“The rule of law in Malta is being replaced by the rule of developers.” This was a phrase used by a number of organisations on Monday, in a statement calling on the government to implement the long-awaited promise for reform in planning appeal laws.

The issue has been pushed forward by NGOs for years, and Prime Minister Robert Abela seemed to, way back in 2023, have finally seen reason. Abela had said: “Does it make sense, if it ever did, that planning law allows construction work to start when the permit is still being contested in front of the tribunal or the law court?” He went on to say at the time that the time had come for “major reform” in the planning sector.

Fast forward to today, and NGOs are still calling for the planning appeals reform. It makes absolutely no sense that a developer can move ahead with construction when a permit is under appeal. We have seen instances where works are carried out, only for the court to then uphold an appeal.

The government is dragging its feet on this issue, and needs to take action.

The organisations, in their statement, say that some are even trying to sanction works after the courts upheld appeals. If such applications are accepted, that shows just how ridiculous and wrong the present regulations are and could raise further legal questions. Such a situation should not have been allowed to reach this stage in the first place, and it wouldn’t have happened had the appeals law been changed years ago.

Another point the organisations also raised, is that the reform must protect justice and the common good. They expressed deep concern at indications that the reform may impose very short timeframes within which appeals must be decided. “Any such timeframe must ensure that appeals can be effectively prepared and heard, so that the right to appeal is respected and no undue pressure is placed on institutions. Longer timeframes are essential for large-scale projects that require an Environmental Impact Assessment (EIA),” the NGOs said.

The timeframes must absolutely be fair, allow for effective preparation, and depend on the scale of the project. Imposing very short timeframes just to suit developers would not be acceptable.

When talking about the “rule of developers”, this could also be applied to other points.

In too many instances has the country seen developers run roughshod over residents. That is the fault of politicians, who have allowed the Planning Authority to operate the way it has for so many years. Local councils, for instance, have nearly no say on major projects. They get a single vote. Councils should be given a far stronger say in major planning applications set in their localities, given that they are the direct representatives of the citizens who live there. Residents deserve a more effective voice. As it stands, councils have no real say, and that is not a situation that favours residents.