Is planning permission required for expressing ones' feelings?

Abstract

According to Article 70(2) of the Maltese Development Planning Act (DPA), any new ‘development’, that is to say, “the carrying out of building, engineering, quarrying, mining or other operations for the construction, demolition or alterations in, on, over, or under any land or the sea, the placing of advertisements or the making of any material change in use of land or building and sea” requires full development planning permission. A wide interpretation is commonly given to this definition of development. The same conclusion was drawn, for example, by the Planning Appeals Board in the case Raymond Vella vs L-Awtorita’ Ta’ L-Ippjanar (1994). In this case, the Planning Appeals Board held that “... t-tifsira tal-espressjoni ‘zvilupp’ ….. ghandha tifsira wiesgha hafna.” Odd as it may seem, full development permission may be also issued after development has already taken place. In other words, one can carry out development and seek permission later. The only difference in such case would be that the applicant would be subjected to a fine, the amount of which varies depending on the nature and scale of the sanctioned development.