With Malta heading into a snap election, the dissolution of Parliament has effectively paused all pending legislation, including the widely debated planning reform Bills 143 and 144. For now, at least, these proposals are off the table.

The pause should not be mistaken for resolution, says lawyer Clare Bonello. Instead, she argues, it offers a rare opportunity to reset the conversation and focus on structural reforms that go beyond short-term political cycles.

Speaking to WhosWho.mt, Dr Bonello warns that the concerns raised in recent months remain unresolved, particularly around enforcement, environmental protection, and the long-term quality of life in Malta.

“The main issue cannot be restricted to property prices or views,” she previously said. “We are talking about the cumulative impact of planning decisions on communities, on fairness, and on the environment itself.”

In light of the election, she identifies four priorities that should be firmly placed on the electoral agenda.

The first is the suspension of construction during appeals. At present, developments can proceed even while legal challenges are ongoing, often rendering those appeals meaningless by the time a decision is reached. If a building goes up while a case is still being heard, the damage is already done.

Permits for the Sannat penthouses were struck down in March 2024 by the Court of Appeal after activists took the legal route to object to the project. The Court of Appeal ruled that the permits should never have been granted, but by the time of the decision, the apartments were already built.

In yet another decision in 2026, the Appeals Court revoked the permit of a 10-storey residential complex in Swieqi that was already built.

Secondly, she calls for stricter enforcement within clearly defined timeframes. Delays in enforcement have long been a point of frustration for residents and communities affected by illegal developments. Without timely enforcement, the law becomes theoretical, which makes people lose faith that breaches will ever be addressed.”

A proposal to sanction illegally built padel courts in Manoel Island will effectively undermine the work of activists and other stakeholders to turn Manoel Island into a national park. 

A third priority is the entrenched protection of Outside Development Zones (ODZ), public domain land, and Urban Conservation Areas (UCAs). These spaces, she stresses, are essential components of Malta’s environmental and cultural identity. 

While development in such areas is restricted, a series of exemptions means that it is by no means disallowed. For example, swimming pools can be built in some cases, while old rural buildings give way to large villas under a highly contested rule change from 2014. Meanwhile, since the Public Domain Act was introduced in 2016, it has only been used once, when Parliament declassified two coastal areas to allow development.

Finally, Dr Bonello highlights the urgent need for coherent traffic policy. Planning decisions, she argues, cannot be separated from infrastructure realities. “We are seeing developments approved without adequate consideration of traffic impact, congestion, and accessibility,” she says. “This is directly affecting daily life.”

Her concerns come against the backdrop of the now-shelved Bills 143 and 144, which had proposed sweeping changes to Malta’s planning framework. Among the most controversial elements was the reintroduction of mechanisms allowing for the regularisation of illegal developments, including those in ODZ areas, through fines and retrospective permits.

Dr Bonello has been outspoken in her criticism of these proposals, describing them as “brutal” and “reckless,” and warning that they risk undermining the very foundations of the rule of law.

“The message being sent is that you are in a better position ignoring the law than following it,” she argues. “That has consequences not just for individual cases, but for society as a whole.”

She points out that communities already affected by illegal developments often bear the long-term burden, from increased noise and congestion to the loss of views and environmental degradation. 

“If enforcement is effectively removed, these impacts become permanent,” she says.

Beyond individual grievances, Dr Bonello emphasises a broader shift in perspective. The true cost of planning decisions, she insists, cannot be measured purely in economic terms. “We cannot talk only about Euros,” she says. “We have to consider quality of life and well-being, and these are clearly being eroded.”

While Government has defended the proposed reforms as a way to introduce clarity and discipline into the system, opposition has been widespread, spanning civil society, professional bodies, and academia, including voices from the University of Malta. With a national protest looming, the issue has quickly become a focal point of public debate.

Now, with the legislative process temporarily halted, Dr Bonello believes the focus should shift from reactive measures to long-term planning reform.

In her view, the four priorities she outlines are not radical, but necessary. Without them, she warns, Malta risks entrenching a system where enforcement is weak, planning is fragmented, and the consequences are borne by communities for generations to come.