Ligi Ippjanar

According to Article 39 of Chapter 551 of the Laws of Malta, when Environment and Planning Review Tribunal (EPRT) decisions are reviewed by the courts, they should avoid re-examining the EPRT’s assessment of facts and how such facts ‘fit’ within the policy. In other words, courts will usually not overturn decisions based on factual considerations […]

Under Maltese law, when courts review decisions made by the Environment and Planning Review Tribunal (EPRT), they must limit their examination to determining whether the Tribunal’s decision is lawful (Article 39 of Chapter 551 of the Laws of Malta). Supposedly, this means they look at legality and procedural propriety, without re-checking the facts found by […]

The Environment and Planning Review Tribunal (EPRT) is not a forum for rewriting the rules or questioning the validity of laws, policies, and plans. The Court of Appeal left no room for doubt in Moviment Graffitti et al. v L-Awtorita’ tal-Ippjanar u Titan Developments Limited (2024). In that case, the Court stated emphatically: “It-Tribunal m’huwiex […]

It appears that planning legislation is due for another overhaul, although perhaps not as extensive as the changes made in 2016 with the promulgation of the Development Planning Act and the Environment and Planning Review Tribunal Act. The Prime Minister has hinted at some significant changes that are likely to be introduced.  He reiterated the […]

In recent weeks, a debate has erupted over the local plan review of the Villa Rosa site in St. Julians. This was not unexpected, particularly given the surrounding controversies related to the adjacent DB project and other anticipated developments by the Corinthia Group, which are likely to unfold in due course. The Nationalist Party has […]