Annual Report 2022
Chairman’s Review
ANNUAL REPORT 2022
ANNUAL REPORT2022
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Planning Authority
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Chairman’s Review
Annual Report 2022
Chairman’s Review
CONTENT 5
Introduction by the Chairperson of the Executive Council
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Planning Directorate
13
Development Management Directorate
21
Compliance & Enforcement Directorate
27
ICT, Mapping and Digital Services Directorate
33
Corporate Services Directorate
39
Council, Boards and Committees
44
List of images
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Planning Authority
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Chairman’s Review
Introduction by the Chairperson of the Executive Council
Annual Report 2022
INTRODUCTION BY THE CHAIRPERSON OF THE EXECUTIVE COUNCIL Mr Oliver Magro
Having worked at the Planning Authority for almost two decades, it is great to be back among friends and colleagues, albeit with new responsibilities. Since I’m taking over the helm of the organisation from my predecessor Martin Saliba, I take the opportunity to acknowledge the sterling work done over the past years under his tenure. The Authority has performed efficiently despite the COVID-19 challenges. This was possible thanks to the staff and topnotch IT infrastructure. However, even in 2022, the effects of the pandemic were still tangible. It brought about changes to day-to-day procedures that challenged traditional practices but also showcased the resilience of the personnel within every Directorate of the Authority. These changes shaped how we work, moving from conventional approaches to new methods that deliver efficiently and effectively. The review of the SPED was a priority for the Planning Directorate. During 2022, the Authority worked with external consultants to draw up statistics and project future needs concerning demographics, employment, and housing. The main aim of this exercise is to forecast and plan for different scenarios emanating from changes in developments, technology, and population requirements. The Maritime Spatial Planning Project, which commenced in March 2020, was completed. Malta is one of the first states in the Western Mediterranean to finalise a Marine Spatial Plan. The Directorate shared experiences with other partners in a workshop in Tunis. SPED will include findings from this project.
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Planning Authority
Introduction by the Chairperson of the Executive Council
The Authority’s Heritage Planning Unit, responsible for the restoration and scheduling of legacy buildings across the Islands, continued working on schemes and initiatives which target the restoration and preservation of our traditional towns and villages. The results of schemes that the Authority launched in previous years, such as Irrestawra Darek, the Marsamxett Grant Scheme and Irrestawra l-Faccata, are positively impacting our streetscapes. Up to 2022, the Authority refunded approximately €10 million for such restoration and conservation projects. Furthermore, it invested €5.4 million in embellishment projects proposed by Local Councils across various localities in Malta and Gozo. In 2022, the Authority witnessed a decrease of nearly 14% in the number of validated Planning Applications received compared to previous years; similarly, the number of validated DNO Applications received also dropped by the same rate. However, the decrease was significantly smaller in the case of minor amendments received on valid development permissions. In this case, the drop was just under 5%. On the other hand, the Planning Commissions and Board decided 7,915 applications, a decrease of 8.2% over 2021. In 2022, the Compliance and Enforcement Directorate conducted over 6,000 random inspections on projects to ensure work aligned with the Authority’s permits. Officers inspected more than 4,000 sites to monitor work about compliance and enforcement notices issued. The Directorate received over 11,000 requests for compliance certification. Nowadays, the assessment process is entirely digitised; however, officers still carry out site inspections. Whilst the Directorate engages with contraveners to solve any issues without the need for formal enforcement, in cases of persistent abuse, a notice is issued to contraveners. A total of 80 notices were issued in the past year.
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Introduction by the Chairperson of the Executive Council
Annual Report 2022
Following the upheavals to the regular working routine brought about by the pandemic, the ICT, Mapping, and Digital Services Directorate proactively tackled the challenges of new working systems. It facilitated the transition to digital meetings, and there were no disruptions to the Authority’s day-to-day processes and stakeholder interactions. Participants could choose whether to attend the same meeting physically or remotely. The Authority’s infrastructure was robust enough to support these meetings, and work continued incessantly. A critical development that took place last year is the Alignment Interpretation Unit. This Unit made plans available to key stakeholders early in the development application process, facilitating the design process. A key area of focus for the Authority is the investment in Human Resources. During the past year, the Corporate Services Directorate provided a hands-on experience to students and attracted applications for more than 50 vacancies. Overall, the Authority’s units continued to work efficiently and effectively to serve stakeholders and improve its operations. I look forward to 2023 and beyond to continue working with the team of talented and dedicated people. I am privileged to oversee the Authority’s plans and projects currently in the pipeline and will launch in the forthcoming years. As technology consistently evolves in all sectors of our lives, its impact on the Authority’s remit will be more visible in the coming months and years. Accordingly, we will continue striving to implement these developments across all our operations.
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Planning Authority
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Chairman’s Review
Annual Report 2022
Planning Directorate
PLANNING DIRECTORATE Perit Christopher Borg – Director
Throughout 2022 the pandemic brought with it several changes which challenged the ordinary practices that were in place. This helped not only to improve the way the work is carried out, but also showed the resilience of the personnel which make up the Directorate. During this year, the Directorate continued to manage the revision of the Strategic Plan for Environment and Development (SPED) in addition to other duties.
The Strategic and Policy Formulation Division Strategic Planning Unit In 2022, the Strategic Planning Unit (SPU) continued its work in relation to the review of the SPED. An ‘Urban Development Capacity Study’ was finalized whilst drafts of the ‘Review of the SPED 2015 Policies’ and the ‘Review of Government Policies’ were compiled. External consultants were engaged to assist in producing reports on past trends and future projections for demography, employment, and housing. In these reports potential issues emanating from a range of alternative future growth scenarios were also identified. Consultants were engaged to carry out the ‘Strategic Environmental Assessment of the next National Spatial Strategy’ with the relevant entities in the preparation of the scoping report. In parallel, the SPU has reviewed over 11,800 decisions on development planning applications to collate data and inform strategic planning and the formulation of the ‘National Spatial Strategy’ on development demand and the increase in supply. Work has also been ongoing for two other projects, namely the ‘Partial Review of the Grand Harbour Local Plan’ and the partial review of the ‘Cemeteries Policy and Design Guidance 2015’. The ‘Partial Review of the Grand Harbour’ concerns an area in Marsa and the objectives of the review have already been through a public consultation exercise and the resultant feedback has been collated. The ‘Cemeteries Policy and Design Guidance 2015’ review has been initiated through a public consultation exercise on the objectives, and the submissions received have been reviewed.
