MALTA Law and Practice Contributed by: Damien Degiorgio and Ramona Galea, Fenech Farrugia Fiott Legal
4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction The Development Planning Act, Chapter 552 of the Laws of Malta has set up a Design Advi - sory Committee responsible for making recom - mendations and providing the Planning Board with professional and expert advice required in respect of development applications filed for Urban Conservation Areas (UCAs) and other major projects. All recommendations shall be made accessible to the general public. In addition, the Planning Authority can issue plans, policies and guidelines which can regu - late the design, appearance and methodology of construction that will be followed in the develop - ment projects. 4.3 Regulatory Authorities The development and designated use of real estate in Malta is regulated by the Planning Authority. The Development Planning (Use Classes) Order, Subsidiary legislation 552.15 stipulates the various designated uses of real estate. One may also refer to the Development Planning Act together with any subsidiary leg - islation, including any policies and procedures issued by the Planning Authority. 4.4 Obtaining Entitlements to Develop a New Project Any person wishing to develop a real estate pro - ject is required to apply for a permit to the Plan - ning Board, issued under the Development Plan - ning Act, which board shall determine whether to grant or refuse such permit. Any interested person may make representa - tions on the environmental and planning issues relevant to the proposed development. The Plan - ning Board shall then be required to determine
whether to grant the permit subject to specific conditions or for a specific period of time or oth - erwise choose to refuse it, provided that it gives specific reasons. If the applicant considers that the conditions imposed are unreasonable, they may request the Planning Board to reconsider its position, without affecting their right of appeal. 4.5 Right of Appeal Against an Authority’s Decision If the Planning Board imposes conditions which are considered unreasonable, or has refused to reconsider its position, the applicant shall have the right to lodge an appeal before the Environ - ment and Planning Review Tribunal. An interest - ed third party shall also have the right to lodge an appeal against such decision taken by the Planning Board or the Planning Commission. The Tribunal shall have the power to confirm, alter or revoke such decision and may give all directions as it deems necessary according to the circumstances. 4.6 Agreements With Local or Governmental Authorities It is possible to enter into an agreement with governmental authorities to ensure the provision of the necessary utilities required in a project. 4.7 Enforcement of Restrictions on Development and Designated Use Please refer to the restrictions imposed by the Executive Council as outlined in 4.1 Legislative and Governmental Controls Applicable to Stra- tegic Planning and Zoning .
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