Planning permissions may be modified or revoked under Article 80 of Chapter 552, which stipulates:
‘80.(1) The Planning Board may, only in:
(a) the cases of fraud; or
(b) the submission of any information, declaration or plan which is incorrect or does not reflect the situation onsite; or
(c) where there is an error on the face of the record; or
(d) where public safety is concerned,
by a decision revoke or modify any development permission granted under this Act, including any clearance issued by the Planning Board under an Order, stating in such decision its reasons for so doing and indicating in a clear manner the legal basis for the revocation.
Upon any such request made by any person to revoke or modify a permission in terms of this Act, or out of its own motion, the Executive Chairperson must prepare his recommendations to the Planning Board as to whether the development permission should be revoked or modified and invite both the applicant and the person making the request, if any, to make written submissions.
The Planning Board shall communicate the date and time of its hearing to the applicant and to the interested person making the request under this article, if any. During such hearing the Planning Board shall also hear the said applicant’s submissions, if the latter opts to attend, the interested person’s submissions, if any, and any other person’s submissions:
Provided that the Executive Chairperson may in relation to any development permission, including any clearance issued under an Order after the date of coming into force of this Act, commence proceedings to revoke or modify any such development permission, including any clearance issued by the Planning Board under an Order, within five years from the date of issuing of the development permission, including any clearance issued under an Order.
(2) For the purposes of sub-article (1):
“fraud” means the submission to the Planning Board of any information, declaration or plan on the basis of which the Planning Board has approved a development permission, where such information, declaration or plan is false;
“incorrect information, declaration or plan” means the submission to the Planning Board of any information, declaration or plan on the basis of which the Planning Board has approved a development permission, where such information, declaration or plan does not reflect the situation on site or is erroneous or mistaken;
“error on the face of the record” means an error made by the Planning Board in reaching a decision and such error is apparent from the records of its proceedings:
Provided that the Planning Board shall not revoke or modify a development permission on the basis of fraud or incorrect information, declaration or plan or error on the face of the record, where such circumstance did not have a material bearing on the issuing of the development permission in such a manner that had the correct information been available at the time of the decision the outcome would not have been different.
(3) The applicant, or the interested person making a request under this article shall, if he feels aggrieved by the decision taken by the Planning Board, have a right to appeal the Planning Board’s decision to the Tribunal within thirty days from the date of the hearing when the decision was taken.
(4) No compensation may be demanded from the Authority when it acts under the provisions of sub-article (1) where the reason for the revocation or a modification of a development permission is based on fraud, incorrect information, declaration or plan, or error on the face of the record or for considerations of public safety.’
In my publication titled “Wara Revoka ta’ Permess“, I make it clear that when a permit is revoked, as opposed to merely modified, the application process ought be reopened automatically ex lege (by operation of the law). This publication provides a detailed legal explanation of this process.