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Planning Authority
Planning Directorate
During the same timeframe, the Strategic Planning Unit (SPU), received 14 planning control applications for changes to the zoning of sites, of which 11 applications were referred to the Executive Council for its consideration. Another 64 planning control applications proposing changes to alignment were received and 44 were referred for a decision. In addition to these achievements, members of the SPU participated in European Funded projects such as ‘URBACT Healthy Cities’ and ‘Maritime Spatial Planning in the Mediterranean’ which were concluded during 2022. SPU also retained its collaboration with other Directorates within the Authority with respect to policy interpretation, data collation and feedback on EU Directives.
Green and Blue Development Unit During this year the Green and Blue Development Unit (GBDU) saw the completion of an EU funded project on Maritime Spatial Planning – MSPMED. The project started in March 2020 with a budget of €244,272. In 2022 the Authority carried out a national awareness campaign spanning different media and audiences. Furthermore, it reviewed the national governance framework to implement MSP from both the policy aspect as well as data management. On the international level, a bilateral meeting between project partners was held in June, which discussed how MSP can address Underwater Cultural Heritage. Representatives from Heritage Malta and the Superintendence of Cultural Heritage were able to share their experience and knowledge with counter colleagues from Italy and the Region of Sicily. The GBDU also represented the Authority on discussion panels concerning the MSP planning session at the Pan Western Mediterranean Workshop in Tunis in September and in the final Project Conference in Rome in October 2022. As one of the earliest Member States to finalise the first MSP plan, Malta was able to contribute by sharing experiences with other project partners. The project findings at national level, the knowledge gained from the approach being taken by other countries who were in the process of preparing their first MSP plans, and the resulting enhanced national co-operation on the subject are expected to guide the Authority’s future work on MSP, including the review of the SPED which constitutes Malta’s first MSP Plan in accordance with the MSP Regulations (S.L. 552.27).
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Annual Report 2022
Planning Directorate
Heritage Planning Unit For another year, the Heritage Planning Unit (HPU) was primarily active on three fronts – the management of restoration schemes, scheduling, as well as other work related to permitting. The schemes that the Authority launches from time to time are very popular in view that they provide a financial incentive and at the same time reach their aim, that is to restore and preserve our national heritage, which is an integral part of our towns and villages. Throughout 2022, there were around 2,400 applications for tax refund on the taxes due when purchasing a property within the Urban Conservation Area. Through schemes such as Irrestawra Darek and Irrestawra l-Faċċata, the effects and results are now more visible as more owners are completing the approved works. To date the Authority has refunded approximately €10 million for works which have been completed. There were a number of requests for reconsideration, as well as appeals from scheduling. In fact, by the end of 2022, there were 20 active appeals all of which require considerable research and effort in order to be able to support the Legal Office in its defence of these cases.
RE DLED
€5.4 million FUNDING
UESTS
43
CONTRACTS
8,631
COMMENCEMENT NOTICES The Authority received various proposals from Local Councils and other entities. Between January and December, 43 contracts for funding were approved. Of these projects, 20 were for ringfencing contracts, whilst the rest were full PA contracts for funding. In total this amounted to around €5.4 PERMISSIONS million worth of funding, making this one of the highest budgets DECREASE invested in the local community. 2021 2022 Planning Authority Funding
150 135 10% 1,616
OVER
00
DEVELOPMENT Foreign Policy Research, EU Affairs and APPLICATIONS Funding Division (FPREAFD) (BDU)
6,138 1,443
TOTAL At the same time, payments continued to be effected. This RG year, the total amount of payments reached €2.8 Million,PERMISSIONS covering 38 payments. The number of annual payments has DEVELOPMENT been increasing steadily each year since 2018 and the amount APPLICATIONS (GDU) for this year has been the highest ever paid in one calendar 2021 partly due 2022 year. This is also to the initiative that allows anDN PERMISSIONS upfront payment of 30% upon the signature of a full funding contract.
816
411 343 16% DECREASE
234 DS CONSENTS 11
Planning Authority
Planning Directorate
Partnerships between entities continued to increase in view of the benefits associated with such partnerships. A good proportion of the partnerships took place between Local Councils and the respective Regions. Furthermore, a good number of other partnerships between the Local Councils and NGOs from the same locality were also registered.
Research and Local Funding The Research and Local Funding (RLF) team continued to work closely with actual and prospective applicants to streamline the Authority’s funding application process. 47 meetings were held with prospective applicants ahead of the funding submission process. At the start of 2022, the Authority published a further revision of the Circular regulating local funding (PA Circular 1/22). It contained a number of upgrades to previous similar guidance which came into force. A business breakfast was organised in conjunction with the Local Councils Association (AKL) on the 28th of October 2022. The event was also addressed by the Minister responsible for the PA and high-level PA officials and there was a good attendance by Regions and Local Councils. The aim of the event was to highlight key aspects of the PA funding process and to facilitate interface between Local Councils and the PA. The Secretariat of the Authority’s Development Planning Fund Committee supported through Foreign Policy Research, EU Affairs and Funding Division continued to formulate the agendas, record the meetings and conduct follow-ups throughout the year. This committee meets on a monthly basis but more frequently if required. During 2022, 16 committee meetings were held.
EU & Multilateral Affairs Unit In terms of international funds, the EU & Multilateral Affairs Unit (EUMA) focused on concluding six EU funded projects: • Interreg Europe ThreeT; • URBACT Healthy Cities; • ESF Spatial Train; • EMFF MSPMED; • ERDF SintegraM; • ERDF Valletta Balconies Scheme 2020.
