The Malta Independent 24 July 2026, Friday
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TMID Editorial: The planning anomaly

Monday, 16 February 2026, 10:39 Last update: about 6 months ago

The recent court decision revoking a planning permit which had granted permission to construct a residential complex in Swieqi is a clear example of the government's failure to stop the ability to carry out works when applications are under appeal.

The end result now is an already constructed ten-storey block of apartments on the site of the former Halland Hotel, but which has just had its planning permit revoked... The permit was revoked on Friday after the court found that the Planning Authority and the Environmental and Planning Review Tribunal had acted "arbitrarily" when granting approval.

The whole situation exposes just how ridiculous the current situation with the planning laws is. So what will happen to this building now? Will it be torn down? Will a sanctioning application be filed and would that be accepted?

The legal anomaly has existed for years, and for a long time activists have rightly called for a ban on works until appeals conclude.

The government then had promised to fix this issue and ensure that works cannot be carried out if a permit is under appeal. But when introducing its proposal, the government opted to also propose many other planning reforms which were quickly condemned by many, with the reforms even being called a developer's wishlist. The proposed reforms included proposals which could cause damage in the future, such as a proposal to change the hierarchy of planning documents when it comes to conflicts within them. This latter point was a major point of concern brought up by NGOs.

A public consultation was then held and the government has yet to reveal its updated proposals.

The government needs to fix the legal anomaly, and introduce legislation banning the ability to carry out works when an appeal is still being decided. It should also ensure that the Bill reflects the concerns that were raised over it during the public consultation process. For instance, there were worries that the final Bill would include a clause that would remove the ability for courts to outright revoke a permit. That would be an unacceptable clause.

As for other planning reforms, serious consultation and consideration must be made to ensure that whatever government proposes does not end up being damaging. NGOs highlighted numerous times the points which needed to be changed.

The government has been pushing for green public spaces lately, and has announced several major projects. On this point the government is doing well. But planning policies and actions define what will take place in the future, and ensuring that they are done right, with the people kept at the centre of the thought process, is a must.

 


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