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MEPA - Malta Environment & Planning Authority

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Planning

Planning
What is Development Control?
What should I do before submitting an application?
How do I submit an application?
What happens to my application?
What can I do during the processing of the application?
How long will it take?
Who will make the decision?
How are decisions made?
What decision can be made?
What can I do if I do not agree with the decision?
How can I find out that an application has been submitted?
Where can I inspect an application?
To which information can I gain access?
Can I comment on an application?
How can I comment on an application?
What comments can I make?
What is a planning related issue?
What happens once I have passed on my comments?
How are applications decided?
What are the Development Control Commissions?
How often do the DCCs meet?
Are meetings open to the public?
May I speak up during the DCC Board meeting?
What happens after the DCC meeting?
Do these procedures apply to the MEPA Board meeting?
Can I appeal against a decision on an application for development permission?
How do I make a request for reconsideration?
What are the fees for Requests for Reconsiderations and Appeals?
What is Development Control?
Development C ontrol is a process which regulates the development and use of land. It is one of the
major tasks of MEPA. It involves considering applications for development permission, monitoring
development as it takes place, and taking action where illegal development has occurred.
The aim of the whole process is to ensure that the changes which take place in our environment are
acceptable. In practice this often means finding a balance between the need for change and the
desire to conserve or protect the character of towns, villages and the countryside.
What should I do before submitting an application?
The Planning Directorate positively welcomes and encourages discussions between intending
applicants, their architects and planning officers before applications are submitted (pre-application or
pre-submission discussions).
Such discussions can
Improve the quality of applications
Ensure that applications can be dealt with speedily
Inform applicants about relevant policies, requirements and other considerations which will have a
bearing on how the application will be decided
Allow applicants to revise or amend their proposals to conform to planning policies
Inform applicants in those cases where their proposals are unacceptable and unlikely to be
approved.
The Planning Director should be approached formally and an appointment should always be made
with the appropriate officer delegated by the Director of Planning, beforehand .
Advice given at this stage will generally be accurate and objective, and dependent on information
provided by the applicant or architect. However it cannot be taken as binding the Authority or the
Directorate to a particular decision, although an opinion about the merits of a proposal may be given.
How do I submit an application?
In almost all cases, applications should be submitted by an architect. Applications which do not need
to be submitted by an architect include those where there are no building works or structural
alterations. However, it is suggested that in all cases you contact MEPA Front Desk for advice. MEPA
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has placed officers at the disposal of the public to give such advice.
Details on the different application forms and the information which should be provided with an
application are set out in the Planning Directorates Guidance Notes for Architects. If you require
further guidance you should contact the Front Desk.
What happens to my application?
Your application will go through most, if not all, of the following stages:
Initial vetting and checking to ensure that the correct application has been submitted, that the forms
are correctly completed, that the appropriate certification has been completed, that the necessary
plans, drawings and photos have been submitted, and that the Building Levy paid is correct;
Acknowledgment of the application;
Details of the application placed in the public register;
Site notice posted, and application published in a newspaper;
Application will be assigned to an Area Team (depending on its geographical location) and to the
corresponding case officer;
C onsultations with Government departments and other entities are carried out;
The application site may be visited by the case officer dealing with your application;
Your application eveluated in the light of the relevant policies in the Structure Plan, zoning and other
limitations of the Temporary Provisions Schemes, and any other relevant policies or standards (such
as car parking provisions);
The case officer may contact you for further information or for amendments to your proposal where
these are necessary
What can I do during the processing of the application?
On submitting an application it would be wise to start using the My Planning and My Status services.
These services provide information through the internet or through the mobile phone each time there
is a development on your application. You will receive an SMS or an email informing you of the nature
of the development.
You may also contact the Planning Directorate to enquire about the progress of your application.
While we enjoy servicing our clients, it would be wise to limit such calls to what is really necessary
and deal with any other issues through email. Time spent answering calls is time less on an
application. You may also give any supporting information which you feel is necessary or important
to your case. You should, of course, ensure that your architect replies quickly and accurately to any
information requests or other correspondence which may be received on your application.
How long will it take?
The Planning Directorate has eight weeks to finalize a recommendation on an application. The
acknowledgement which you receive will give the date by which a decision by the Deciding Board or
C ommission should be made.
However, the length of time an application will take to decide may also depend on a number of
factors. The main factor in delays in finalizing a report on an application is slow response to requests
for consultation or information. While the client may help by ensuring that all requested information is
given as speedily as possible, the delay may be caused from sources beyond MEPAs control. Major
complex applications or those which need revision or further information may take longer. If this is
likely you will be asked to agree to give further time for considering your application.
Who will make the decision?
This will depend on the nature of your proposal. Major applications of national significance or those
subject to an Environmental Impact Assessment are decided by the MEPA Board.
Minor applications, such as extensions, are delegated to the Directorates officers to decide.
The applications which fall between these two extremes are decided by the Development C ontrol
C ommissions (DC C s).
How are decisions made?
Decisions made by the DC C s or by the MEPA Board are taken in public, which anyone may attend.
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Should a person wish to make a verbal contribution, s/he should signal to the C hairperson such an
intention. It is up to the C hairperson to decided whether to accept the submission or not.
Delegated decisions are taken by the planning officers at the appropriate stage in the processing of
an application and are legally regulated. Such decisions are taken in applications which are
straightforward and for which no objections have been filed. The application will still be vetted and
endorsed by the DC C to ensure that the officer with the power of delegation has followed policy and
procedure.
Both the DC C and MEPA Board are guided by reports prepared by the case officer which set out the
details of the proposed development and the relevant policies and other considerations, and which
make a recommendation on the decision which may be made.
However all decisions are taken on the basis of whether the proposal complies with
Structure Plan policies
Local Plan policies
Other policies and planning guidance such as the Policy & Design Guidance
Particular attention is given to proposals which fall within those areas which are designated by the
Structure Plan as being of special value or interest, including Rural C onservation Areas; Areas of
Archaeological Importance, and Urban C onservation Areas.
Where developments are likely to have significant environmental effects, the preparation of an
Environmental Impact Assessment may be required. MEPA will consider the impact of the proposal on
the environment and will balance the needs of the applicant against the effect of a development on a
national scale.
What decision can be made?
The DC C or MEPA Board may accept the case officers recommendation or they may depart from it
and make a different decision.
A number of decisions can be made
Approval with conditions (these are usually imposed on permissions)
Refusal (the reasons for refusal will be specified in full)
Deferral (to obtain further information or for a specifically cited reason)
Where a final decision is made, the client will receive a notice setting out the decision, including any
conditions.
What can I do if I do not agree with the decision?
Where an application is refused or is approved with conditions which you feel are unacceptable or
unreasonable, you may either
Request the DC C (or MEPA Board ) to reconsider the decision or
Appeal to the Appeals board
It is important to note that there are time frames for such requests to be made and if these are not
respected, then the request will not be valid.