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Annual Report 2022
Planning Directorate
All projects were successfully completed in time, with various benefits to the PA, its stakeholders and the general public. Other projects included: • a heritage thematic trail in Northwest Malta; • an IT mobile android application for a walk with historic information and physical exercises in Senglea; • a number of scholarships in the field of geomatics; • an updated base map and related infrastructure (including a number of drones and 3D scanners); • restored balconies in Valletta. By the end of 2022, work was being carried out on the implementation of three other projects, namely ESF PA+, Erasmus+ Placeplan and TSI Digitalisation. Following the publication of the draft Operational Programme for ERDF and ESF Funds, work proceeded on the updating of project ideas for the new EU Funding programming period 2021 – 2027. In view of the initiation of the new Programming Period for a number of centralised EU Programmes, including Interreg, URBACT, Horizon Europe and TSI funding programmes, EUMA followed up various information sessions and revisited its project ideas to ensure that they would be in sync with the finalised programmes. EUMA carried out various partner searches and networking to team up with consortium developing project ideas. In total, during 2022, EUMA managed 9 projects with a budget of €9.5 Million. In relation to EU and work related to the United Nations, EUMA co-ordinated the discussions on proposed EU legislation, such as that on the Recovery Package for Europe on Energy Efficiency, trans European network for transport, and on the implementation of EU legislation, including the MSP Directive and the EU Urban Agenda. EUMA participated in various discussions regarding the EU Urban Agenda, including the meeting of the Director Generals on Urban Development organised by the Czech EU Presidency. With respect to implementation of EU legislation, work continued on the transposition of Directive 2021/1187 on streamlining measures for advancing the realisation of the trans-European transport network into national legislation, the INSPIRE Directive and the annual report on PCIs was submitted to the EU Commission. 13
Planning Authority
Planning Directorate
The Unit assessed various other sectoral policy documents, to ensure that aspects related to planning are considered in other sectors at EU level. Topics ranged from Nature Restoration, Urban Waste Water, Waste Management and Sustainable Development. EUMA has also facilitated staff capacity building for the Authority in relation to EU funding (specific training on Erasmus+ Key Action 2 applications) and international affairs, through the participation and attendance of related courses and seminars and the circulation of news on EU and Funding matters. FPREAFD also represented the Authority in the ad hoc committee to determine the funding of proposals in the MECP’s (through Ambjent Malta) Urban Greening Scheme. This scheme assigned circa €1.7 million funds to various Local Councils on a number of Urban greening initiatives. The division was responsible for chairing the Light Pollution Reduction Guidelines. The revised guidelines delve into significant detail over the previous version issued for public consultation, to take into account the voluminous representations. The document is expected to be finalised by mid-2023 and will include developments in the international scheme that have taken place since the original publication. Staff from FPREAFD represented the Authority in a number of committees that include the Planning Authority’s Development Planning Fund Committee, the Malta College of Regulators, the Maltese Committee of Monitoring of EU-OP1 projects, the Maltese Executive Committee and the Monitoring Committee for Italia-Malta Funds and the European Mobility Evaluation Committee.
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Planning Directorate
Annual Report 2022
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Planning Authority
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Chairman’s Review
4 4n n
S
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Development Management Directorate (DMD)
Annual Report 2022
DEVELOPMENT MANAGEMENT DIRECTORATE Perit Silvio Farrugia – Director DEVELOPMENT APPLICATIONS DEVELOPMENT (BDU) APPLICATIONS 2021 2022 (BDU)
150 135 150 135 10% 10%1,616 2021
2022
DECREASE DECREASE TOTAL TOTAL
1,616
DEVELOPMENT APPLICATIONS DEVELOPMENT (GDU) APPLICATIONS 2021 2022 (GDU)
411 343 411 343 16% 16%4,119 2021
2022
DECREASE DECREASE TOTAL TOTAL
4,119
Business Development Unit
8,631 8,631 6,138 6,138 1,443 1,443 816 816 234 234
The Business Development Unit (BDU) is tasked with assessing applicationsCOMMENCEMENT of a commercial nature. In 2022 the Unit saw NOTICES a decrease in new cases received. The number of new COMMENCEMENT applicationsNOTICES decreased from a monthly average of 150 in 2021 to 135 in 2022, for an annual total of 1,616, equivalent to a decrease of 10%. 1,447 applications, amounting to 90% of the total applicationsPA received within BDU, were full development PERMISSIONS MONITORING applications. PA INSPECTIONS PERMISSIONS MONITORING INSPECTIONS Despite the decrease in number of new applications, the Unit’s performance increased when compared to 2021, and the RG majority of applications were concluded in time. PERMISSIONS ENFORCEMENT RG INSPECTIONS PERMISSIONS ENFORCEMENT INSPECTIONS General Development Unit
6,000 6,000 4,000 4,000 40 40
DN The General Development Unit (GDU) is tasked with dealing PERMISSIONS with development INSPECTIONS DNapplications for sites within the development zone but outsidePERMISSIONS of urban conservation areas. In 2022PER the Unit INSPECTIONS WORKING DAY saw a decrease in new cases. PER WORKING DAY DS The number of new applications went down from a monthly CONSENTS average of 411 inDS 2021 to an average of 343 in 2022, for an CONSENTS annual total of 4,119. 46% of these were summary applications. The Unit experienced a marginal increase in caseload. The majority of applications were concluded on time.
Integrated Assessment and Permitting Unit The Integrated Assessment and Permitting Unit (IAPU) continued to support the Units that process the mainstream Planning Applications within Development Management Directorate (DMD) by providing initial vetting, billing calculations and sanitary recommendations. IAPU is also responsible for the processing of Regularisation applications (RG), permitting of the Development Notification Order (DNO) and Minor Amendment decisions (MA). 17
Planning Authority
Development Management Directorate (DMD)
Outside Development Zone and Urban Conservation Area Unit During 2022 the Outside Development Zone (ODZ) Team within the Development Management Directorate received 1,055 applications, a decrease of around 100 applications over the previous year. Despite this decrease, the falling trend of the past years of very high numbers of incoming applications for non-commercial ODZ applications persisted. The team carried out 818 post-recommendation assessments, which is nearly double the number of assessments conducted in the previous 11 months. The Environment and Planning Review Tribunal referred 15 applications back for re-assessment. The year ended with a pending caseload of 819 applications, an increase of just under 100 compared to the previous year. There has been a noticeable increase in the subdivision of agricultural land, which is linked to the exorbitant increase in rural land purchases for recreational purposes. This increase has diluted the development that is necessary outside the Development Zone and has put pressure on the team to ensure that rigorous assessment standards are maintained. The Urban Conservation Areas (UCA) team received 1,659 applications during the year, with 1,572 cases being concluded, an average of 114 applications per month. The team reviewed a total of 600 post-recommendation cases, including some repeat reviews of the same application. The increase in the number of officers in the team has led to an increase in output of total applications. The Government-funded schemes and incentives for property regeneration prompted a surge in applications, compensating for the slight decrease in applications for internal alterations and redevelopment. The current team includes a number of new officers who are new to this type of assessment. Further to training, the new recruits have ensured that applications for improvements within UCA are recommended with minimal harm to the heritage and architectural values of the properties. This ensures the preservation of historic areas, by upgrading properties to current standards for future generations.
