A proposed reform at the planning authority has come under fire amid accusations that the government is attempting to soften the approach to illegal development.
However, Mepa CEO Johann Buttigieg defended the proposals saying the planning process needed to be simplified.
The plan is to separate the planning and environment functions of the authority, and proposals – in a document titled For an efficient planning system – were launched for public consultation this week.
The document outlines the proposed functions of the new planning authority, but NGOs are raising the alarm, saying the changes threaten to dismantle the protective regulations built into the planning system over the years.
One of the controversial proposals is the elimination of the sixth schedule that included a list of illegal developments that could not be sanctioned. The law was introduced in 2010 to stamp out the habit of developers building properties without a permit and then applying for the illegal development to be sanctioned.
This provision will invariably lead to ‘build first, sanction later’ construction abuse
If the new proposals go through, these illegal developments could be considered for approval, but would be subject to a daily fine should an application ‘to sanction’ be turned down.
Flimkien għal Ambjent Aħjar said reversing the regulation meant that the countryside and scheduled areas like those of ecological and scientific importance would once again be exposed to illegal building.
“This provision will invariably lead to ‘build first, sanction later’ construction abuse,” the organisation said.
On this point, Mr Buttigieg said the new proposal did not only apply to properties Outside Development Zone (ODZ). He said this applied to properties in scheduled areas, for instance.
At the moment, if someone renovates a scheduled building without a permit, Mepa does not have the faculty to approve of this so the solution is to let the building fall to neglect.
“What we are saying now is that if you have the right to be given a permit, it will be granted. If you did something illegal, pay for the illegality,” Mr Buttigieg said.
But such an approach would only serve the interests of those who are willing to take their chances and disregard the law, according to Din l-Art Helwa.
“The long term results of this approach would be disastrous,” said council member Petra Caruana Dingli. “The emphasis of the Mepa demerger is mainly on simplifying planning procedures rather than on protecting the environment or sustainable development.
“Instead of fighting abuse and stepping up efforts to protect our diminishing countryside, the government intends to be more tolerant to new illegal development.”
But Mr Buttigieg “totally disagreed” with this, saying that the aim was to simplify the planning process while beefing up enforcement capabilities, insisting “we will apply the whip where we need to”.
The department is already in the process of increasing the number of enforcement officers but the process until enforcement action comes into effect on illegal developments is prolonged under the new proposals.
A ‘warning’ notice will now be issued for illegal developments before any ‘stop’ and ‘enforcement’ notices. In addition, the maximum period for enforcement notices to take effect is extended to 50 working days to allow more time for compliance.
The document also proposes that enforcement notices are suspended for all cases when an application to sanction has been submitted.
Mr Buttigieg also moved to settle concerns on a clause in the proposals document giving the minister the right to “make regulations to regularise development”, denying that this was a step back to the 1980s when planning was regulated by the minister in charge.
“That right is already granted by law. What we are referring to here are those [relatively minor planning concessions] granted under Category B, which are not actual permits...”
These concessions are normally issued in the case of infractions that are impractical to rectify, such as apartment blocks that have shafts which do not meet the legally required size.
The problem is that Mepa would issue a concession accepting the infraction but the banks would not accept this as meaning that the building is in line with the law and would therefore refuse to issue a loan on that property.
The proposed change would give this process a proper legal basis, Mr Buttigieg explained. “We will review these concessions and grant permits accordingly.”
The document can be downloaded from the Mepa website www.mepa.org.mt/public-consultation.