Development control planning appeals : Malta, England, Ireland, and The Netherlands compared

Abstract

The aim of this dissertation is to present a factual account of the Maltese Planning Appeal System and to compare it with that of another three European Countries: England, Ireland and the Netherlands, in order to understand the Maltese system better. It is argued that there exist fundamental differences between the British Planning System and its appeals as opposed to the Continental one. Given that Malta's Planning System together with its appeals was modelled upon the British system, this dissertation will seek to establish whether the recent 1997 and 2001 DPA amendments to the Act have affected the local planning system and its appeals; it also investigates the extent to which Malta's development control planning appeals currently follow the British system or whether they have instead become subject to Continental planning influences and considerations, bearing in mind the bilingualism of Maltese Legal thinking. Prior to comparing these planning appeal system, the study begins by outlining and comparing the planning system of the four selected countries since it is necessary to discuss their planning appeals before identifying their planning systems and framework. The comparison will also regard the autonomy and government's role within the four countries' planning system and their appeals. The dissertation will conclude by considering a local case study and recommending improvements to Malta's planning appeals system.