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Development Management Directorate (DMD)
Annual Report 2022
The Major Projects Unit and EU and Special Projects Unit In the assessment of major projects development applications, the Unit engages in discussions with stakeholders involved, starting well in advance of the application submission. This engagement continues throughout the planning process and is not limited to the assessment of the proposal itself. Over the past year, the Unit processed a range of proposals, that were challenging in terms of achieving sustainable development within the established planning policies and legal framework. The proposals included large-scale retail establishments, industrial developments for community facilities, quarries, and high-rise/landmark buildings for commercial and tourism use. The Major Projects Unit processed a total of 53 screening requests (Schedule 1 applications) and received 98 validated applications. A total of 97 applications were referred for a decision during 2022. The EU and Special Projects Unit processed a total of 17 screening requests and received 194 validated applications. A total of 163 applications were referred for a decision in 2022.
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Planning Authority
20
Chairman’s Review
2
5
2
43
Compliance & Enforcement Directorate
Annual Report 2022
COMPLIANCE & ENFORCEMENT DIRECTORATE Perit Raphael Axiak - Director
During 2022, the Compliance and Enforcement Directorate adopted hybrid remote work practices to mitigate the impacts brought about by the COVID-19 pandemic on the monitoring, regulating, and enforcing functions of the Planning Authority. These obligations emanated from the provisions of the Development Planning Act (CAP. 552) of 2016, and the subsidiary legislations. The Directorate had already transitioned to a paperless working environment prior to the pandemic, and this had facilitated remote working.
8,631
COMMENCEMENT NOTICES
6,138 PA PERMISSIONS
1,443 RG PERMISSIONS
816
DN PERMISSIONS
234 DS CONSENTS
The workload on the Directorate decreased slightly when compared to the previous year. Nonetheless, the staff of the Directorate continued to embrace further changes in their work practices to cope with the challenges brought about by the pandemic as well as the requirements to fulfil all the legal requirements.
Commencement Notices
11,504
COMPLIANCE CERTIFICATE The commencement notice, which specifies a commencement date, needs to be submitted prior to the utilisation of a permission or prior to the commencement of works for each PA permission, regularisation (RG) permission, Development NotificationMONITORING (DN) permission, and Removal of Structural DECREASE INSPECTIONS Danger (DS) consent issued. This requirement emanates from Article 72(4) of the Act of 2016, and it is crucial for monitoring 2021 2022 purposes by the Directorate’s officers.
6,000
3.9%
4,000
13.5 9
During 2022, the Directorate received a total of 8,631 ENFORCEMENT INSPECTIONS commencement notices, which represents a slight decrease DAYS DAYS of 3.2% from the previous year. 6,138 commencement notices were related to PA permissions; 1,443 notices related to RG AVERAGE DAYS TO DECI permissions; 816 notices related to DN permissions; and 234 AFTER VALIDAT REQUEST notices related to DS consents. Each commencement notice INSPECTIONS was vettedPER to ensure that it had been validly submitted. If WORKING DAY the commencement notice was not submitted, or if it was submitted but invalid, any development carried out would COMPLA be illegal.
40
2,80 21
Compliance & Enforcement Directorate
Planning Authority
In view of the amendments to the Building and Construction Authority Act (CAP. 623) of 2022, the definition of ‘commencement notice’ of the Development Planning Act will need to be amended accordingly, and thus reflected in the commencement notice form. This requires legislative and administrative changes which will be implemented during 2023.
Monitoring and surveillance
11,504
The functions of the Directorate include proactive monitoring of ongoing development. The strategy is set to limit abuse, COMPLIANCE CERTIFICATE by the developers, and where promote self-compliance necessary initiate enforcement action expeditiously.
6,000 MONITORING INSPECTIONS
4,000 ENFORCEMENT INSPECTIONS
40
INSPECTIONS PER WORKING DAY
3.9%
153
Officers are provided with digital technologies to access informationDECREASE remotely and resolve issues immediately. ThisENFORCEMENT NOTICES ensures that fewer issues are encountered at compliance certification stage so as to ensure a clearer process to the benefit of the end customers2022 which are generally the occupants 2021 of individual units.
12%
13.5 9
For these reasons, during 2022, more than 6,000 registered INVESTIGATION DAYS DAYS OF COMPLAINTS inspections were carried out to monitor ongoing works in relation to permissions issued by the Authority. Another 4,000 AVERAGE DAYS TO DECIDE registered site inspections were carried out in relation to REQUEST AFTER VALIDATION compliance and enforcement notices. This resulted inCASES over 40NEGOTIATED & COORDINATED WITH site inspections per working day, carried out by the officers of THE CONTRAVENERS the Directorate, throughout the year.
88%
2,804
COMPLAINTS
PlotGIS queries
12%
The Directorate’s response to PlotGIS queries has facilitated the recuperation of pending fines and fees since applications DECREASE would not be assessed and/or determined prior to the settlement of such dues. This was possible due to the full digitalisation of the process. However, this requires timely feedback on planning applications, to ensure that the process is not affected. During 2022, the Directorate received and replied to a total of 1,942 PlotGIS queries, representing a 5.5% increase over the number of queries of the previous year.
