Selected principles of Maltese planning law

Abstract

This research is about the development of new ideas and solutions in order to bridge the numerous legal lacunae encountered in the course of the decision-making process surrounding planning applications, whether such decisions are taken before the Planning Authority, the Environment and Planning Review Tribunal or the Court of Appeal.

The author points out that the entire process, already complicated as is, is made even more so when there are issues with ambiguous drafting, badly interconnected definitions, incomplete provisions and inconsistent scope of application.

Each time there is a legal quandary, the Maltese courts are the final arbiter. Even though the court contributed its fair share to solve many of the arising issues, several fundamental questions remain.