Development Planning Act (Cap. 552)

Development Planning Act (Cap. 552), article 79

Official PDF on legislation.mt

79. (1) A planning obligation may be entered into in those cases where the Planning Board, in connection with a grant of a development permission, seeks to impose on the applicant an obligation: (a) to carry out an activity or works: (i) on the land in respect of which development permission is sought, or (ii) on any other land or area, or (iii) on the land or area mentioned in both sub- paragraphs (i) and (ii); or (b) to make some payment or confer some extraneous right or benefit, where the Planning Board considers it to be more appropriate. The Planning Board shall seek to obtain these benefits or gains by means of conditions attached to a grant of the development permission, or by means of a planning obligation entered into by a public deed. (2) Any person may, by agreement with the Planning Board, enter into a planning obligation: (a) restricting the development or use of that land in any specified way; (b) requiring specified operations or activities to be carried out, in, on, under or over that land or area; (c) requiring that land or area to be used in any specified way; or (d) requiring a sum or sums to be paid to the Authority on a specified date or dates or periodically. (3) The Minister may make regulations for giving better effect to the provisions of this article and may, without prejudice to the generality of the foregoing: (a) prescribe the procedure how a planning obligation may be entered into, enforced, modified and discharged; (b) establish any restrictions, conditions or the payment of any sums of money which may be imposed in such planning obligations. DEVELOPMENT PLANNING [CAP. 552. 57 (4) The applicant and any person interested in the land may appeal to the Tribunal from a planning obligation entered into in terms of sub-article (1). Revocation or Modification of Permission Revocation and modification.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.