22
11,504
Compliance & Enforcement Directorate
COMPLIANCE CERTIFICATE
3.9% 11,504 DECREASE
COMPLIANCE CERTIFICATE 2021
2022
13.5 9 3.9% DAYS DECREASE
DAYS
AVERAGE DAYS TO DECIDE REQUEST AFTER VALIDATION
2021
2022
13.5 9 2,804 DAYS
DAYS COMPLAINTS
AVERAGE DAYS TO DECIDE REQUEST AFTER VALIDATION
12% 2,804 DECREASE
COMPLAINTS
12%
DECREASE
4
2
9
YS
CIDE ATION
04
Annual Report 2022
153
ENFORCEMENT NOTICES
12%
INVESTIGATION OF COMPLAINTS
88%
CASES NEGOTIATED & COORDINATED WITH THE CONTRAVENERS
153
ENFORCEMENT NOTICES
Compliance Certification
48%
TOTAL CASES REGISTER ILLEGAL DEVELOPMEN
Throughout 2022, the Directorate received a total of 11,504 requests for compliance certification, which represents a decrease of circa 3.9% when compared to the previous year. INVESTIGATION The assessment of such requests whilst fully digitalised, still OF COMPLAINTS requires site inspections by the Directorate’s officers. The ENFORCEMENT TOTAL CASES REGISTER average number ofNOTICES days to determine a validly submitted ILLEGAL DEVELOPMEN request was reduced from 13.5 days, during 2021, to 9 days CASES NEGOTIATED during 2022. The compliance certificate is required to install & COORDINATED WITH water and electricity services. It can also be used together COMPLAINTS with THE CONTRAVENERS ILLEGAL DEVELOPMEN official documents in ownership transfer contracts, bank loans, and other matters related to individual properties. INVESTIGATION OF COMPLAINTS
12% 153 88% 12%
48% 38%
88%
38%
Complaints regarding alleged illegal CASES NEGOTIATED developments
& COORDINATED WITH COMPLAINTS THEthe CONTRAVENERS During 2022, Directorate received 2,804 complaints, ILLEGAL DEVELOPMEN from various sources, alleging illegal development. This is a decrease of approximately 12% when compared to the number of complaints received during the previous year. The Directorate investigated and closed off a total of 2,633 complaints. Approximately half of the complaints received are from anonymous sources, and the investigation of half of these complaints did not result in the identification of illegal development. These anonymous complaints are deemed to be wasteful of the resources of the Directorate, and the procedure for receiving and investigating anonymous complaints will be formally addressed during 2023. Following investigations, the Directorate found that following the investigation of complaints concluded in 2022, there was illegal development in 48% of the total cases registered. To address such infringements, the property owner/occupier submitted a sanctioning application in 558 cases. On the other hand, in 38% of the complaints where illegal development was CASES REGISTERED identified,TOTAL the contraveners themselves complied or removed ILLEGAL DEVELOPMENT the illegal development, prior to further action being taken by the Directorate.
48%
180 75%
During the year, the Directorate issued 153 enforcement STOP & ENFORCEMENT notices resulting from complaints received. Thus, illegal NOTICES development was identified on 12% of the sites following the investigation of a complaint. Hence, in 88% of the cases where NOTICE illegal development was identified, the officers negotiated DAILY FINE informally and coordinated with the contraveners to address the illegal development promptly. COMPLAINTS ILLEGAL DEVELOPMENT
38%
23
Compliance & Enforcement Directorate
Planning Authority
Stop and Enforcement Notices
180 75% STOP & ENFORCEMENT NOTICES
NOTICES DAILY FINES
The persuasion approach remains the main strategy of the Directorate. Every effort was made to solve cases in an amicable manner without the need to resort to formal enforcement action. However, where abuse persisted and cooperation from contraveners was not forthcoming, officers were compelled to issue stop and enforcement notices in response to breaches and contraventions of the Act, subsidiary legislation and/or permissions. During 2022, a total of 180 stop and enforcement notices were issued, representing a slight increase from the previous year. 75% of the notices issued were subject to daily fines, which act as a positive deterrent. As daily fines accrue until the illegal development is removed or sanctioned/regularised following the submission of an application, contraveners need to address the infringements in the shortest possible timeframe. The Directorate closed a total of 256 stop and enforcement notices during 2022. A total of 113 notices were closed after a permission to sanction/regularise the illegal development was issued, and a further 93 enforcement notices were closed after the illegal development was removed by the contravener.
24
Chairman’s Review
Annual Report 2022
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Planning Authority
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Chairman’s Review
ICT, Mapping and Digital Services Directorate
Annual Report 2022
ICT, MAPPING AND DIGITAL SERVICES DIRECTORATE Ing Stephen Ferrito – Director
The past year has been a challenging one for many organisations as they had to navigate the transition to normality following the pandemic and its effects on the way businesses work. The ICT, Mapping and Digital Services Directorate was no exception. As employees and clients returned to offices after the lockdown, the Authority needed to adapt its working systems to cater for both physical and digital services. This was a difficult task as it necessitated a balance between the need for in-person interactions and meetings whilst retaining the convenience and efficiency of fully digital services which had been introduced in recent years. One of the most notable changes was the way meetings were conducted. The traditional, purely physical meetings of the past were no longer feasible since most clients now enjoy the commodity of digital attendance. To address this, the Authority started to adopt hybrid meetings, where some attendees were physically present whilst others participated remotely. This resulted in more efficiency and ensured that all participants could contribute to the meeting regardless of their location. This new reality presented new challenges for the ICT, Mapping and Digital Services Directorate. It had to ensure that the infrastructure was robust enough to support this new way of working, whilst providing users, both internal and external, with the necessary tools and resources to work comfortably in this new scenario. This included providing access to high-speed internet, video conferencing software and other digital tools that were essential for conducting hybrid meetings. Despite the objections, the Directorate met this new challenge. It provided users with the necessary infrastructure and support to work comfortably in this new scenario. Working systems were adapted to cater for both physical and digital services, ensuring that the organisation continued to operate smoothly and efficiently.
27
ICT, Mapping and Digital Services Directorate
Planning Authority
ICT HARDWARE SECTION HANDLED OVER
8,300 PHONE CALLS
OVER
2,400 REQUESTS
DEVELOPMENT APPLICATIONS (BDU) In July 2022, it was decided that the server room should 2021 be 2022 relocated to a safer ground floor environment. This was a big project, planned and undertaken by the ICT Unit and completed successfully with minimal disruption. When the Authority closed its offices for the FUNDING festive break on the 23rd of December 2022, all systems were up and running from the old server room; but by the employees’ return to the offices, all infrastructure DECREASE had been moved to the new server room. The transition was seamless. This was made possible due to the meticulous TOTAL planning and work performed by the Unit prior to the actual
€5.4 million
150 135 10% 1,616
move.
43
The Authority also relocated its Gozo Office during theDEVELOPMENT same CONTRACTS APPLICATIONS period. This move was handled by personnel over one weekend (GDU) with practically no disruption of service. This happened whilst 2021 2022 the department continued offering ICT support and service to all internal and external users, and sister government agencies.
