Law Blog

One of the silent pillars of lawful decision-making is motivation. Not in the aspirational sense—but in the legal sense: the duty of public authorities to give reasons for what they decide. In planning law, this duty is not ornamental. It is a cornerstone of administrative legality, a check against arbitrariness, and a sign that justice […]

Article 80 of the Development Planning Act allows the Planning Authority to revoke or amend a permit—but only in strictly defined circumstances, such as fraud, material misstatements, or issues of public safety. Still, courts have insisted that Article 80 is not there to be pulled into indefinite suspension just because a related application is still […]

It is a settled principle in Maltese administrative law that the Court of Appeal in planning cases may only intervene “on a point of law.” This jurisdictional threshold reflects a careful constitutional balance: while the Environment and Planning Review Tribunal may evaluate facts, context, and visual integration, the Court must respect its discretion—unless that discretion […]

One common question is whether there exists any legal latitude to justify a new dwelling within a Category 2 ODZ Settlement despite a policy presumption against such development. On paper, the answer seems straightforward. Policy NWRS3 of the North West Local Plan only permits residential development on uncommitted land if the site fits one of […]

The Graffiti case wants both ‘participation’ and  ‘grievance’ Few words in planning appeals generate more debate—and more confusion—than parteċipazzjoni. The law in Article 50(2) of Cap. 551 provides that only those who have participated in the appeal before the Environment and Planning Review Tribunal may go on to appeal its decision to the Court. Indeed […]

It is tempting—especially in planning law—for objectors and even judges to confuse a strong opinion with a legal breach. But the law draws a line. When a decision depends on how something looks, feels, or fits within its surroundings, we are no longer dealing with law—we are dealing with judgment, and that judgment belongs to […]