The Development Planning Act, 2016 : a critical appraisal

Abstract

This thesis takes as its starting point the May 2014 document entitled ‘For an efficient Planning System – A Consultation Document’, which document provided the foundations for the prospective ‘demerger’ of the Malta Environment and Planning Authority (MEPA), proposing that the ‘planning regime’ within the then current MEPA would be regulated by a new Planning Authority which would handle both building and sanitary matters. In parallel, the Environment Directorate within the MEPA was destined to be elevated to an autonomous Authority, today known as the Environment and Resources Authority. The envisaged proposals further provided for the setting up of an Environment and Planning Review Tribunal under separate legislation, whose mandate was to hear and determine appeals from decisions taken by both Authorities. In July 2015, the Development Planning Bill (hereinafter also referred to as ‘2015 Planning Bill’ or ‘Planning Bill’), the Environment Protection Bill together with the Environment and Planning Review Tribunal Bill (hereinafter also referred to as ‘2015 Tribunal Bill’ or ‘Tribunal Bill’) were published and, after extensive parliamentary debating, became law. In this thesis the author considers the legal ramifications consequential to the promulgation of the Development Planning Act, 2016 and the Environment and Planning Review Tribunal Act, 2016. In essence, this study focuses on the administrative setup of the new Planning Authority, the permitting process and the new Environment and Planning Review Tribunal.