In a joint statement, 15 organisations are calling on the public to immediately object to the Planning Authority’s (PA) decision to give an “early Christmas gift to law-breaking developers,a legal amendment that will wipe out Outside Development Zone (ODZ) boundaries and regularise more illegal development.”

The organisations stated that, “the public consultation sham, amounting to a ridiculous 14-day period, will close on the 21st of November, meaning that the public’s objection to this atrocious scheme is as urgent as it can possibly be.” Representations are to be sent to regularisation.amendments@pa.org.mt

They noted that, with the PA’s proposed amendments to the 2016 Regularisation of Existing Development Regulations, a scheme which was supposed to last only two years but was extended indefinitely, developers who built on sites which are “partially” in ODZ will now also be able to pay a fine to legalise their irregularities.

“While the original 2016 regularisation scheme only accepted sites within development boundaries, the new scheme refers to sites which encroach on ODZ and will also include illegal development which goes against policies,” the NGOs said.

The argued that “policies which are supposed to prevent such development from being allowed will now be overruled by developers seeking to regularise their illegal developments in exchange for a paltry fine.”

They pointed out that “this allows developers to put their previously illegal properties on the market since banks would then be in a position to finance agreements when they otherwise would not do so.”

The new ODZ scheme even allows for properties that were served with enforcement notices predating 2016 as long as the developer has a pre-2016 permit in hand. The NGOs pointed out that “different to other planning applications, regularisation requests are not published, people cannot send their objections during a representation period, and the decisions of the Planning Commission on these applications cannot be appealed.”

The organisations highlighted the fact that, “rather than closing down the 2016 regularisation scheme as was originally promised, the government has instead decided to further widen its already contested scope. While its lenient readings of its own policies and its failure to enforce rules have already weakened ODZ boundaries over the years, the PA is now going to fuel more ODZ development if the amendment becomes law.”

The PA states that the widening of the scope of the scheme is intended to accommodate “certain property owners” who “are not able to place on the market, or acquire a bank loan for their property, due to an irregularity which is non sanctionable, and took place before 2016”

“While it’s ridiculous that we even have to say this out loud, we must point out that the PA’s function isn’t to enable business in the property market but to commit to its planning policies and ensure developers fall in line with policies meant to safeguard the environment,” the NGOs said.

They added that “what is even more shameful is that the Labour Party, headed by former PA lawyer and current prime minister Robert Abela, had promised stricter controls on ODZ development during this year’s general election.”

“Should this amendment be approved, the scheme will do the exact opposite and allow developers who have repeatedly ignored ODZ boundaries to get legal approval for the daylight robbery of non-developed spaces,” the NGOs said.

They noted that “according to a report published by the Times of Malta, more than 19,500 regularisation applications were filed since the original scheme was launched in 2016.”

The 15 organisations concluded the joint statement by saying, “with this amendment, we are set to see legal approval for thousands of additional illegal developments. Our ODZ boundaries must be protected, and we insist that this amendment must not be allowed to go through.”

Organisations

1. ACT Malta

2. Azzjoni: Tuna Artna Lura

3. BirdLife Malta

4. Din l-Art Helwa

5. Flimkien ghal Ambjent Ahjar (FAA)

6. Friends of the Earth Malta

7. Ghaqda ghall-Gustizzja, Ugwaljanza u Paci

8. Ghawdix

9. Malta Youth in Agriculture (MaYA)

10. Moviment Graffitti

11. Nature Trust – FEE Malta

12. Ramblers’ Association Malta

13. Rota

14. The Archaeological Society Malta

15. Wirt Ghawdex.

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