How can I find out that an application has been submitted?

Applications are publicised in a number of ways
Details of all new applications are contained in a register of applications
Notices are posted on site
Weekly lists of all applications appear on Saturdays newspaper (currently The Malta Independent)
A list of all applications will be available at Local C ouncils Offices
Registry of applications:
Information about planning applications is available for the general public at MEPAs reception area
during office hours.
The public may inspect or check about an application either by calling at MEPAs offices or through the
website on http://www.mepa.org.mt/
Site Notices:
Notices are placed on site for all applications. These notices contain all relevant details as specified
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above. A time limit is set and indicated for the submission of comments by third parties.
important that all comments are received prior to this date.

It is

Weekly Newspaper:
Brief details of all applications received during the week are also advertised in the local press.
Where can I inspect an application?
All relevant information stated above is available at the reception area at St. Francis Ravelin.
ease of reference quote the permit application reference number.

For

To which information can I gain access?

One could inquire and gain information about the following:

Name and address of architect responsible of application

Site plan
Drawings
Recommendation
Development Planning Application report (DPAR)
Any other document which is considered to be available to the public; such as EIA and TIS

You can see the application form and plans, and where the application is a major one, at any
supporting statements or additional information submitted by the applicant. However, you will not be
shown any confidential correspondence in the file, including any consultation responses from other
entities, although the case officer may summarise some points to you.
Can I comment on an application?
Anyone can send comments. There is no need to be directly involved with an application to send your
views or comments.
How can I comment on an application?
You can do so in writing by quoting the application reference number and refer to the site location.
Letters shall be addressed to the Director of Planning, Planning Directorate, P.O. Box, Floriana C MR
01.
All correspondence should be sent and received by the Directorate within 2 weeks of the site or
newspaper notice.
Moreover, you can also send your comments through the website, by logging into the corresponding
application number.
You may also wish to discuss any issues with the officer who is processing the application. However,
any comments should be made official and brought forward in writing.
What comments can I make?
You may write in support of a proposal, you may wish to object to it or you may simply want to bring
certain matters to the attention of the Directorate.
If you do wish to express your views these should be

C lear
C oncise
Logically structured
Related to planning issues

A well written argument will be more impressive than a long rambling letter.
officer reading it to understand your points.

