Development Planning Act (Cap. 552), article 77

77. (1) If an applicant considers that the conditions imposed upon a full development permission or outline development permission, or a refusal of such a permission, or any other decision, is unreasonable, he may lodge an appeal with the Tribunal according to the Environment and Planning Review Tribunal Act. Cap. 551. (2) Where a request for reconsideration has been made, and the Planning Board or the Commission revises its decision, an appea l from such a reconsidered decision may be made by the applicant, registered interested third parties and external consultees to the Tribunal in accordance with the Environment and Planning Review Tribunal Act. Cap. 551. (3) Other parties indicated in the Environment and Planning Review Tribunal Act may lodge an appeal from a decision of the Planning Board or of the Commi ssion with the Tribunal according to the Environment and Planning Review Tribunal Act. (4) Repealed by Act XXI.2022 .10. Call in Procedure. 78. (1) Where an appeal is lodged by an applicant or by a registered interested third party, or by any external consultee from any decision of the Planning Board or the Commission relative t o the instances referred to in sub-article (2), the secretary of the Tribunal shall inform the Minister of such an appeal within fif teen days from its receipt. In such case, the Minister may, within f ifteen days from the date when he has received such information, eithe r instruct the Tribunal to proceed with the determination of the appeal or decide to refer the appeal to the Cabinet of Ministers for determination. Where the Minister does not decide to refer such an DEVELOPMENT PLANNING [CAP. 552. 55 appeal to the Cabinet of Ministers as aforesaid within the said period, it shall be deemed for all purposes and effects of law that he has opted to refer the said appeal to the Tribunal for its deci sion. (2) The Minister may refer to the Cabinet of Ministers any appeal called in by him in terms of sub-article (1), where such an appeal relates to decisions in respect of: (a) a development which appears to him to be of a strategic significance; (b) a development which appears to him to affect matters of national security or national interests; (c) a development which appears to him likely to affect the interests of the Government of Malta or other governments; (d) a development which is subject to an environmental impact assessment and which in the Minister’s opinion is of national interest; (e) a development where the applicant is a department of Government or a body corporate established by law. (3) Where the Minister decides to refer to the Cabinet of Ministers an appeal referred to him, he shall request the Tribu nal to draw up its recommendation on that appeal after having heard th e parties and the Tribunal shall send its recommendation on that particular appeal to the Minister who shall refer it to the Cabinet of Ministers. Such recommendation shall be available to the public . (4) The Cabinet Secretary shall, within fifteen days from the date of such decision, communicate the decision of the Cabinet of Ministers to the Planning Board and the Commission together wit h the reasons in justification thereof and the Planning Board sha ll comply therewith, publish the decision of the Cabinet of Minist ers in such manner as it may deem fit or as may be prescribed and s hall communicate the decision of the Cabinet of Ministers to the par ties within fifteen days from the receipt of such decision. Cap. 492. Cap. 12. (5) A decision by the Cabinet of Ministers pursuant to this article which relates to a development or an installation which is subject to an environmental impact assessment and, or an IPPC permit, may, upon an application by the appellant or by an interested party, which may include a non-governmental organisation having as one of its purposes the promotion of environmental protection and is registered under the Voluntary Organisations Act, be subject to appeal on matters of substantive and procedural legality to the Court of Appeal in its superior jurisdiction. An appeal in terms of this sub-article shall be made by an application to be filed within ten days from the date of communication of the decision of the Cabinet of Ministers to the parties. The appeal proceedings shall be concluded by the Court of Appeal within four months from the filing of the appeal before it and shall not be prohibitively expensive. Legal and judicial co sts and fees in the said proceedings shall be taxed in accordance w ith paragraph (7) of item 3 of Tariff A and with paragraph ( b) of item 15 of Tariff E in Schedule A to the Code of Organization and Civil Procedure . 56 [CAP. 552. DEVELOPMENT PLANNING (6) The execution of any development or the operation of any installation which is subject to an environmental impact assess ment and, or an IPPC permit, and which is pending a decision by the Cabinet of Ministers in terms of this article shall be suspended until the decision of the Cabinet is taken. Cap. 492. (7) Where a decision of the Cabinet of Ministers is subject to an appeal in accordance with sub-article (5), the Court of Appe al may, upon a request of the appellant or of an interested party, which may include a non-governmental o rganisation having as one of it s purposes the promotion of environmental protections and which i s registered under the Voluntary Organisations Act, order that the execution of the development or the operation of the installati on be suspended whilst proceedings before the said Court are pending. Planning obligation.