Right of Appeal
You have a right to Appeal under Section 37 of the Development Planning Act 1992 if you feel aggrieved about a decision taken by the Development Control Commission. You may either:
Request the Planning Authority to reconsider the decision; or
Appeal to the Appeals Board against the decision.
Time Limits
Requests for reconsideration SHALL be made within 30 days of the receipt of the decision by the applicant;
Appeals to the Appeals Board MUST be made within 30 days of the receipt of the decision by the applicant;
Appeals to the Appeals Board MUST be made within 15 days of the receipt of the enforcement notice by the applicant;
Where a request for a reconsideration of a decision by the Planning Authority has been made within the time limit set above, the 30 day period for making an appeal starts when the Authority's reply on the reconsideration is received, and if no reply is received within 30 days, the period for making an appeal commences on the date on which the Authority should have determined the reconsideration, ie 30 days from the date on which the request for reconsideration was received by the Authority.
Fees for Requests for Reconsiderations and Appeals
In either case there is a fee to be paid, which should accompany the request for Reconsideration or the Appeal. The fees are :
for a Reconsideration 3% of the Development Permit Fee paid in respect of the original application subject to a minimum of Lm 30.00.
for an Appeal from a Decision - 5% of the Development Permit Fee paid in respect of the original application subject to a minimum of
€ 186.35 (Lm 80).
for an appeal against enforcement notice € 58.23 (Lm 25) is to be paid.
Form of Requests for Reconsiderations and Appeals
Requests for Reconsideration and Appeals should be submitted on the appropriate form, and accompanied by the fee. In addition a statement setting out the reasosn for the request for reconsideration should be submitted. This statement should be detailed and directed towards the reasons or for the imposition of condition(s) as appropriate. It MUST contain the reasons for requesting reconsideration. The appeal must be accompanied by an application containing grounds for the appeal and the request of the appellant.
The request for reconsideration should be either submitted by hand directly to the Planning Shop, Block 1, St. Francis Ravelin, Floriana or sent by post to the Secretary, Development Control Commission, The Planning Authority, St. Francis Ravelin, Floriana, PO Box 200, Valletta CMR 02. The Appeal should be either submitted by hand directly to the Planning Appeals Board Secretary, St. Francis Ditch, Floriana, or sent by post to Planning Authority Appeals Board, PO Box 172, Marsa.
Requests for Reconsideration and Appeals must also be accompanied by the receipts showing that the Building Levy due in respect of the application has been paid.