It will also help the

What is a planning related issue?

C omments should be as objective and directed to the proposal under consideration. Emotional or
personal arguments are unlikely to be relevant. MEPA and the DC C will base its decision on whether
the proposal complies with:
Structure Plan polices
Local Plan polices
Other policies and planning guidance relevant to the site or use in question
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Particular attention is given to proposals which fall within those areas which are designated by the
Structure Plan as being of special value or interest, including Rural C onservation Areas, Areas of
Ecological or Agricultural value, Areas of Archaeological Importance and Urban C onservation Areas
(village cores). In addition, where development is likely to have any significant environmental
effects, the preparation of an Environmental Impact Assessment is required.
What happens once I have passed on my comments?
Once your letter is received, an acknowledgement will be sent and placed in the corresponding
application file. The points highlighted in your letter will then be assessed by the case officer dealing
with the application, and where appropriate, changes to the proposal may be sought.
Your comments will be referred to in the case officers report (DPAR) to the Development C ontrol
C ommission (DC C ) or MEPA Board. The Board will take your comments into account in reaching its
final decision. The views of the Local C ouncils will be given particular weight.
However, although the Board has a duty to consider all comments, the ultimate decision cannot be
made simply on the basis of peoples opinions alone. Planning Officers and both Boards (DC C and
MEPA) are also guided by the policies in the Structure Plan, and by other relevant policies, regulations
and planning considerations.
You will then be informed in writing about the Boards final decision.
How are applications decided?
The main deciding body of MEPA is the MEPA Board. However, this Board decides on applications
involving EIAs, Scheduling, zoning and height limitations and changes in alignment. The MEPA Board
delegates to the Development C ontrol C ommissions (DC C s) the decisions on other applications. This
delegation of duties is legally regulated and is assigned to 3 DC C s: DC C A, DC C B and DC C C .
These C ommissions refer to the MEPA Board for guidance when necessary and, unlike the MEPA
Board, do not decide on policy.
What are the Development Control Commissions?
The DC C s are legally constituted decision making bodies set up to deal with development planning
and planning control applications. They function as a delegate of the MEPA Board.
As such, they
carry out those functions of the Authority in relation to development control, which the Authority may
from time to time delegate to them and require them to perform, subject to such conditions as the
Authority may deem appropriate.
The C ommissions consists of:
A C hairman appointed by the Prime Minister
Six other members appointed by the Prime Minister

How often do the DCCs meet?

The DC C Boards meets as often as necessary, according to the agenda. Besides meeting to decide on
applications, the DC C s also carry out site inspections where the members feel that they need a
clearer picture of the location of the proposed development. The agendas of the DC C s are placed on
website fifteen days prior to the sitting and the interested parties are notified as soon as an
application is placed on agenda. Meetings are held at MEPAs offices at St. Francis Ravelin. Details
of the agendae and applications are available on the MEPA website in the Planning Applications
section. The decisions on each application are logged in real time on the website.
DCC Board (Division A):
This C ommission is delegated to take decisions on applications falling mainly in white areas, villa
development, major projects and applications falling outside the development zone.
The DCC (Division A) is currently composed as follows:
Mrs Elizabeth Ellul BE&A (Hons.), A&C E (C hairman)
Appointed C ommittee Members are:
Mr Ruben Sciortino BE&A(Hons), A&C E
Mr Daniel C ordina BE&A(Hons), A&C E
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Mr Peter Axisa
Mr C harles Micallef St. John
Mr David Smith
Mr Karmenu Abela

DCC Board (Division B):

This C ommission is delegated to take decisions on applications falling mainly within the development
boundary and in industrial areas.
The DCC (Division B) is currently composed as follows:
Ms Mariella Axisa BE&A(Hons), A&C E (C hairman)
Appointed C ommittee Members are:
Mr Tancred Mifsud
Mr Alex Stellini
Mr Patrick C alleja
Mr Alfred Pace
Mr David Vassallo BSc, A&C E
Mr Joe Spiteri Bailey

DCC Board (Division C):

