The rot in our planning system has been evident for decades, with defective laws and puppet authorities undermining our environment and quality of life. However, recent events have brought this decay to an alarming level, eroding the few remaining rights people have to hold authorities accountable, NGOs said on Saturday.
In a protest activity outside the Prime Minister's office in Valletta, the NGOs referred to the recent approval by the Planning Authority (PA) of a development by Joseph Portelli in Sannat (PA/03869/24), despite a Court ruling only a few months ago that revoked the original permit for violating planning policies. This is not an isolated case - three more illegal developments tied to Portelli, which also had their permits revoked by the Court, are pending sanctioning, including ODZ pools in Qala (PA/5223/24) and two other Sannat constructions (PA/05625/24 and PA/05626/24), the NGOs said.
Sanctioning procedures are meant for cases where structures conform to existing policies, they argued. Yet, in these four instances, Court rulings have clearly stated that they do not. The PA's processing and approval of these applications undermines the entire planning and judicial process, turning it into a sham procedure where laws, regulations, and even Court rulings are disregarded to appease powerful developers. This gravely undermines the rule of law and threatens the ability of people across Malta and Gozo to participate meaningfully in the planning process or to challenge authorities' decisions, the NGOs said.
This scandal is deeply tied to the failed reform of the planning appeals law. The Qala and Sannat buildings, among many others, were completed before their permits were revoked by the Court. Current law allows developers to build entire projects while appeals are pending, resulting, as in this case, in illegal structures remaining even after the Court ruled against them. Prime Minister Robert Abela promised a reform of this unjust law, first in May last year and again recently, yet no reform has been implemented, the NGOs said.
It is now evident that both Prime Minister Robert Abela and Planning Minister Clint Camilleri have given political direction to allow free rein to developers, to the extent of enabling them and the PA to make a mockery of our Courts. Not only has the Prime Minister failed to deliver on his promise to reform the appeals law, but the situation has deteriorated even further as the PA is now re-approving developments which, only last March, were deemed illegal by the Court.
Civil servants like PA Executive Chairperson Oliver Magro must also bear responsibility for their actions. The PA is shamelessly ignoring the rulings of the Chief Justice and wilfully processing fraudulent and misleading applications which also falsely declare that the development is in line with existing planning policies. While we recognise that such administrators are largely puppets on a string, they remain legally accountable for any criminal behavior. The recent Court charges related to hospital privatization should serve as a warning, the NGOs added.
As a united front of NGOs and residents' groups, we urgently demand that the Prime Minister reverses this alarming course. The PA must immediately discard the processing of applications that seek to sanction developments whose permits were cancelled by the Court. The Sannat permit sanctioning two illegal penthouses (PA 3869/24) should also be revoked with urgency. Additionally, the Prime Minister must reform the appeals law without further delay to prevent the possibility of developers constructing illegal structures.
"The stakes are high. If this course is not reversed, we risk the collapse of our planning and judicial system and the eradication of the basic right to challenge the PA's decisions, rendering the people powerless in the face of threats from monstrous and illegal developments. We will not stand idle while developers, with the Prime Minister's support, stage a coup d'état against our planning and justice system with devastating social and environmental consequences," the NGOs said.
The participating NGOs were:
BirdLife Malta
Din l-Art Ħelwa
Flimkien għal Ambjent Aħjar
Friends of the Earth Malta
Għawdix
Moviment Graffitti
Nature Trust Malta
Ramblers Association Malta
The Archaeological Society Malta
Wirt Għawdex
Residents' Groups
Azzjoni Tuna Artna Lura
Għaqda Residenti tal-Qrendi
Għaqda Storja u Kultura Birżebbuġa
Marsaskala Residents Network
Marsaxlokk Heritage
Nadur Nadif
Residenti Beltin
Sliema Residents Association
Wirt iż-Żejtun