Planning development and the environment : the legal implications

Abstract

Chapter 1 provides the historical background to planning control in Malta recalling the various reports, proposals and draft legislations put forward. This part is important since it tends to portray a clear understanding of past trends which eventually led to the new development control system. Chapter II introduces the legal and institutional framework created by the Development Planning Act, 1992. This is done by first giving a brief outline of the political and administrative background of these organs and secondly focusing on these organs themselves. The Planning Appeals Board is not considered in Chapter II because I felt that it should be treated in more detail in a chapter dedicated solely to it. The main reason for this is because this organ is perhaps the one which should mostly concern lawyers. Chapter IV then analyses the Development Plans which include the Structure Plan, local Plans and other subsidiary development plans. It should be noted that the Planning Authority has three basic functions. The first one is to prepare development plans that provide a framework of the planning system. The second basic function of the Authority is considered in Chapter V. Development Control is an instrument used by Governments to implement the land use policies of a development plan. This concerns the way in which the Authority considers and makes decisions on planning applications. The third basic function of the Authority - the enforcement of its decisions - is considered in the last Chapter. Finally, the Conclusion to this Thesis highlights some of the shortcomings of the DPA and the Authority and also contains some proposals which may be helpful to remedy such shortcomings.