PA Bills Statement from the Chamber of Advocates

The Chamber expresses its concern in relation to Bill 143 [Development Planning (Amendment) Bill] and Bill 144 [Environment and Planning Review Tribunal Bill] which were respectively tabled before the House of Representatives on the 23rd July 2025.

The Chamber is of the view that the content of the aforesaid Bills, which will serve to effectively overhaul Planning Legislation in Malta and will directly impact Maltese citizens,should be the subject of a wide-ranging consultation exercise involving all stakeholders and the public at large.

The matters listed hereunder – whilst not exhaustive – are of particular concern and undoubtedly merit further discussion:

a) the nearly unfettered discretion which is proposed to be granted to the Planning Authority, including the power to depart from the provisions of the Local Plans in its discretion. It is the Chamber’s view that this clearly runs counter to the fundamental principles of legal certainty and transparency which must be strictly adhered to, particularly in this sensitivecontext;

b) the fact that the aforementioned discretion has been coupled with a narrowing of (i) the parameters of the review which may be carried out by the Court of Appeal; and (ii) the powers granted to the said Court, thereby further limiting the possibility of judicial oversight in relation to decisions taken by the Planning Authority;

c) the fact that ‘environmental’ and ‘aesthetic’ considerations have been completely eliminated from the factors which the Planning Authority is bound to take into account in the determination of a development planning application;

d) the increased burden which shall be placed on third parties who wish to express and interest in and/or object to a proposed development. The legislation as drafted clearly intends to limit the submission of objections to any given development, whilst subjecting said third parties to the possibility of the imposition of a hefty fine which is not subject to review;

e) the procedural amendments which have been introduced by virtue of the proposed legislation, including the introduction of electronic service in relation to proceedings before the Court of Appeal. Whilst it is acknowledged that utilising electronic means of communication in order to render judicial proceedings more efficient is commendable and is, in principle, a step in the right direction, this should be introduced within the context of the digitalisation of the entire judicial process which would allow for (i) formal registration of the email addresses to be used; (ii) prior consent on the part of the parties / advocates / legal procurators for the use of the said email addresses for the purposes of notification; and (iii) most importantly sufficient traceability of the communication in question within the system. In default the enforcement of the amendments as proposed, whilst ensuring that the fundamental right to a fair hearing be safeguarded, will be problematic.

The Chamber therefore strongly urges the Government to refrain from approving the aforementioned Bills as proposed before a mature, comprehensive discussion is undertaken in relation to the matters raised above and to the various issues which arise in this context.