Study-Unit Description

Study-Unit Description


CODE ERL1001

 
TITLE Development Planning Legislation

 
UM LEVEL 01 - Year 1 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 4

 
DEPARTMENT Environmental and Resources Law

 
DESCRIPTION This study-unit is intended to introduce the student to Maltese Development Planning Law together with a basic understanding of the key notions of administrative law.

Study-unit Aims:

The study-unit aims to familiarise the student with Maltese Development Planning Law with specific focus on the key provisions of the Development Planning Act (Chapter 552 of the Laws of Malta), the Environment and Planning Review Tribunal Act (Chapter 551 of the Laws of Malta) and a selected number of subsidiary regulations flowing therefrom.

Learning Outcomes:

Knowledge and Understanding:

By the end of the study-unit, the student will be acquainted with the principles of Maltese development planning, whether from the position of a lawyer representing an applicant or a third party in relation to a planning application before the Planning Authority or the Tribunal or when challenging a Tribunal decision on a point of law before the Courts.

Skills

By the end of the study-unit, the student will be able to:
• compare and contrast the functions, powers and duties of the different organs established under Maltese planning legislation;
• give legal advise on issues touching development planning matters;
• apply established case law to pending planning applications;
• apply the general notions of administrative law in the context of development planning matters;
• critically appraise the lacunae and difficulties posed by Maltese development planning legislation.

Selected Bibliography:

Textbook

• Robert Musumeci “Selected Principles of Maltese Planning Law”. Kite Publishers, 2021.

Additional Readings

• Robert Musumeci “The Development Planning Act, 2016 – A Critical Appraisal”. LL.D. Thesis, University of Malta, 2016 available from: https://www.um.edu.mt/library/oar/handle/123456789/16649
http://robertmusumeci.com/publications/ligi-ippjanar/

Important Websites

• www.pa.org.mt for general information about the Planning Authority, including laws, plans, policies, guidelines, circulars to architects and all the decisions of the Planning Authority.
• www.eprt.org.mt to retrieve decisions of the Environment and Planning Review Tribunal.
• https://legislation.mt/ for all Maltese legislation, including that relating to Development Planning
• https://ecourts.gov.mt/onlineservices/CivilCases to retrieve decisions of the Maltese Courts starting from 2001

Main Legislation

• Development Planning Act, Chapter 552 of the Laws of Malta.
• Environment and Planning Review Tribunal Act, Chapter 551 of the Laws of Malta.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Examination (2 Hours) SEM1 Yes 100%

 
LECTURER/S Robert Musumeci

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit