Should article 70 of the development planning act be revised?

Abstract

Development in Malta invariably commences with the pursuit of a development permit from the Planning Authority. The requirement of a planning permission is invariably linked to the definition of development. The crux of the matter lies in how 'development' is interpreted, and this study meticulously evaluates Section 70 of the Development Planning Act 2016, which defines development, to uncover practical challenges. The journey begins with Act I of 1992, the inception of this definition, and traces its evolution through subsequent amendments. Parliamentary debates provide essential context, while judicial decisions and quasi-judicial rulings offer valuable insights, even when they reveal unresolved issues. Furthermore, reference is made to the UK Town and Country Planning Act of 1990, the foundation of Malta's development definition. UK case law is also consulted to aid comprehension and provides a basis for comparison. The analysis culminates in a clear call for revision to improve clarity and certainty to the definition of development, addressing evidenced legal ambiguities, leading the author to propose specific revisions to the development definition. The suggestions offer a structured and more comprehensible framework, while at the same time allowing for pragmatic vagueness to provide for the necessary discretion required to deal with different circumstances. Striking a balance between legal certainty and adaptability is crucial.