A golden opportunity for the Government to show that it truly believes in what it says

The issue concerning the trees on Comino must be viewed in the context of the planning appeals reform, with a development permit currently under appeal

In the case of the issue that has arisen concerning the trees on Comino, the Government has a golden opportunity to show that it genuinely believes in what it preaches, through actions rather than words.

This comes as a public consultation is currently under way on the reform proposed by the Government itself to the planning appeals system – a reform whose main principle, as the Prime Minister himself explained when presenting it, is that whenever an appeal is filed, the development permit should automatically be suspended until the process is finally determined.

To date, even when a permit is subject to appeal, works may already have started or may even have been completed, with the result that the appeal becomes meaningless because the works carried out may be irreversible.

In the case of Comino, the planning permit issued by the Planning Authority in April 2025 is subject to legal proceedings initiated by environmental NGOs. Legally, this permit is separate and distinct from any authorisation issued by the Environment and Resources Authority, ERA.

While acknowledging that the law as it currently stands cannot prevent works authorised by ERA from proceeding before the appeal is concluded, the PN also recognises that ERA – as explained in its statement – has done what it could to ensure that this part of Comino, which was granted as a concession for commercial purposes by the British colonial administration, is properly rehabilitated and that the necessary safeguards are introduced, including measures to minimise the environmental impact of a permit that has already been issued on an area that is already developed.

While recalling that Comino is a Nature Reserve and a Natura 2000 site enjoying a high level of protection, the PN calls on ERA to ensure that the obligations imposed on the developer are fully enforced.

In light of all this, however, the fundamental fact remains that it is the Planning Authority that has the responsibility to take the final decision on this development application.

In this case, the Partit Nazzjonalista remains consistent with the position it has always taken: any development permit before the Planning Authority should be automatically suspended whenever an appeal is filed, until a final decision is reached, whether the appeal is before the Environment and Planning Review Tribunal (EPRT) or before the Court of Appeal.

The PN also calls for the final legislation, once the public consultation process closes on 18 August, to be broadened in order to avoid loopholes that could allow certain developments to be exempted.

Among other matters, under the draft currently out for consultation, the new law would not apply to appeals that are already pending when it comes into force. It should also be made clear that no separate authorisation – including separate permits issued by the Environment and Resources Authority (ERA) – may be used to carry out irreversible works that depend on, facilitate or anticipate a development whose planning permit is suspended or under appeal.

Rebekah Borg
Shadow Minister for Planning

Mark Anthony Sammut
Shadow Minister for Energy and the Environment

11.08.2026