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Title: What is development?
Authors: Musumeci, Robert
Keywords: Planning -- Law and legislation -- Malta
Planning Authority (Malta)
Malta Environment and Planning Authority
Issue Date: 2023
Citation: Musumeci, R. (2023). What is development?
Abstract: As a general rule, ‘any person, including a department of government or a body corporate established by law’ wishing to carry out a ‘development’ is required to obtain permission from the Planning Authority, unless the Development Planning Act, 2016 provides otherwise. The question that often arises amongst practitioners is the following: what constitutes ‘development’? The answer is found in Article 70 of the Development Planning Act, 2016 which defines ‘development’ as follows: ‘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’. Essentially, the above definition is a reproduction of Article 67(2) of the Environment and Development Planning Act. In Raymond Vella vs L-Awtorita’ Ta' L-Ippjanar the Planning Appeals Board had held that the meaning of ‘development’ should, in any case, be given an extensive interpretation. The Board observed inter alia: “…..t-tifsira tal-espressjoni ‘zvilupp’ kif definita f'dan is-subartikolu ghandha tifsira wiesgha hafna”.
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