411 343 16%
The ICT Unit is essential for the Authority’s daily operations. As the Authority becomes increasingly dependent on digital technology, the importance of the ICT systems grows. Today, the Authority cannot function without the necessary ICT DECREASE infrastructure, making continuity a top priority. The Authority TOTAL continued to invest heavily in ICT systems, hardware, network,
4,119
108,000 PHONE CALLS
68,000 4,500 CUSTOMER ENFORCEMENT CARE ISSUES
COMPLAINTS
ICT HARDWARE HANDLED In the pastSECTION year, the department responded effectively to
the challenges. OVERThe ICT hardware section handled over 8,300 phone calls reporting various ICT issues, resulting in over 2,400 FUNDING requests. Approximately 60% of these requests were resolved PHONE in less than three hours. Given the Authority’s reliance on ICT CALLS this service is vital. systems and hardware,
8,300
OVER The Operations Unit is an essential support system for both external clients and other Units within the Authority. The Customer Care Unit handled over 108,000 phone calls, with REQUESTS 68,000 related to customer care issues and 4,500 related CONTRACTS to enforcement complaints. Additionally, the team dealt with approximately 17,000 emails and letters. Front Desk personnel handled over 650 physical visits per month while providing digital services such as online demonstrations of digitised older applications. These digital services were supported by the Records Retention and Digitisation Team, as well as by the Authority’s contractor MaltaPost, through the Document Management System Project, which is managed by Jobsplus. This ensures that customers are provided with efficient, convenient, and accessible services.
2,400
17,000 EMAILS & LETTERS
650
PHYSICAL VISITS/MONTH
28
€5.4 million
and security systems with state-of-the-art technology.
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ICT, Mapping and Digital Services Directorate
Annual Report 2022
In 2022, the plotting team handled over 9,000 Planning Applications, 1,200 Development Notification Orders, and 1,300 Regularisation Applications. Together with work related to support services to the Finance Ministry and Dangerous Structures, this totals around 12,000 plots. The average turnaround time is of less than three calendar days. Furthermore, the Operations team continually manages a significant number of re-publications due to changes in proposals, locations, site sizes, and other matters. Mailroom staff continue to provide consistent support to all units within the Authority. Their role is crucial in ensuring that important information and documents are properly handled and distributed within the organisation. The team uploaded information related to more than 10,000 third-party objections and printed over 67,000 development planning-related plans and drawings. This work requires a high level of attention to detail and accuracy. The team is also responsible for the distribution of all snail mail received by the Authority, ensuring that important correspondence is delivered to the right person or department in a timely manner. The Operations office provides ongoing support to numerous clients, including Periti, and supports them with any issues they may encounter during their interactions with the Authority and its systems. They are responsible for providing guidance and assistance to clients who need help navigating the Authority’s procedures and processes. Operations work closely with other Authority Units to help them resolve any procedural or systems-related issues that they may encounter during their day-to-day work. Additionally, they provide relevant statistics and reports to stakeholders, which enable the Authority to understand how it is performing and where improvements can be made. The fields of Geomatics and Geodetics are consistently evolving. Hence the Authority has restructured these functions to utilise human resources more efficiently and to be prepared for future challenges whilst enhancing working synergies. The Geomatics unit now combines mapping, information resources and data harmonisation and standardisation functions while the Alignment Interpretation Unit (AIU) interprets building alignments, and the Land Survey Unit physically sets out these alignments on site whilst also conducting topographical surveys.
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Planning Authority
ICT, Mapping and Digital Services Directorate
The AIU has taken a proactive approach and is making alignment plans available to applicants and Periti early in the development application process. This assists both the developer and his Perit ensuring that they can design their development according to the appropriate building/street demarcation line. As a result, the AIU processed approximately 9,400 applications which resulted in the preparation of over 3,800 plans. Furthermore, another 1,550 applications were referred to the Unit by the Development Management Directorate for consultation and over 200 alignment interpretations were prepared on topographic surveys. The Land Survey Unit (LSU) is passing through a regenerative process with the older experienced veterans retiring and new blood joining the Unit. This saw six experienced officials retiring over the last 12 months and two professional officers, three land surveyors and two survey technicians joining the unit. Furthermore, the unit recruited three MCAST apprentices, two of whom are following a degree course, thus ensuring that the experience is handed down to the younger generation. Experienced staff have trained new recruits intensively. They will continue their on-the-job training throughout the next year. The Unit processed over 2,100 requests for setting out of scheme alignment and formation levels of new developments within scheme and over 160 topographical surveys covering some 524,000m² of land area. 98% of these surveys were completed within the agreed time frames. The Geomatic Unit continued to evolve with a number of initiatives, namely; the taking on of the INSPIRE Directive, the conclusion of various EU funded projects, by participation in various EU groups and continuous research in new technologies relating to the sector. The Unit successfully implemented the INSPIRE Directive, following the Authority’s official nomination as the national competent authority. This culminated in a seminar for entities uploading data on the INSPIRE portal and the organisation of training on harmonisation of datasets for government entities.
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ICT, Mapping and Digital Services Directorate
Annual Report 2022
The Authority, as policy and decision maker, needs adequate tools to take the most effective decisions. In 2022 the department completed successfully the SintegraM and Spatial Train EU ERDF projects, as well as the preparatory work for the forthcoming EU ERDF SEnsorneT project. Furthermore, it participated in ESPON and COPERNICUS and was the Principal Contact Point for the Land Systems Group within the EEA’s Land Monitoring Service. The mapping section continued work to update the Basemap of the Maltese Islands with a 30% data capture coverage of Malta. The work of the Authority requires in-depth research, thus initiatives aimed at creating a realistic 3D model of the islands and the application of AI technology in a spatial context were also initiated. The ICT, Mapping and Digital Services Directorate is dedicated to delivering better services and tools to internal and external clients. Thus, there are various planned initiatives for 2023 that will be launched in the coming months that aim to improve the service provided.
