Open letter to Minister for Gozo and Planning written by the eNGO Għawdix

Dear Hon. Minister Camilleri,

We, the undersigned representatives of Għawdix and associated environmental NGOs, are writing to express our profound concern and outrage over the recent developments in Malta’s planning and appeals system. Specifically, we are compelled to address the egregious practice of sanctioning illegal developments that have been revoked by the courts following appeals, a practice that flagrantly undermines the rule of law and public trust.

The recent case involving PA03869/24 has exposed a critical flaw in our planning and legal framework. Despite a court ruling that revoked a previously granted development permit, the applicant has been permitted to submit a new application to sanction the now-illegal development. This development was completed during the appeals process, a process that now appears to be nothing more than a mockery of justice.

A Flawed System: Injustice and Absurdity

It is utterly unacceptable that our system allows development to continue unabated while an appeal is underway. In Malta’s planning system, the developer can continue with construction during the appeals process without any restrictions whatsoever. This is not just a failure of
justice; it is an outright travesty.

This situation creates a lose-lose scenario: for the appellant, who finds their victory hollow as the development has already been completed, and for the applicant, who finds themselves in a legal limbo. This absurdity must end. We remind you and Prime Minister Hon. Robert Abela of the promise to reform this broken system. As the Prime Minister himself stated:

“Does it make sense, if it ever did, that planning law allows construction work to start when the permit is still being contested in front of the tribunal or the law courts?”
— Hon. Robert Abela, Workers’ Day Speech, May 2023

This call for reform was echoed by your government’s discussion paper on proposed amendments related to the suspension of the executability of development permissions, by amending the Environment and Planning Review Tribunal (Cap. 551) and the Development Planning Act (Cap. 552). This public consultation aimed to prohibit construction works during appeals on development permits. The consultation period ended in November 2023, and it is now August 2024, yet we have seen no action. Enough is enough.

Undermining Judicial Authority and Public Trust

Allowing a development to proceed while an appeal is pending, only to retroactively sanction it after a court has ruled against it, effectively nullifies the authority of the judiciary. It creates a scenario where developers can flagrantly ignore legal rulings, secure in the knowledge that they can simply apply for retroactive approval. This practice is an affront to justice, erodes public confidence in the planning process, and sends a clear message that the Planning Authority’s decisions are beyond the reach of judicial oversight.

A Call for Immediate Action

During the last MEP and local council elections, the Labour Party campaigned under the slogan ‘Is-Saħħa lill-Maltin’ (Power to the Maltese). Yet, this situation clearly shows that the Maltese people have no say in matters that directly impact our environment and our communities. A more fitting slogan would be ‘Nieħdu s-saħħa lill-Maltin’ (‘Taking power from the Maltese’).

We demand an immediate and thorough review of current practices and urgent action to address these concerns. Court rulings must be respected, and illegal developments must not be retroactively approved if we are to maintain any semblance of integrity in our planning
system.

Minister Camilleri, it is your duty, as well as that of your Ministry, and the Government that represents the people, to uphold and protect the public interest, safeguard our rights as citizens, and ensure the rule of law in this country. We trust that you will treat this matter with the urgency and seriousness it demands, and take the necessary steps to restore justice and fairness to Malta’s planning processes.

Yours sincerely,

Għawdix

Endorsed by:
Azzjoni: Tuna Artna Lura
Birdlife Malta
Din L-Art Ħelwa
Din L-Art Ħelwa – Għawdex
Flimkien Għal Ambjent Aħjar
Friends of the Earth Malta
Grow10Trees
Kunsill Studenti Universitarji
Malta Youth in Agriculture Foundation
Moviment Graffitti
Nature Trust FEE Malta
Ramblers’ Association
The Archaeological Society Malta
Wirt Għawdex