Law Blog

This blog is not being written out of any personal favour for Mr Joseph Borg, the incumbent chairman of the Environment and Planning Review Tribunal (EPRT). I have to admit, there are times when my insistence during the sittings he presides over can be quite unbearable, prompting him to stop me in a rather abrupt […]

The conservation of historic buildings is an inherently complex and often contentious issue, especially when it comes to determining whether to preserve, reconstruct, or replicate specific elements. A central challenge in this process is the question of what constitutes “significance” in a building’s history and how we decide which aspects of that history should be […]

As a matter of principle, a common wall may be constructed upon it. Indeed ‘Every co-owner may raise the height of a common wall, but he shall be liable for the expenses necessary – (a) for raising the height of the wall….’ (Article 414 of the Civil Code). Notwithstanding so, when constructing over an existing […]

Under Article 80 of Chapter 552, the revocation of a planning permit is an exceptional measure and can only occur in strictly defined circumstances. These are cases of fraud, submission of incorrect or misleading information, errors in documents, or concerns related to public safety. Yet, the legal threshold for revocation is not just the existence […]

The principle of timely objections remains  a cornerstone of procedural law, not least in proceedings before the Environment and Planning Review Tribunal (EPRT). One of the most notable cases that illustrates this concept vividly is  John Vella vs L-Awtorita’ tal-Ippjanar (App. 80/22).  John Vella brought an appeal before the Court of Appeal against a decision […]

False declarations in the planning application process can lead to serious legal problems, including criminal charges (apart from the potential loss of the permit by virtue of Article 80 of the Development Planning Act if revocation procedures are initiated within 5 years from the date of the issuance of the permit) Yet, two important ideas […]