Editorial: A threat to legal integrity

The continued delay in reforming Malta’s planning appeals law – which currently permits construction to proceed even as planning decisions are being appealed – represents a significant failure of governance, a threat to legal integrity, and a betrayal of public trust. Despite repeated commitments, the government has yet to implement the promised reform, more than two years since the pledge was first made.

At the heart of this issue lies a legal paradox that defies the very foundations of justice: construction projects granted planning permits can begin – and even be completed – while appeals against those same permits are still pending. This means that developments can go ahead, only to be later declared illegal by the courts. By the time these rulings are handed down, the damage is already done. Buildings are up, landscapes are altered, and local communities are left powerless in the face of irreversible change.

This is not a hypothetical concern, environment groups argue. It is a lived reality, exemplified by egregious cases in Qala and Sannat, where courts ultimately ruled against large-scale developments – but only after they were completed. Rather than taking steps to rectify these violations, authorities have compounded the injustice by issuing “sanctioning” permits for the same projects. This renders judicial rulings effectively meaningless, as state institutions enable developers to sidestep the law and retroactively legitimise illegality.

The current system also violates the principle of equality before the law. In no other sector does a contested decision become immediately executable pending appeal. The uniqueness of this provision in planning law has turned it into an exploitable loophole for developers, empowering them to act with impunity and creating the impression that Malta’s institutions serve the interests of private development over the common good.

This systemic leniency fuels the perception that Malta’s planning regime is skewed heavily in favour of those with the financial and legal muscle to push through controversial developments.

The repeated deferral of reform, despite public outcry and institutional recognition of the problem, erodes confidence in Malta’s planning system. It fuels disillusionment among citizens who feel sidelined in decisions that reshape their communities and environment. Worse still, it sends a clear signal that the rule of law is negotiable – and that if a developer builds fast enough, even unlawful projects can be rendered untouchable.

Calls for reform are not merely legalistic demands; they are urgent appeals for justice, accountability, and democratic participation. A truly just reform must include an automatic suspension of development works during the appeal process, as well as reasonable timeframes for appeals that allow for proper consideration of environmental and legal implications – especially in large-scale projects requiring Environmental Impact Assessments.

Ultimately, the government must act not only to honour its word but to restore public faith in Malta’s planning institutions.