Law Blog

There are those who might assume that assessing whether a masonry wall can bear an additional load is a straightforward exercise: one simply compares the anticipated load in kilonewtons to the bearing capacity of the underlying ground, using values obtained from laboratory core tests or relying on commonly accepted figures for materials such as Upper […]

In its decision in Medsea Holdings Ltd, Attn: Anthony Vassallo vs L-Awtorità tal-Ippjanar (Appell 313/24JB, PA1427/23, decided 29 April 2025), the Environment and Planning Review Tribunal addressed a contested proposal to convert a former social club into a Class 4A office and extend the existing building to include a fourth recessed storey. The site, located […]

In Maltese planning law, statutory time-limits are not mere formalities but essential preconditions to the exercise of jurisdiction. An appeal filed even marginally outside the prescribed time is not irregular—it is void. The rule tempus regit actum governs not only private law acts but applies with full force in administrative procedures where the right to […]

A recent decision of the Environment and Planning Review Tribunal —Justin Calleja vs l-Awtorità tal-Ippjanar (Appell 14/25JB, PA887/24, decided on 29 April 2025)—offers timely guidance on the role of technical evidence in contesting rigid interpretations of planning policy. Specifically, the case demonstrates that a swept path analysis can serve as a legally persuasive rebuttal to […]

The Environment and Planning Review Tribunal’s decision in Rev. Fr. Joseph Saliba bħala Provincjal u Rev. Fr. Charles Mallia f’isem il-Kunvent tal-Karmelitani Balluta vs Awtorità tal-Ippjanar u John Cilia (Appell 489/19DMP, PA3672/19, 29 April 2025) is interesting as it confirms a foundational principle of Maltese planning law: ownership matters. Despite the increasing proceduralisation of planning […]

In the recent decision Mario Attard vs Awtorità tal-Ippjanar (App. 67/2024), the Court of Appeal (Inferior Jurisdiction) had occasion to revisit the delicate balance between procedural fairness and the autonomous reasoning powers of the Environment and Planning Review Tribunal. At the heart of the case was the appellant’s contention that the Tribunal had violated the […]