The legal interplay between the Development Planning Act and cultural heritage in Malta

Abstract

This dissertation aims to critically examine the complex legal relationship between Malta’s Development Planning Act and Cultural Heritage Act. Specifically, it aims to study the relationship, areas of tension, and potential for harmonization between land use, urban development, and cultural heritage preservation in terms of Maltese law. With the focus on legislative provisions of Chapters 445, 551, and 552, such research will cover the laws that form the basis for the country’s development and heritage conservation efforts. The dissertation raises the problem of rapid urbanization and its implications for archaeological sites and the sustainability of cultural assets. It then investigates the extent to which recent amendments to the Cultural Heritage Act and implementation of the National Strategy for Cultural Heritage have helped to address the existing problems in law. Additionally, the study considers the role of the Superintendence of Cultural Heritage and its relationship with the Planning Authority to propose a more integrated approach to protecting Malta’s historical legacy. The dissertation reveals the problem areas, highlighting several case studies for the analysis. The described conflicts of interest between the developers and heritage preservers point to the possibility and need to integrate the two opposing laws. At the same time, it is argued that even if harmonized, the acts leave much to be desired in terms of balancing development with heritage protection. Therefore, the concluding part of the dissertation formulates the recommendations for changes in the legislation. The proposed additions imagine Malta as a place where the past is no longer used and consumed but rather celebrated as an integral part of the evolving urban landscape.