Are material considerations and planning policies equally important in the context of article 72 of chapter 552 of the Laws of Malta?

Abstract

This article by Sarah Pisani was previously submitted as part of

ERL1001 and is being published with the author’s permission. It

analysis the legal framework of development planning in Malta,

specifically focusing on the balance between material considerations

and planning policies as outlined in Article 72 of the Development

Planning Act 2016. The author examines the changes between the

previous legislation (Article 69 of the Environment and Planning

Development Act) and the current one, arguing that the shift from

“shall apply” to “shall have regard to” has weakened the legal weight

of plans and policies. Through the review of various court cases, the

article highlights the inconsistency in judicial interpretation, where

courts often prioritize policies over material considerations.