By Times of Malta
Robert Abela has confirmed that the government intends to reduce the number of days in which planning appeals can be filed. But the prime minister insisted the change is not intended to restrict objectors’ rights, as most appeals are filed by developers. Abela was answering reporters’ questions one day after Momentum claimed that the government intends to halve the time limit in which appeals against planning decisions can be filed, bringing it down to 15 days from the current 30. Abela confirmed that the plan is to reduce the timeframe but that it would be “around 20 days” and not 15 as alleged by Momenum. Currently, appeals against planning decisions can be filed in two stages. Appeals against initial decisions by the Planning Authority are filed with the Environment and Planning Review Tribunal. If an applicant or objector is unhappy with the EPRT’s decision, they can then file an appeal in the law courts. Presently, both stages of appeals must be filed within 30 days to be deemed valid. Speaking on Monday, Abela argued that Momentum’s statement was misleading, as in reality most appeals against planning decisions are filed by permit applicants, not objectors. “If the timeframe is reduced – and it will be reduced to around 20 days, by a few days – it will be reduced for applicants Furthermore, the slashed timeframe to file appeals would be part of a broader reform that will introduce the long-promised rule forbidding developers from starting works on construction projects that are subject to appeals, he noted. “They talked about slashing the period in which appeals can be filed…. while conveniently failing to note that,” he said. The government has been pledging a reform to planning appeals laws for years, following complaints about the existing system which effectively allows projects to go ahead while appeals are processed and heard. Environmental NGOs and other objectors to major projects have said the current system is a sham intended to help developers get projects moving. The Malta Developers Association and Kamra tal-Periti (Chamber of Architects) have said they will back the reform, provided appeals proceedings are subject to strict time limits. In a Times Talk debate earlier this year, mega-developer Joseph Portelli argued that if projects are held up by appeals, developers should be entitled to sue objectors for loss of earnings if those appeals are then overturned.