The 2013 general elections gave this administration a clear mandate to set up an independent Environment and Resources Authority while improving practices by reducing bureaucratic processes at the planning stages. In doing so the role of government is to be ambidextrous – ensuring the use of both authorities in a co-ordinated effort in helping achieve better results.
It is an undeniable fact that as a nation we have become more conscious of the need to have a high quality environment. In meeting this dire need, this government has pledged to set up an independent and autonomous authority. This new structure will ensure that the environment will no longer be part of an authority that has planning and development control responsibilities, but will become an independent authority.
The new authority will be accountable for its functional responsibilities and address environmental issues that have always been heavily criticised and never put high on Mepa’s agenda.
Under the proposed law, the new Environmental and Resources Authority will not have a simple consultative role (as the situation at present). Indeed, the new authority will be empowered to participate in both the formulation of planning policies and the planning decision process. The authority will be duly represented on the executive board where planning policies are formulated. It will also be represented on the planning board and, thus, in a position to object to planning projects that could potentially negatively impact on the environment.
Such powers will enable the authority to emphatically and autonomously hammer its position at the highest level possible, the executive council and planning board. The impact of the change from an environment directorate within an authority to a separate, autonomous authority should not be underestimated.
The new authority will be able to take a more proactive approach. The purely reactive role of the Environment Protection Directorate will be transformed into a positively proactive one even through its representation at the executive level where planning and environment policies are drawn. It will also have the unique opportunity and responsibility to voice its opinion on all environmental issues in a manner that is completely detached from the planning process.
This is undoubtedly a bold step forward. The new authority will have an independent regulatory role with the clear mission of protecting and enhancing the environment for current and future generations. In meeting these critical and important obligations, the government is committed to appoint competent and professional members to the new board that will lead and govern the policy and strategy of the new set-up.
It is an undeniable fact that as a nation we have become more conscious of the need to have a high quality environment
The previous Nationalist administrations made various attempts to ‘streamline’ the planning application process to overcome delays. Reality still shows that the application process needs serious revisiting. For example, when an internal yard falls short of the standard dimensions by a few inches, the planning application process is halted indefinitely and applicants need to wait for months – if not years – to have such issue determined. Once such a decision is taken, the process may duly resume and Mepa proceed to give a decision. Once the proposed amendments are in place, sanitary issues (concerning buildings) will be decided by the planning board (or the planning commissions) with the set-up of the new Planning Authority. In terms of ‘timing’, this means that any sanitary matter at dispute will be decided directly by the planning commission within 100 days, at most.
Even more so, a full development application will remain subject to a 30-day consultation period, during which statutory entities will be notified and requested to give their recommendations. Entities shall be notified for all submitted applications and, for the sake of transparency, it will no longer be left to the case officer’s discretion whether to notify statutory entities or otherwise. We want to ensure that replies are made within the 30-day statutory period to put an end to unnecessary delays.
In the name of transparency, statutory consultees (unlike at present) may now appeal a planning decision before an independent tribunal should they feel aggrieved by the outcome.
On the other hand, once a final decision is taken and a planning permit is issued, works may only resume once the applicant submits a commencement notice and a method statement (highlighting the manner as to how excavation and demolition works shall proceed) along with detailed condition reports (outlining the individual state of neighbouring properties). This way, neighbours will now have full and easy access to such information prior to the start of any works next to them and are therefore in a much better position to establish whether their ‘civil rights’ may be jeopardised once works are taken in hand.
In meeting the overarching objective of ensuring holistic environment policies across different ministries, this government is also committed to ensure synergies and co-ordination across different ministries and entities. This will enable the launch of a new governance system intended to deliver a better environment for all in terms of a solemn pledge that has been made to the Maltese people.
Leo Brincat is Minister for the Environment and Climate Change and Michael Falzon is Parliamentary Secretary for Planning and Simplification of the Administrative Processes.