The government has so far failed to disclose that one of the authors of what NGOs are describing as the worst planning reforms in history, is Robert Musumeci: also the same consultant that Joseph Muscat appointed to reform planning laws under his administration. Robert Musumeci is responsible for the laws that enabled developers to avoid responsibility over the collapse of several building sites. The laws were then amended to improve building construction safety standards.
Now, the government is giving even more rights to property owners and developers by potentially introducing the concept of compensation to property owners upon changes in planning laws that affect their properties. Article 9 provides compensation if legally-permitted works are revoked – this would seem reasonable. However, the wording of some subsequent articles, such as Article 14, may also entitle property owners to compensation where new planning regulations are imposed on them.
The government has repeatedly argued that property owners cannot be subjected to new restrictions after acquiring their property; this is a myth, as governments may legally impose a range of development and planning regulations without the need to compensate owners. Courts can not impose sanctions and compensation over future and speculative scenarios: they can only impose sanctions and compensation for actual and material damage that has been effective or that will be effective immediately. So technically, a Court can grant you compensation if the government expropriates your property, but the Court can’t grant you compensation if the government suddenly changes its planning laws and imposes new development restrictions on your property.
Robert Musumeci is considered as a legal authority on planning and construction by the government and the University of Malta. He has been regularly promoted by pro-government media. The only reason why he is an authority on planning laws is because he gives the Labour government what it wants. Malta is yet to have a government consultant on planning that actually writes planning laws that improve our towns, communities and the environment. Until then we have to contend with the ongoing sleaze fest as shown above.
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