Planning reforms, environmental democracy and the rule of law

Abstract

There have been several reforms to the Maltese planning system since its inception in the 1990s but the recent reforms published via Bills 143 and 144 raise several concerns for environmental governance.

There are four main concerns: 1) the tabling of the Bills in Parliament without public consultation; 2) the proposal to dismantle Malta’s plan-led system by allowing ministerial appointees on the various planning boards and committees to override agreed plans on a case-by-case basis; 3) the proposals to restrict public access to environmental justice, by making it more difficult (and potentially costly) to appeal to the Environment and Planning Review Tribunal, reducing grounds for appeals, and removing the powers of the Court of Appeal to revoke planning permits; and 4) removing the environment as a material consideration on which planning decisions are to be based.