After the proposed amendment and implementation of the regularisation scheme in 2016, which stipulated that only sites located within development zones were eligible for its benefits, the scheme has not only been extended beyond its original deadline from 2018 to the present day, but also expanded in terms of the area it covers. With the recent legal notice issued on Friday, 21st April, titled ‘DEVELOPMENT PLANNING ACT(CAP. 552)Regularisation of Existing Development (Amendment) Regulations 2023’, even areas that fall within the boundary between development zones and ODZ will now be able to benefit from this scheme.

Despite the absurdly short 14-day consultation period that took place in November, the green light was still given, paving the way for development within the area that could potentially contradict existing development policies. Currently, any illegalities in this regard can be overridden by the applicant, who is only required to pay a fine to regularize their illegal development. This has created a situation where applicants can sell their properties on the market with the knowledge that banks will be willing to finance such an agreement.

Rather than putting an end to the regularisation scheme as originally proposed, it will now be expanded to include new areas that were not previously covered. Under this scheme, the regularisation requests will be published, but only those who already have an enforcement notice on site can be objected to.

The irony in this situation is that rather than protecting and conserving the areas surrounding ODZ, individuals are now able to act without restraint in terms of selling their property. Thus, resulting in a situation where existing policies, which define the allowable types of development within the boundary between development zones and ODZ, are no longer being followed. Instead, the authority is effectively opening the doors to further illegal activities occurring within these areas.

According to the reports published, thousands upon thousands have utilized the 2016 regularisation scheme. So, one can only imagine the number of applications that there will be following this new amendment. Thus, it is crucial that this amendment is revoked for the protection of such a vital part in the Maltese landscape.