Sciberras Advocates represented residents in a planning appeal at the Environment and Planning Review Tribunal (EPRT).
Sciberras Advocates represented Senglea residents in a planning appeal concerning a proposed guesthouse development within the city’s Urban Conservation Area (UCA). The Environment and Planning Review Tribunal (EPRT) partially upheld the appeal, requiring changes to the approved development to reduce its impact on the surrounding historic streetscape.
The Case
The case concerned a Planning Authority permit for the development of a guesthouse in Senglea, one of Malta’s historic Three Cities. The proposed development was located within an Urban Conservation Area, where development must be considered not only in terms of the individual property, but also in relation to the character, architectural context and streetscape of the surrounding area. Residents objected to aspects of the proposed development and subsequently challenged the permit before the Environment and Planning Review Tribunal (EPRT).
A central concern raised in the appeal related to the scale and visual impact of the proposed development, particularly the rooftop structure. Development within an Urban Conservation Area can raise important planning considerations. While redevelopment and changes of use are not automatically prohibited, proposals must be assessed against the applicable planning policies and the characteristics of their surroundings. In this case, the impact of the proposed development on the surrounding streetscape formed an important part of the challenge brought before the Tribunal. The residents were represented by Dr Mariah Ann Fenech of Sciberras Advocates.
The EPRT Decision
The Environment and Planning Review Tribunal partially upheld the residents’ appeal. As a result, revised plans were required to address the scale of the proposed rooftop development. According to the decision the required changes include a reduction in both the footprint and height of the rooftop structure. The amendments will also result in the proposed guesthouse being reduced from 12 rooms to 11 rooms.
The outcome therefore did not result in the complete revocation of the development permit. It did, however, require material changes to the approved proposal in response to the issues raised through the appeal.
The Significance of this Decision
The case provides a practical example of the role that Malta’s planning appeal process can play when residents or other interested parties believe that a development permission has not adequately addressed relevant planning considerations. This can be particularly important in Urban Conservation Areas, where new development, alterations and additions may have consequences extending beyond the individual site.
The character of the streetscape, the height and massing of additions, the relationship with neighbouring properties and the visual effect of rooftop structures can all become relevant considerations.
This case also demonstrates an important point: a successful planning appeal does not necessarily mean that an entire permit will be revoked. Depending on the circumstances, the EPRT may determine that specific elements of a proposal should be reconsidered or amended. A partial success can therefore still lead to meaningful changes to a development.
Planning Permit in Malta
Planning decisions in Malta may, subject to the applicable legal requirements, be challenged before the Environment and Planning Review Tribunal. However, planning appeals are subject to procedural requirements and strict time limits. The grounds of appeal must also be properly formulated and supported by the relevant facts, planning policies and legal arguments.
Anyone concerned about a proposed development should therefore consider obtaining advice as early as possible, rather than waiting until works commence. Depending on the circumstances, legal assistance may include reviewing the planning application and permit, examining representations and objections, identifying potential grounds of appeal, preparing submissions and representing the interested party before the EPRT.
If you are affected by a planning application or permit and would like to understand your legal position, Sciberras Advocates can assist with planning objections, appeals before the Environment and Planning Review Tribunal, and related legal proceedings in Malta. Early legal advice can be particularly important because planning appeals are governed by specific procedures and deadlines.
This article is for information purposes only and should not be construed as legal advice.
Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.
Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].
