Development Planning Act (Cap. 552), article 71

71. (1) Any person, including a department of government or a body corporate established by law, wishing to carry out any development referred to in article 70, shall apply to the Planning Board for such permission, in such manner, on such form and giving such information as the Planning Board may prescribe. (2) The Planning Board may grant three types of development permissions: DEVELOPMENT PLANNING [CAP. 552. 49 (a) an outline development permission which gives approval in principle to the proposed development, but specifies reserved matters which need to be included in a full development permit application or applications. A period of time shall be stated within which the full development permit application or applications shall be submitted, failure of which would render the outline development permit null. Such period shall in no case exceed five years. No development may commence without a full development permit; (b) a full development permission is required before any development can commence, whether or not preceded by an outline development permission. The full development permission will be given subject to conditions included in the permission; (c) a non-executable full development permission which approves the development but imposes conditions to be adhered to before a full development permission is issued. (3) Any person may also apply to the Planning Board for a determination as to whether a proposal requires a development permission and the Planning Board is bound to inform that perso n whether a development permission or any other form of notificat ion is required in terms of this Act or not. (4) An applicant for development permission shall declare to the Authority that: (i) he is the owner of the site or that he has notified the owner of his intention to apply by registered letter of which a copy has been received by the Authority and that the owner has granted his consent to submit an application; or (ii) he is authorised to carry out such proposed development under any other law or through an agreement with the owner. (5) Where: (i) the applicant is the Government of Malta, or any department, agency, authority or other body corporate wholly owned by the Government; or (ii) the applicant is not the owner of the site, but he holds the site under title of agricultural lease, or holds the premises under a title of lease and he is carrying out the works under a scheme of a Government entity, the applicant must still notify the owner of his intention to a pply by registered letter of which a copy has been received by the Authority, but need not certify that the owner has granted his consent to such a proposal. (6) Any person may declare an interest in a development and, on the basis of issues relevant to environment and planning, ma ke representations on the development. Such declaration of interes t 50 [CAP. 552. DEVELOPMENT PLANNING and representations shall be in writing and is to be received b y the Planning Board within such period as established by regulations prescribed by the Minister. A declaration that is not submitted within this stipulated period shall be considered null and may not be considered by the Planning Board. (7) During the processing of the application, the Executive Chairperson shall consider representations made by registered interested parties in accordance with the provisions of sub-article (6). (8) The Planning Board shall inform the registered interested parties where fresh drawings have been filed and the registered interested parties shall be notified of the Planning Board’s si tting when such application shall be discussed: Provided that such submissions may be made in any format deemed appropriate by the Planning Board, and shall include submissions received by post or by hand and electronic submissions: Provided further that if the last day for submissions as set out by the Planning Board is a public holiday or a day when the offices of the Authority are closed to the public, the time limit for such submissions shall be deemed to expire on the next followin g working day. Permissions. 72. (1) The Planning Board shall have the power to grant or to refuse a development permission. Any development permission approved shall be without prejudice to third party rights and shall not in any manner constitute or be construed as a guarantee in favour of the applicant as to the title to the property. Moreover in the granting of a development permission, the Planning Board sh all be entitled to impose such conditions which it may deem appropriate: Provided that the Planning Board shall give specific reasons for any refusal or for any particular conditions that m ay have been imposed. (2) In its determination upon an application for development permission, the Planning Board shall have regard to: (a) plans; (b) policies: Provided that subsidiary plans and policies shall not be applied retroactively so as to adversely affect vested rights arising from a valid development permission, or a valid police or trading licence issued prior to 1994; (c) regulations made under this Act: Provided that the Planning Board shall only refer to plans, policies or regulations that have been finalised and approved by the Minister or the House of Representatives, as the case may be, and published; (d) any other material consideration, including surrounding legal commitments, environmental, DEVELOPMENT PLANNING [CAP. 552. 51 aesthetic and sanitary considerations, which the Planning Board may deem relevant; (e) representations made in response to the publication of the development proposal; and (f) representations and recommendations made by boards, committees and consultees in response to notifications of applications. Cap. 551. (3) Saving development which in the opinion of the Minister is of strategic significance or of national interest, related to a ny obligation ensuing from a European Union Act, affects national security or affects the interests of other governments but not subject to an Environmental Impact Assessment and, or IPPC matters, the execution and validity of a permit shall be automatically temporarily suspended and no works as approved by the said development permit may commence before the lapse of the time periods established in article 13 of the Environment and Planning Review Tribunal Act and subsequently will remain so suspended if the Tribunal so decides in accordance with the Environment and Planning Review Tribunal Act. (4) A development permission may be granted for a limited period but shall cease to be operative if the activity or devel opment has not been completed within the period specified in the development permission, if any: Provided that the Planning Board shall, on the application of the person holding the full development permission, renew th e said permission on receiving a v alid renewal application while the previous development permission is still operative, to such fur ther period or periods as it may consider reasonable: Provided further that where there has been a change in plans or policies applicable to the requested renewal developme nt permission, these new plans and policies shall be taken into account unless the site subject to the application is already committed by the original development permission in relation to these plans and policies: Provided futher that if the applicant fails to submit the commencement notice relative to the permission, such developmen t permission shall be considered as never having been utilised. (5) Any permission still in force shall automatically pass on to the new owners of the development. (6) In granting a development permission, the Planning Board may require the applicant to carry out the activity or developm ent in stages. The Planning Board shall inform the applicant in the permission which are the said stages and, following the completion of each stage, the applicant shall request the Planning Board t o carry out an inspection of the activity or works carried out, a nd if, following such an inspection, it is found that the activity or works have been carried out in terms o f the development permission, t he Planning Board shall authorise the applicant to carry out the n ext stage of the activity or development. (7) Where the Planning Board considers it appropriate to 52 [CAP. 552. DEVELOPMENT PLANNING closely monitor specific conditions in a development permission by appointing a person competent for the said purpose, it shall do so at the expense of the applicant. (8) Without prejudice to the provisions of this article, where a n application to develop land consists in the mining of minerals, the Planning Board may and, where planning and environmental standards so require, shall, require the applicant to provide a scheme for the treatment of the working and surrounding areas during the working period and for the treatment of the said areas when working is completed. (9) The Planning Board shall not grant permission for the mining of minerals unless it is satisfied that planning and environmental standards will be met and that the site will be kept and eventually left in acceptable conditions. (10) Where the Planning Board has required a scheme to be submitted for the various stages as provided in sub-article (6) , the scheme, as accepted by the Planning Board, shall be made a condition of any permission granted by it, and the Planning Boa rd shall further require such guarantees to be given by the applic ant as it deems necessary to ensure that the scheme will be adhered to . Supplementary provisions regarding permissions.