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‘Early Christmas Gift To Law-Breaking Developers’: NGOs Urge Objection Against ‘Shameful’ PA ODZ Amendments

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15 local environmental organisations are calling on the public to immediately object to the Planning Authority’s decision to give “an early Christmas gift to law-breaking developers”.

The PA recently proposed a legal amendment that could signal the end of ODZ land, with activists describing it as “wiping out ODZ boundaries and regularising more illegal development”.

The public was only given a 14-day period for consultation, with such a short period being described as a “sham”. 

The representation period will close on 21st November, meaning that the public’s objection to this atrocious scheme is as urgent as it can possibly be.

Representations are to be sent to [email protected].

What does this mean for ODZ?

With the PA’s proposed amendments to the 2016 Regularisation of Existing Development Regulations, a scheme that was supposed to last only two years but was extended indefinitely, developers who built on sites that are “partially” in ODZ will now also be able to pay a fine to legalise their irregularities.

While the original 2016 regularisation scheme only accepted sites within development boundaries, the new scheme refers to sites that encroach on ODZ and will also include illegal development which goes against policies.

Policies that are supposed to prevent such development from being allowed will now be overruled by developers seeking to regularise their illegal developments in exchange for a paltry fine.

This allows developers to put their previously illegal properties on the market since banks would then be in a position to finance agreements when they otherwise would not do so.

The new ODZ scheme even allows for the regularisation of properties that were served with enforcement notices predating 2016 as long as the developer has a pre-2016 permit in hand.

Unlike other planning applications, regularisation requests are not published, people cannot send their objections during a representation period, and the decisions of the Planning Commission on these applications cannot be appealed.

Rather than closing down the 2016 regularisation scheme as was originally promised, the government has instead decided to further widen its already contested scope.

While the lenient readings of its own policies and its failure to enforce rules have already weakened ODZ boundaries over the years, the PA will now risk fueling more ODZ development if the amendment becomes law.

The PA states that the widening of the scope of the scheme is intended to accommodate “certain property owners” who “are not able to place on the market, or acquire a bank loan for their property, due to an irregularity which is non-sanctionable, and took place before 2016”.

“While it’s ridiculous that we even have to say this out loud, we must point out that the PA’s function isn’t to enable business in the property market but to commit to its planning policies and ensure developers fall in line with policies meant to safeguard the environment,” activists said.

“What is even more shameful is that the Labour Party, headed by former PA lawyer and current prime minister Robert Abela, had promised stricter controls on ODZ development during this year’s general election.”

“Should this amendment be approved, the scheme will do the exact opposite and allow developers who have repeatedly ignored ODZ boundaries to get legal approval for the daylight robbery of non-developed spaces.”

“With this amendment, we are set to see legal approval for thousands of additional illegal developments. Our ODZ boundaries must be protected, and we insist that this amendment must not be allowed to go through.”

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Sasha is a writer, creator, and podcast host interested in environmental matters, humans, and art. Some know her as Sasha tas-Sigar. Inspired by nature and the changing world. Follow her on Instagram at @saaxhaa and send her your stories at [email protected]

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