One of the most delicate aspects of development planning law and the evaluation of planning applications for development approval is the application and interpretation of policies. It is not uncommon for planning policies to seemingly clash, although more often than not, they are intended to be read in conjunction with each other. Nevertheless, it is […]

Let’s initiate our discussion with the current definition of a ‘commencement notice’ found in the Development Planning Act, namely: ‘… a notice submitted by the perit on behalf of the applicant to the Authority at least five (5) days prior to the date of commencement of works or of the utilization of a permit, to […]

To be honest, the Prime Minister is justified in arguing that starting a construction project, which would need complete reinstatement if the permit is revoked, is illogical. Hence, the PM’s proposal to transition to automatic suspensions when development permits are under appeal by third parties is not prima facie unreasonable. In practice, however, this means […]

  In my previous blog post, I discussed the Cabinet’s intention to transition towards automatic suspensions in cases where planning permissions are under appeal.   Currently, the Environment and Planning Review Tribunal (EPRT) has the authority to order the suspension of permits under Article 33(3) of the EPRT Act (Chapter 551 of the Laws of Malta). […]