Commitment kontra l-policy

Abstract

L-Artikolu 72(2) tal-Kap 552 issostitwixxa dak li, preċedentement, kien l-Artikolu 69 tal-Kap 504. Il-verżjoni Ingliża tal-Artikolu 72(2) tal-Kap 552 illum tgħid hekk: ‘In its determination upon an application for development permission, the Planning Board shall have regard to: (a) plans; (b) policies: Provided that subsidiary plans and policies shall not be applied retroactively so as to adversely affect vested rights arising from a valid development permission, or a valid police or trading licence issued prior to 1994; (c) regulations made under this Act: Provided that the Planning Board shall only refer to plans, policies or regulations that have been finalised and approved by the Minister or the House of Representatives, as the case may be, and published; (d) any other material consideration, including surrounding legal commitments, environmental, aesthetic and sanitary considerations, which the Planning Board may deem relevant; (e) representations made in response to the publication of the development proposal; and (f) representations and recommendations made by boards, committees and consultees in response to notifications of applications.’ Invece, l-Artikolu 69 tal-Kap 504 (illum sostitwit bl-imsemmi Artikolu 72(2) tal-Kap 552) kien jaqra hekk: ‘(1) In its determination upon an application the Authority shall: (a) with respect to an application for a development permission apply the following: (i) plans: Provided that the height limitation may only be modified by applying a policy which deals with the maximum building height which may be permitted on a site, which policy may take into consideration the site coverage, the building volume which may be permitted on a site or any other material consideration; (ii) policies: Provided that subsidiary plans and policies shall not be applied retroactively so as to adversely affect vested rights arising from a valid development permission; (2) In its determination upon an application the Authority shall also have regard to: (a) any other material consideration, including, environmental, aesthetic and sanitary considerations, which the Authority may deem relevant: Provided that no such material consideration including commitment from other buildings in the surroundings may be interpreted or used to increase the height limitation set out in a plan; (b) representations made in response to the publication of the development proposal’. Mill-premess, jirriżultaw żewġ bidliet sinnifikanti li ġab miegħu l-Artikolu 72(2) tal-Kap 552 (paragunat mal-Artikolu 69 tal-Kap 504).