Prime Minister Lawrence Gonzi yesterday unveiled his plans to bring change to Malta's most reviled authority after his electoral promise 15 months ago. Kurt Sansone analyses the reform.
For opposing reasons, the Malta Environment and Planning Authority has been called a monster by both developers and environmentalists but yesterday the Prime Minister unveiled his plans to tame the beast and strike the "magical balance" between both factions.
The reform does address key issues that have long been bones of contention but it stops short of entering into the finer details of the more contentious problems such as outside development zones.
Policy-making will now be the direct responsibility of the Office of the Prime Minister, giving the politician more direct control on Mepa policy. The change may be insignificant in practical terms because the minister has always had the final say on policy but it goes a long way in terms of accountability because the politician can no longer blame Mepa for delays in addressing various policy areas.
It is the new policy unit to be set up in the OPM that will have to determine the criteria for ODZ applications. Dr Gonzi did commit himself to adopting a zero tolerance towards ODZ applications, bar certain exceptions. He even went as far as cautioning investors who bought land in ODZ areas not to take things for granted.
However, the reform does not enter into the details of what that policy should be and leaves it up to the new unit to determine in the months to come.
The Prime Minister did say key policy areas would also be discussed in Parliament, which gives scope to wider debate on contentious issues.
A major aspect of the reform is the constitution of two Development Control Commissions with full-time employees. Dr Gonzi said the members of the two boards would be expected not to engage in private practice, satisfying the demands of environmental groups. However, the reform stops short of saying what would happen to the board members once their term of office ends and the potential conflicts that may be linked to a situation where security of tenure is not guaranteed.
Developers may be satisfied with the commitment to have applications decided in a stipulated timeframe but the reform also puts the onus on them to engage in a new screening process, which would facilitate the whole process.
Dr Gonzi did say a quicker planning process should not translate into a shoddy affair and Mepa would still apply the necessary rigour when determining applications.
To the dismay of environmental groups, political parties would still retain their representatives on the Mepa board even if civil society will gain one seat on the board.
The consultation process on the reform is not yet over. The blueprint published yesterday will now be discussed at a national conference later this month.
Administrative changes could start to happen over the next few months but any legislative changes would be presented to Parliament after the summer recess with the government expecting to gain approval by year's end.
Full-time DCC boards
The authority will have two Development Control Commissions composed of three members each working full-time, rather than part-time as is the case today. The chairmen will both be deputy chairmen of the Mepa board.
DCC 1 will determine applications within development schemes while DCC 2 will decide on submissions in urban conservation zones, ODZs and major projects not requiring an environmental impact assessment. All parties, including case officers, will have the chance to submit arguments before the DCC.
The board of appeal, to be re-named Planning and Review Tribunal, will also function on a full-time basis and will be chaired by an expert in planning and environmental policy.
Contrary to the present scenario, the tribunal will have the right to stop a development pending an appeal by third parties in sensitive cases that are ODZ, special areas of conservation or scheduled properties.
Application time limit
When applications are submitted, a unit manager will classify them as "straightforward" or "complex".
Straightforward applications within development zones will be decided in 12 weeks while complex ones can take up to a maximum of 26 weeks. Straightforward applications for development in ODZ areas will be decided in 26 weeks while the more complex ones can take up to one year.
New Policy Unit at OPM
Mepa's Forward Planning Unit will be transferred to a new Policy Unit in the Office of the Prime Minister. The authority will lose its function to set policy.
Until now, every policy still had to have the seal of approval of the minister responsible. However, with this move, the government will have direct control over planning and environmental policy. The move does not mean the government will get involved in evaluating, granting or withdrawing permit applications.
The Policy Unit has to draw up new policies on outside development zones, building height restrictions, local plans and compliance certificates as a matter of priority.
Mepa will no longer be responsible for transport planning, mineral resources, climate change issues and the management of construction sites.
These areas of operation will be transferred to other authorities and entities.
EIAs to have standard terms of reference
Where environment impact assessments are required, the developer will still be able to choose the consultants but Mepa will be able to appoint independent consultants to vet their work. There will also be a register of consultants.
EIAs will have standard terms of reference, which could be expanded depending on the particular circumstances of individual projects.
Civil society on Mepa board
The Mepa board will largely retain its present composition. However, the reform envisages that one of the eight independent board members will have to represent civil society and another member would have to be an expert in cultural heritage.
Both will be appointed by the government. The political parties in Parliament will still retain the right to nominate a representative each while the government will nominate five other members.
Key aspects of reform
• Mepa to lose policy-making function, transferred to new Policy Unit at Castille.
• Creation of two Development Control Commission boards with full-time employees.
• Appeals board with three full-time employees.
• Appeals board may stop development in sensitive areas pending appeal by third parties.
• New enforcement directorate.
• New voluntary pre-application screening with recorded meetings.
• Straightforward applications processed in 12 weeks, more complex ones in 26 weeks.
• New Mepa Act to incorporate Development Planning Act and Environmental Planning Act.
• Civil society to get board member, nominated by the government.
• Board to include heritage expert nominated by the government.
• Political parties to retain their respective board nomin-ees.
• Outside development permits will end.
• Applicants have to declare they have land or property owner's consent.
• Applicants have to inform neighbours of plans by registered mail.
• Elevation of Mepa auditor to planning ombudsman.
Applicant's duty to inform
The planning process will still allow applicants to submit applications for projects on land or property that does not belong to them as is the case at present.
However, under the new proposals, applicants will have to declare at the start of the process that they have the land or property owner's consent. The applicant risks losing the permit if the declaration of consent is false.
The concept of repeated reconsiderations will also stop but applicants will be able to appeal or submit fresh applications.
Furthermore, applicants will have a duty to inform their neighbours by registered mail of their planned development and in sensitive areas such as ODZs, information billboards outlining the plans will have to be set up on the nearest arterial road.
The planning application fixed on the site will be the applicant's responsibility.
No outline development permits
The concept of outline development permits, which have created the misconception that an applicant has a permit, will end.
However, applicants will be able to ask for a planning and environment brief from Mepa before submitting an application for a major project to enable them to understand whether a project is feasible from a planning and environmental perspective.
Voluntary screening process
A new pre-application screening process is to be introduced for applicants to discuss their plans with Mepa officials. The process will not be mandatory. It will help developers conform to policy even before the application process starts and enable Mepa to determine whether the application will be decided in 12 or 26 weeks. For transparency's sake, the meetings will be recorded in the respective files.
Enforcement with a face
Mepa's enforcement arm will be strengthened by the creation of a new enforcement directorate.
This means that Mepa's enforcement section will have a single reference point and finally a face. The reform does not address the issue of enforcement orders referred for direct action that have been pending for years as this is expected to be tackled by eliminating the repeated reconsiderations that are demanded by applicants in a bid to sanction illegal development.
Planning ombudsman
The Mepa auditor will be elevated to a planning ombudsman under the Ombudsman's Office.
The official would use the Om-budsman's resources. Mepa would still have an internal audit office.