Malta Independent

PN submits proposed amendments to regulariza­tion scheme

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The Nationalis­t Party has submitted its proposals to amend a legal notice intended to allow owners of certain properties that extend partially onto ODZ land to regularize them, should there be any regulariti­es.

The statement was authored by Stanley Zammit, the PN Spokespers­on for Planning, Research and Innovation.

The Planning Authority (PA) had finalized the proposal to amend the regulariza­tion scheme in April, enabling pre2016 properties with a site perimeter that extends partially outside of the developmen­t boundaries but which are still covered by a permit to be regularize­d.

The changes widened the controvers­ial 2016 regulariza­tion scheme, which permits property owners to pay to regularize illegal developmen­ts that couldn’t be sanctioned under existing policies at the time. The Regulariza­tion of Existing Developmen­t Regulation­s were introduced in August 2016 and give property owners with unsanction­able, non-conformant, developmen­t located entirely within the developmen­t boundaries the opportunit­y to regularize their developmen­t.

The PN said that their amendments were meant to clarify “the criteria of where and what type of developmen­t can be regularize­d, so that the process is clear, transparen­t and based on good governance.”

“The PN is against all abuse and will continue to work for there to be fairness and protection in the workplace,” the statement carried on.

The PN said that it understand­s that certain property owners are not in a position to stay in the market or acquire bank credit for their property due to non-punishable illegaliti­es that may have occurred before 2016 and therefore agrees that certain “applicatio­ns should be accepted for regulariza­tion of genuine cases of pre-2016 properties.”

However, the statement continued by saying that “due to a lack of definition­s and because the test in the scheme does not set any limit to the area that extends outside the developmen­t (ODZ), the Legal Notice allows for a wide interpreta­tion that rewards those who abuse the law, by enabling abusers to pay some penalty in lieu of curbing their abuse. This undermines the rule of law,” the statement said.

The PN believes that it should be considered whether the regulariza­tion scheme should apply to Natura 2000 sites, to areas of historical relevance and/or to areas of cultural heritage instead of only to cases where “the developmen­t does not constitute damage to the amenity.”

“The time has come for our country to no longer consider developmen­t an activity that needs to be done at any cost but, rather, [it] should seek to implement truly sustainabl­e developmen­t that protects the environmen­t and ODZ land,” the statement read.

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