Seven NGOs have welcomed what they describe as “long-overdue measures” on planning laws for appeal cases, but fear that the new proposals may “threaten the right to appeal.”

In response to the current public consultation exercise relating to the automatic suspension of development permits during appeals, the NGOs have made a joint submission with their feedback on the proposed amendments.

In a joint statement, the NGOs highlighted that “of great concern” to them was the apparent threat to the right to appeal that the discussion paper proposes.

They pointed out that the discussion paper states that appeals must be “relative to objections which have already been submitted to the Planning Authority prior to the determination of the application.”

The NGOs hoped that the Government is “not seeking to limit the public’s right to appeal by requiring excessively technical and legalistic grounds of objection, considering that the relative representation period is only 30 days, giving members of the public limited time to engage planning and legal experts in order to submit overly technical objections.”

Moreover, the NGOs explained that if new information relative to the application emerges after the objection was submitted, or if the application was subject to new developments of which the interested party was not aware of, or for which there was no opportunity to object, the interested party would essentially be unable to submit an appeal based on these new grounds.

The NGOs insist that the “proposal” needs to be clarified so that it does not result in a legislative amendment reducing the public’s access to justice. “Appeals should not in any way be restricted to the grounds listed in a representation filed during the representation period,” they said.

The mention of providing better parameters for the Tribunal to impose fines to deter and limit “frivolous and vexatious appeals” is also of concern, the NGOs said, “since this can be very easily misused to restrict the right to appeal.”

With regards to the suspension of execution of works, the NGOs in question have long called for the necessity to suspend the execution of permits whilst appeal proceedings are underway before the Tribunal and the Court of Appeal.

This proposal in the discussion paper has thus been welcomed, they said, as there have been several instances where a development has been built whilst appeal proceedings are underway, resulting in a continuing injustice to appellants as their appeal was rendered an academic exercise.

However, the NGOs agreed that suspending the execution of works for a mere three months is far too short a time for the appeal to be decided.

They stressed that “this short time-frame would put great pressure on the Tribunal, appellants, witnesses etc, and the same considerations apply to the fixing of a time-limit for the Court of Appeal to decide planning appeals.”

The NGOs agreed that the proposal to place a time-limit of one month in case of an appeal for an application which the Minister declares is of strategic significance or of national interest, related to any obligation ensuing from a European Union Act, affecting national security or affecting the interests of the Government is “absurd, unjust, and penalises appellants.”

They pointed out that such appeals will usually be far more technical and require expert witnesses and resources and compelling appellants and to do this within one month is “practically impossible.”

The NGOs concluded by saying that they are “greatly concerned with any restrictions placed on the right to appeal and reiterate that any attempt to reduce the public’s access to justice and review of administrative decisions will be strongly resisted.”

The consultation closes tomorrow, Friday, the 3rd of November.

The organisations are:

Moviment Graffitti, BirdLife Malta, Ramblers’ Association of Malta, Friends of the Earth Malta, Nature Trust – FEE Malta, Flimkien ghal Ambjent Ahjar and Ghawdix.

File photo

Permalink: Public’s right to planning appeals threatened by suggested reform – NGOs