stop the sanctioning of illegal developments.
The NGOs expressed their "profound concern and outrage over the recent developments in Malta's planning and appeals system," in a letter addressed to Camilleri.
Specifically, they addressed the "egregious practice of sanctioning illegal developments that have been revoked by the courts following appeals, a practice that flagrantly undermines the rule of law and public trust."
The letter referred to the recent case involving PA03869/24 "has exposed a critical flaw in our planning and legal framework."
The case revolves around the controversy of the Planning Authority's approval of illegal penthouses in Sannat, Gozo.
"Despite a court ruling that revoked a previously granted development permit, the applicant has been permitted to submit a new application to sanction the now-illegal development. This development was completed during the appeals process, a process that now appears to be nothing more than a mockery of justice," the letter read.
The NGOs said that it is "utterly unacceptable" that the system allows development to continue unabated while an appeal is underway.
The letter read that in Malta's planning system, the developer can continue with construction during the appeals process without any restrictions whatsoever.
"This is not just a failure of justice; it is an outright travesty. This situation creates a lose-lose scenario: for the appellant, who finds their victory hollow as the development has already been completed, and for the applicant, who finds themselves in a legal limbo," the letter read.
The NGOs said that this absurdity must end, and reminded the Minister of his and Prime Minister Robert Abela's promise to reform the broken system.
The NGOs quoted Abela as having said that it did not make sense that planning law allows construction work to start when the permit is still being contested in front of the tribunal or the law courts, in his Workers' Day Speech in May 2023.
"This call for reform was echoed by government's discussion paper on proposed amendments related to the suspension of the executability of development permissions, by amending the Environment and Planning Review Tribunal (Cap. 551) and the Development Planning Act (Cap. 552)," the letter read.
This public consultation aimed to prohibit construction works during appeals on development permits.
"The consultation period ended in November 2023, and it is now August 2024, yet we have seen no action. Enough is enough," the NGOs said.
The letter also said that allowing a development to proceed while an appeal is pending, only to retroactively sanction it after a court has ruled against it, effectively nullifies the authority of the judiciary.
"It creates a scenario where developers can flagrantly ignore legal rulings, secure in the knowledge that they can simply apply for retroactive approval. This practice is an affront to justice, erodes public confidence in the planning process, and sends a clear message that the Planning Authority's decisions are beyond the reach of judicial oversight," the NGOs said.
The letter called for immediate action, saying that during the last MEP and local council elections, the Labour Party campaigned under the slogan 'Is-Saħħa lill-Maltin' (Power to the Maltese).
"Yet, this situation clearly shows that the Maltese people have no say in matters that directly impact our environment and our communities. A more fitting slogan would be 'Nieħdu s-saħħa lill-Maltin' ('Taking power from the Maltese')," the letter read.
The NGOs demanded an immediate and thorough review of current practices and urgent action to address these concerns.
"Court rulings must be respected, and illegal developments must not be retroactively approved if we are to maintain any semblance of integrity in our planning system," the letter read.
The NGOs said that it is Minister Camilleri's duty, as well as that of his Ministry, and the government to uphold and protect the public interest, safeguard people's rights as citizens, and ensure the rule of law in this country.
The NGOs said that they trusted that the Minister will treat this matter with the urgency and seriousness it demands, and take the necessary steps to restore justice and fairness to Malta's planning processes.
The letter, sent by NGO Ghawdix, was endorsed by NGOs Azzjoni: Tuna Artna Lura, Birdlife Malta, Din L-Art Helwa, Din L-Art Helwa - Ghawdex, Flimkien Ghal Ambjent Ahjar, Friends of the Earth Malta, Grow10Trees, Kunsill Studenti Universitarji, Malta Youth in Agriculture Foundation, Moviment Graffitti, Nature Trust FEE Malta, Ramblers' Association, The Archaeological Society Malta, and Wirt Ghawdex.
Photo: The Shift