The Development Planning Act provides the legal framework for development planning in Malta. Some sections were never brought into force, including the appointment of planning mediators, intermediaries between developers and the planning directorate.
Possible reasons are: the need for mediators may be irrelevant; developers are already adequately represented at Mepa sittings; the directorate does not need an external professional to tell it what should be done; and there aren't enough professionals in the private sector who are adequately qualified to do the job.
Over the years there does not seem to have been the need for this... or was there?
Over the past decade, given the intensive way and size of developments, and a more organised environmental lobby, the need for planning mediators has definitely increased.
The DPA provides for the presence of "...officers, known as planning mediators, whose function shall be to act as a mediator, at the request of an applicant seeking development permission, between the director and the applicant, after the communication by the director to the applicant of the application report".
It also states that the Mepa board will consider the mediator's opinion but will not be bound by it.
Today, it is the applicant who needs to ask for the appointment of a planning mediator. He/she will be needed when the applicant thinks that unreasonable demands are being made by the directorate during the processing of the application. This comes much earlier than the Development Permit Application Report (DPAR). Once the DPAR is issued, it is reasonable to say that there is no way such a stance will ever be changed.
The applicant either asks for a planning mediator, or tries to convince the Development Control Commission (DCC), or just accedes to the requests made by the planning directorate. It seems that applicants always opted for the latter two options, clearly showing that the legal provisions of the Act are inadequate.
Applicants are usually well represented at DCC sittings, and the planning directorate dictates the proceedings - it does not have to change anything, as there is nothing to lose. It is easier to recommend a refusal and then shift the responsibility on the DCC.
So, let's go back to the drawing board and make a case for a new planning mediator.
I have experienced situations where the Mepa directorate does not change its position whatever relevant planning arguments are brought forward by the applicant. I've also been in situations where the applicant, perhaps due to strong lobbying powers, puts pressure on the planning directorate to accept certain things.
Hence the need for such mediators. Third parties are also important players in the development process and would also benefit from the appointment of mediators.
The planning mediator should be an independent person who has studied spatial planning. This ensures skills in the economic, environmental and social aspects of development. Preferably he/she would have experience in the public and private sectors.
Applicants, the planning directorate and interested third parties should ask for planning mediators. Not to further hinder what is already a slow process, planning mediators should issue their report within a month of their appointment - a short period when one considers that certain applications take years to be processed.
Planning mediators need to be brought in at an early stage of the application process and before the preparation of the DPAR. The planning directorate would have to include the mediator's report in the DPAR, and if this is unsatisfactory, developers and third parties could still put make their case to the DCC or the Mepa board.
The earlier a planning mediator is brought into the picture, the earlier the issues can be resolved. This makes the process faster, while facilitating the DCC board members' job. It also offers an earlier opportunity for third parties to elaborate on the reasons for their objections. Developers will also benefit through a faster process, which drastically reduces red tape. This is a win-win situation for all.
Who pays? Obviously, whoever makes the request for the appointment of the planning mediator.
Architect Vincent Magri is specialised in land use planning. He has worked in planning since 1988, both as part of the Planning Directorate in the early days of planning in Malta and in the private sector. He currently forms part of the team at Mangion, Mangion and Partners.