Environment and Planning

With the setting up of the Planning Authority (now known as the Malta Environment and Planning Authority) through Act 365 of 1992, a new set of laws and regulations were created in order to regulate development within the Maltese Islands. These laws tend to evolve and update themselves continuously and have also brought with them various requirements such as the obligation of submitting a proper application for the issue of a development permission, the right to object against a particular proposed development, the right to request a reconsideration against a refusal of a development permission and the right to appeal against the issue of a refusal or even against the issue of a development permission.

These rights and obligations are exercised through the timely filing of pleadings before the competent Authority, Commission or Board. The law allows and, in some instances, requires an applicant to be assisted by a lawyer. Services offered by this office in this area include:

1. Advice and research prior to submitting a development permission application;
2. Advice and follow-up of a pending development permission application;
3. Advice and submission of an objection within the time specified by law against any particular proposed development or against an existing illegal development;
4. Advice and submission of replies and comments against a negative Development Permission Report;
5. Consultation with the competent Authority, Commission or Board prior to the issue of a decision concerning a development permission application;
6. Advice and submission of a request for reconsideration within the specified time at law and follow up of the same including attendance of meetings;
7. Advice and submission of an appeal to the Planning Appeals Board within the prescribed time and follow up of the same including attendance at appeal hearings;
8. Advice and submission of appeals to the Court of Appeal upon a refusal or negative judgement from the Planning Appeals Board.

In this area of practice, it is of utmost importance to know the exact time periods set out by law for each and every kind of application, submission, objection, request or appeal as non-observance of the same brings about the nullity of application concerned. The advice of a competent lawyer in this area is therefore highly recommended.