Data Capture
Legend Data Capture Legend Imagery
Data Capture Imagery
Pending 2020
Pending
2021
2020
2022
2021 2022
31
Planning Authority
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Chairman’s Review
Annual Report 2022
Corporate Services Directorate
CORPORATE SERVICES DIRECTORATE Mr Kevin Portelli – Director
Human Resources Unit During 2022, the Human Resources Unit joined the IPS Traineeship Scheme with the aim of attracting potential recruits to the Authority. The scheme enables students in various fields to acquire practical experience related to their studies. Six university students were engaged for a 12-month work experience in the fields of architecture and law. Concurrently, 10 apprentices pursuing diploma or higher studies in ICT and Construction Engineering, were engaged from MCAST. The Unit participated in an employer branding exposure for MCAST students and rolled out a Planning Authority apprenticeship scheme on the MCAST portal. The Unit also took part in other employer branding initiatives organised by MITA and MEDE, which materialised in the engagement of nine students during the summer months. As the central manpower planning and capacity building co-ordinator, the Unit worked on filling a total of 51 vacancies. The relative calls attracted 250 applications which resulted in 37 internal appointments and the recruitment of 20 new employees. The Unit also administered the progressions of 13 employees and was instrumental in situations of unforeseen resignations by re-adjusting capacity building plans to address sudden manpower shortages. A key function of the Unit is the coordination of all health and safety matters at the Authority. The Unit carried out the following activities: • Training for 57 employees as fire wardens • Training for 13 employees as first-aiders • Training session on the use of AEDs • Coordinated a training session on general health and safety for 48 enforcement officers • Assisted in the appointment of the Workers Health and Safety Representatives Committee
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Planning Authority
Corporate Services Directorate
A comprehensive reconciliation exercise was carried out in collaboration with the employment regulator. The aim of the exercise was to update the employment records of the Authority’s employees in the books of the regulator to ensure that all staff have a correct employment history record. The Unit administered the re-introduction of uniforms for front office personnel and the re-design of uniforms for security officers.
Procurement Unit During 2022, the Authority issued and awarded multiple tenders for the supply of services and products. This included contracts for consultancy services related to an EU-funded project, the execution of a construction project, evaluations for the national spatial strategy, a training needs analysis, and the acquisition of ICT and laboratory equipment. In the same year, the Authority granted and executed fresh agreements for policy audits on the revision of the Strategic Plan for Environment and Development, a partial upgrade of existing security firewalls, eye exams for Authority employees, leasing of new office space in Gozo, and procurement of new office furniture for these locations. The Authority has also commenced work on several other tenders, such as the provision of health insurance for employees, health and safety services, financial audit services, geomatics consultancy services, and clerical and security services. These tenders will be awarded in 2023. Additionally, the Authority entered into negotiations for service and supply contracts for IT equipment and software, engineering services, and different consultancies.
Support Services Unit In its continued effort to ensure that all equipment is properly maintained, during the year 2022, the Support Services section renewed the maintenance agreements for the generator, the chiller heat pump, the fire detection system, the VRF system and the elevators. Support Services ensure that all maintenance is done in strict adherence to the manufacturer’s guidelines in its commitment to maximise the useful life of the equipment.
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Corporate Services Directorate
Annual Report 2022
Following the lifting of COVID-19 restrictions and the return of employees to the office, Support Services: • co-ordinated the installation of a ventilation system in the foyer boardrooms; • procured and distributed personal protective equipment, including masks, hand sanitising liquid and disposable gloves; • ensured regular and documented cleansing of common areas, reception areas, toilets, and kitchenettes; • organised the regular in-house sanitisation of pool cars. Following a Mystery Shopper Report, the Support Services section, followed up and implemented the suggested changes including the installation of additional perspex and signage at the reception area and modifications to the security officers’ uniform. The Section carried out various maintenance works as part of its ongoing maintenance programme. It co-ordinated various refurbishment works in offices and meeting rooms, whilst seeing to the everyday needs of the various sections within the Authority. These included: • preparatory works needed for the testing of roofs, which included the removal of soffits, removal of lighting, removal of supportive grids and the hoarding of scaffolding; • garden maintenance works including the uprooting of a dangerous tree, removal, pruning and treating of sick trees, renovation pruning, tree trail signs, and planting of flowering buds and hedging; • water-proofing works and repair of old membrane on security guardroom and Planning Commission roofs; • painting and maintenance of offices, including the replacement of old trunking; • disposal of various obsolete equipment and furniture; • co-ordination of the move of PA Gozo staff to new offices at the Xewkija Innovation Hub; • replacement of the VRF system at the Planning Commission offices; • replacement of marble slabs, wallpaper and skirting at Chairman’s block; • maintenance of fortnightly schedule for the cleaning of the fleet and the annual servicing of car fire extinguishers; • regular stock-taking of supplies to ensure proper stock-management.
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Planning Authority
Corporate Services Directorate
Finance Unit The Finance Unit is responsible for the management of the Authority’s finances and of the various schemes administered by the Authority. Further to the normal day-to-day financial control activities, in 2022 the Unit undertook the following activities: • regular and timely reporting of financial information; • regular reporting on the Development Planning Fund and the Irrestawra Darek Scheme, and timely processing of disbursements to beneficiaries of the scheme; • ongoing provision of accounting services to the EU and Multilateral Affairs Unit in relation to EU funding claims; • timely processing of refunds on overpaid, withdrawn and refused applications for development permits; • timely processing of payments to suppliers and service providers in respect of supplies and services rendered to the Authority.
Debt Collection Office The Debt Collection Office is tasked with the recovery of amounts which are due to the Authority on daily fines, direct action costs, credit agreements with developers paying their permit application fees by instalments, and other debts. During 2022, the Office carried out the following activities: • vetting enforcement files regularly to ensure the accurate and timely issue of daily fines invoices by the Finance Unit and mitigated future recovery issues. The Debt Collection Office processed 288 invoices for daily fines and direct enforcement action, issued 155 Ittri Bonarji and 28 Judicial Letters; • assisting the Legal Office and the Enforcement Directorate regularly in cases where executive judicial letters had been contested in Court. This was carried out by drawing up affidavits and administering oaths, and petitions for compromise penalties before the Executive Council. The Debt Collection Office provided assistance to the Enforcement Directorate in 39 petitions against daily fines before the Executive Council. The Office drew up affidavits and administered oaths to 42 enforcement officers and Planning Directorate staff summoned by the Environment and Planning Review Tribunal, as well as for other Authority staff requiring sworn declarations as required;
36
Corporate Services Directorate
Annual Report 2022
• assisting the Appeals Team during sittings on appeals from enforcement notices, appeals from refusals of development permit applications, and appeals by third parties, which were reviewed by the Environment and Planning Review Tribunal. The Office also temporarily assisted the Authority’s Legal Office with its workload when required; • regular monitoring of petitions, appeals and court cases in order to take appropriate follow-up action. The office liaised regularly with the Planning Commission in respect of development permit applications being processed, which had pending daily fines and/or enforcement action bills due on the site to which the application related.
