Opposition grows against Cabinet loophole undermining planning appeals reform

Opposition is mounting against a proposed loophole allowing Ministers to override new rules automatically suspending development permits while they are under appeal.

Momentum has welcomed the government’s proposed reform of the planning appeals system but warned that ministerial intervention could undermine the safeguard before it is even introduced, echoing warnings by several environment NGOs.

Under the proposed legislation, construction would automatically be suspended once an appeal against a Planning Authority permit is filed. At present, developers can begin – and sometimes complete – projects while appeals remain pending, potentially rendering any eventual decision against the permit ineffective.

However, the proposed reform would allow the Cabinet to lift, limit or vary the suspension in cases presented as being of strategic significance or in the national interest.

Momentum General Secretary Mark Camilleri Gambin warned that the provision could be used to exempt precisely those large projects attracting the greatest public concern.

“If Cabinet can override an automatic suspension whenever a project is considered strategically significant or in the national interest, then the protection is no longer truly automatic,” he said.

Momentum is calling for any exceptions to be narrowly defined, based on objective criteria, fully transparent and subject to independent scrutiny. It warned that vague references to the national interest must not become a “backdoor” allowing politically important developments to bypass the appeals process.

The criticism follows revelations by The Shift that the Planning Authority is scrambling to approve controversial permits before the reform enters into force.

A transitional provision means the automatic suspension will apply only to permits decided after the new law becomes effective. Permits issued beforehand will remain under the existing regime, allowing construction to continue while an appeal is heard unless a separate stop order is issued.

Momentum described the reform as only a first step, arguing that Malta must also address excessive building heights and density, infrastructure pressures, enforcement failures and the continued regularisation of illegal development.

“Suspending works while an appeal is pending is important. But it does not change the planning policies against which those appeals are decided,” Camilleri Gambin said.