Bills 143 and 144 propose sweeping reforms to the planning rules in Malta. However, with a national protest looming this weekend, the chorus of opposition from civil society and business groups have soared.

In a new interview with WhosWho.mt, lawyer Claire Bonello warned that the “brutal, reckless” new reforms may not only affect the value and prices of property on the islands, but the very fabric of Malta’s urban and natural environment. 

One of the more controversial aspects lies in the re-opening of regularisation schemes for illegal developments. The Government, while insisting it is not an amnesty, is proposing a four-year window for owners of illegal buildings - including those in Outside Development Zones (ODZ) - to pay a fine and apply for full planning permission.

Dr Bonello argues this undermines fundamental justice. "The main issue here cannot be just restricted to changes in the prices of property because of views," she stated. 

"We are talking about an unspecified number of illegal developments which will be given a full development permit."

She highlighted the injustice faced by neighbours and communities who have long suffered the consequences of these illegalities.

"If prior to these laws one ever had the hope that these illegal buildings would be removed or that enforcement action would be taken... now that is being taken away."

Reforms put people in better position to ignore the law

The message sent by the proposed laws, according to Dr Bonello, is perverse.

"The Government is effectively stating that you are in a better position ignoring the law, being an inconvenience to your neighbour, blighting the views of others and of the community, than if you are a law-abiding citizen."

This, she warns, will have a direct and negative impact on the daily lives of Maltese citizens. If an illegally built structure is causing noise, traffic, congestion or obstructing views, the new laws would cement these nuisances permanently. 

"Now there will be no enforcement action taken and these bad effects will simply continue. This will undoubtedly have an effect on the quality of the place, on the surroundings, on the environment and our quality of life."

She stressed that the true cost of these reforms cannot be measured only in financial terms. "We cannot talk only about Euros, but we have to see the quality of our lives and well-being. And that is decelerating."

A “crazy, reckless” system with no controls

Dr Bonello was scathing in her assessment of the proposed regularisation process, describing it as a free-for-all that ignores critical planning considerations.

"These reforms will cancel any positive efforts in the future, because it is a crazy, reckless way of allowing anything as long as those behind them pay," she said. 

The Government is arguing that these amnesties will usher in a new chapter in Malta, to regularise previously illegally built developments, with Planning Minister Clint Camilleri defending the reform, stating it introduces clarity and discipline.

"And there is no attempt to control the size, intensity or environmental harm that is producing impact on our landscape. If you were nasty enough to build illegally, now you are being rewarded. It's as simple as that."

Her final warning was stark: "It is going to become more brutal in the coming months if these laws are passed."

Widespread opposition and a call to protest

The concerns raised by Dr Bonello echo the official positions of Malta’s most prominent professional bodies. The Chamber of Commerce decried the “piecemeal” nature of the reform, stating that such “ad hoc changes defeat the purpose of comprehensive reform.” 

Similarly, the Chamber of Architects noted that the proposals were never presented for a holistic review of the entire planning system.

Just today, academics from the University of Malta joined the call on the Government to withdraw two planning reform bills and related legal notices.

With opposition parties, NGOs, and professional bodies united in their call for the bills' withdrawal, public frustration is set to be channelled into a national protest scheduled for Saturday 4th October.