Legal blunder threatens to undermine recent Planning Authority development permits

A procedural error by Planning Minister Clint Camilleri and his recently appointed permanent secretary, Mario Borg, risks throwing a series of development permits into legal limbo, according to documents filed in court.

The dispute centres on the removal of Jorge Spiteri, who, until several weeks ago, sat on the Planning Board as the representative of NGOs. Spiteri has filed a request for a prohibitory injunction after being informed that his appointment, made in July for a three-year term, had been revoked.

Spiteri argues that the permanent secretary informed him of his dismissal without the requisite parliamentary resolution, which the Planning Development Act explicitly requires for the removal of an NGO representative once an appointment has been published in the Government Gazette.

In Spiteri’s place, the government appointed Romano Cassar, despite the absence of a legally recognised vacancy.

Lawyers consulted by The Shift warned that, unless rectified through parliamentary action, the misstep could cast doubt over all Planning Authority (PA) permits approved with Cassar’s participation.

Since Spiteri’s removal appears to contravene the law, they noted, Cassar’s appointment may be null, leaving decisions taken with his vote vulnerable to future legal challenge.

Ministerial miscalculation

The controversy originated with Spiteri’s nomination last July, following a recommendation from the Council for the Voluntary Sector.

The ministry conducted no due diligence checks, discovering only later that Spiteri was employed as an architect within the same ministry – a status that classifies him as a public officer and renders him ineligible for the post under the law. The appointment proceeded, nonetheless.

NGOs subsequently complained that Spiteri had not been their chosen nominee and that their preferred representative was Cassar.

In October, Permanent Secretary Borg informed Spiteri by email that his appointment had been rescinded, despite lacking the legal authority to remove board members. Spiteri was thereafter barred from attending PA meetings while Cassar began participating in votes.

Spiteri has challenged the decision in court through lawyer Peter Fenech, seeking an injunction to prevent the PA from excluding him. The court has yet to rule.

Still, if the government insists on not removing Spiteri through a parliamentary resolution, he may opt to contest his illegal dismissal through a separate case, prolonging uncertainty around the validity of PA permits issued until the matter is definitively resolved.