37
Planning Authority
38
Chairman’s Review
Annual Report 2022
Council, Boards and Committees
COUNCIL, BOARDS AND COMMITTEES Executive Council Chairperson Mr Martin Saliba (replaced by Mr Oliver Magro on 2 December 2022)
Members
Ms Carmen Buttigieg Mr Martin Camilleri Perit Vincent Cassar (replaced by Dr Emanuel Camilleri on 19 July 2022)
Prof Saviour Formosa Ms Sharon Mifsud (resigned on 1 December 2021)
Perit Michelle Piccinino (replaced by Mr Kevin Mercieca on 11 February 2022)
Mr Sean Mangion (appointed on 11 February 2022 and replaced by Dr Stephanie Abela on 19 July 2022)
Secretary Ms Yoanne Muscat
Planning Board Chairperson
Perit Vincent Cassar (replaced by Dr Emanuel Camilleri on 19 July 2022)
Deputy Chairperson
Mr Martin Camilleri
Independent Members
Mr Joseph Brincat
(replaced by Perit Karen Abela on 19 July 2022 and replaced by Mr Joseph Zammit on 20 December 2022)
Mr Gilmour Camilleri (replaced by Ms Sharon Mifsud on 9 December 2021)
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Planning Authority
Council, Boards and Committees
Dr Chris Cilia (replaced by Perit Jean Pierre Attard on 19 July 2022)
Mr Sean Mangion (replaced by Ms Kerstin Ancilleri on 13 October 2021 and replaced by Perit Deborah Busuttil on 19 July 2022)
Representative of Environment NGOs
Ms Annick Bonello
(replaced by Mr Romano Cassar on 19 July 2022)
ERA Representative
Prof Victor Axiak
(replaced by Dr Aimee Brincat on 19 July 2022)
Public Officers
Mr Saviour Debono Grech Mr Omar Vella (replaced by Mr Bryan Degabriele on the 9 December 2021 and replaced by Perit Mario Bonello on 19 July 2022)
Perit Duncan Mifsud (replaced by Mr Gerald Vella on 11 February 2022 and replaced by Perit Joel Fenech on 19 July 2022 and replaced by Ms Maria Briffa on 30 December 2022)
Secretary
Ms Yoanne Muscat
Planning Commissions Development Permissions (within Development Boundaries) Chairperson
Perit Claude Mallia (resigned in December 2021)
Ms Stephania Baldacchino (appointed Chairperson on 7 January 2022 in lieu of Perit Claude Mallia)
Members
Perit Anthony Camilleri (No changes reappointed on the 22 July 2022)
Perit Mireille Fsadni (appointed member on 7 January 2022 in lieu of Ms Stephania Baldacchino)
Supplementary Member
Ms Lorinda Vella
(appointed on 22 July 2022 in lieu of Perit Mireille Fsadni)
Secretary
Ms Lorna Vella 40
Annual Report 2022
Council, Boards and Committees
Outside Development Zone and Urban Conservation Areas Chairperson
Mr Martin Camilleri Members
Mr Anthony Borg (replaced by Perit Joel Fenech on 2 January 2023)
Mr Frank Ivan Caruana Catania Supplementary Member
Mr Carmel Caruana Secretary
Ms Monica Gauci
Regularisation Permissions Chairperson
Perit Elizabeth Ellul Members
Dr Charles F Grech Dr Pierre Hili Supplementary Member
Perit Simon Saliba (resigned in December 2022)
Secretary
Ms Claudine Faure
Design Advisory Committee Chairperson
Dr David Mallia Members
Perit Kevin Fsadni Dr Charlene Vella Secretary
Mr Eugenio Delceppo
41
Planning Authority
Council, Boards and Committees
Agriculture Advisory Commitee Chairperson
Mr James Gauci Members
Ms Marcelle Agius Dr Duncan Chetcuti Ganado Mr Charles Spiteri Mr Neville Muscat Mr Sandro Sammut Mr Joseph Zammit Mr Joseph D’Amato (appointed on 4 July 2022)
Secretary
Mr Eugenio Delceppo
Development Planning Fund Chairperson
Perit Vincent Cassar Members
Chev. Paul Farrugia Perit Frans Mallia Dr David Mallia Perit Rita Vella Secretary
Mr Enzo Cachia
42
Annual Report 2022
Council, Boards and Committees
Users’ Committee appointed on 16 September 2022
Chairperson
Dr Edward Woods Members
Ms Marie Barbara Ms Astrid Vella Perit Martin Debono Mr Christian Vassallo Perit Simone Vella Lenicker Mr Mario Fava Mr Sandro Chetcuti Mr David Xuereb Mr David Mifsud Secretary
Ms Doris Farrugia (replaced by Ms Dorianne Ciantar from 31 October 2022)
43
Planning Authority
List of images
LIST OF IMAGES
The Images reproduced in this Report are the winning projects of the 2021 Malta Architecture & Spatial Planning Awards. Page 4
Architecture Photography Award
RAKEL VELLA Page 8
Residential Architecture Award
DEMICOLI & ASSOCIATES Portomaso Laguna Page 15
Urban Planning Concept Award
MARIA BILOCCA & MIREILLE TABONE Voids as Activators Page 16
Rehabilitation & Conservation Award
RESTORATION DIRECTORATE Valletta Design Cluster Page 19
Interior Architecture Award for Residential Projects
DANIEL SCERRI PERITI Change in Direction Page 20
Public Vote Winner
PERIT KURT SAMMUT ALESSI 4,6,8 Tower Road Page 24
Public Open Spaces Award
RESTORATION DIRECTORATE AND TETSUO KONDO Roof Garden and Green Wall at the Valletta Design Cluster
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Annual Report 2022
List of images
Page 26
Commercial and Public Buildings Award
CHRIS BRIFFA ARCHITECTS SAW Factory & Offices Page 32
Design Award for Good Architecture, Building and Structure
CHRISTIAN SPITERI ARCHITECTS Sterling HQ Page 37
Hospitality, Tourism Accommodation & Leisure Award
MED DESIGN & FORSITE FS DESIGN The Imperial, Residential Home for the Elderly Page 38
Restoration Award
AP VALLETTA Teatru Manoel Page 43
Interior Architecture Award for Commercial or Public Buildings
3DM ARCHITECTURE Portughes Outlet
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