This C ommission is delegated to take decisions on applications falling mainly within the Urban
C onservation Area and village core.
The DCC (Division C) is currently composed as follows:
Mr C laude Emvin Borg BA&C E (C hairman)
Appointed C ommittee Members are:
Ms Bernardine Scicluna
Mr Joe Attard Tabone
Ms Therese Vella
Mr Victor Joseph Rizzo
Are meetings open to the public?
All DC C decisions are taken in public, who may observe the discussions on applications. By law,
participation is at the discretion of the C hairperson. However, under normal circumstances, the
C hairpersons permit interested parties to speak if they are highlighting aspects relevant to the
application which had not been previously submitted to the case officer in the course of the processing
of the application.
In exceptional circumstances, the C hairman may exclude any member of the public who disrupts the
conduct of the meeting or seeks to exert undue pressure on the members.
Needless to say, these sittings are a formal occasion and appropriate dress and behaviour are
required.
Prior to the sitting, the DC C secretariat prepares for the members the agenda for the sitting and a
copy of the reports of the Planning Directorate on each application to be decided on the day. This is
given to the members as soon as the agenda is finalized so that the members can have ample time to
familiarize themselves woth the case and consult the relevant files as the case may be.
The C hairman calls the number of the application to be discussed and the applicant and architect may
approach the members. The C hairman will brief verbally the members on the most relevant aspects
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of the application.
The C hairman will then invite any interested parties to voice up their concern. Following this, DC C
members will discuss the application within the considered parameters. The Board may ask for
further information or clarification by the case officer.
May I speak up during the DCC Board meeting?
Any interested person wishing to speak about an application should signal the C hairperson and await
direction.
Such submissions are at the discretion of the C hairperson, whether to accept the
submissions or not. The C hairperson may give directions on the nature of the submissions which can
be accepted.
Persons wishing to attend or bring forward any comments during the hearing must inform the
Secretary in writing. The decision rests with the C hairperson.
As a general rule, speakers should not become involved in direct discussions or argument with
members of the DC C . They may, of course, answer a question posed by the DC C members, but the
Boards C hairperson will tend to cut short any speaker who attempts to speak or intervene during the
C ommissions deliberations.
What happens after the DCC meeting?
Following the discussion, the DC C will take a vote and reach a decision. The decision may be to:
Approve the application with recommended conditions
Approve the application with additional conditions
Refuse the application, either for the recommended reasons or other additional reasons for refusal.
Defer a final decision to obtain further information or clarification, or for any other reason, such as a
site inspection.
Overturn the recommendation of the Planning Directorate. In this case a planning reason is to be
given for this decision.
After the sitting, the applicant will receive a letter informing of the decision or of the additional
information required. Where an application is a straight forward approval or refusal according to the
recommendations of the Planning Directorate, then either the permit or a letter of refusal is sent. Any
fines, bank guarantees or any other financial settlements which the applicant is responsible to make,
have to be submitted to the Authority before a permit can be issued. Failure to do this will incur a
delay in the receipt of the permit. Similarly, if additional information is requested by the DC C and this
is not submitted or not submitted in time, further delays will be inevitable. This is because the new
information may need to be passed on to other Authorities for their approval.
Do these procedures apply to the MEPA Board meeting?
MEPA Board adopts the same procedure for the hearings in public.
The number of applications
determined by MEPA Board is smaller but normally they are of greater magnitude and so take up
considerable time. The applications are appointed a time slot and the hearing will not start before that
time slot. The media often attend these sittings and they follow an established practice regarding the
filming of the sittings. The PR office attends the sittings and provides help and information to the
media and the members of the public.
The Board is currently composed as follows:
Mr Austin Walker (C hairman)
Appointed Board Members:
Mr Michael Ellul BE&A (Hons), Dip. Arch. (Rome), F.R.Hist.S. (London), MQR
Mr Joe Tabone Jiacono
Mrs Elena Borg C ostanzi BE&A(Hons)
Mr C harles Bonnici M.Sc
Mr Anthony Zammit B.Sc., M.Sc
Mr. Joseph Vella
Ing. Joe Farrugia B.Sc (Eng.), C .Eng (MIC E)
Mr Roderick Galdes B.Plan, M.A (ISSS), MaC P, M.P
Perit Joseph Falzon B.E.&A.(Hons) M.P.
Ms Sylvana Debono B.Ed (Hons.), M.Sc (Stir) (Board Secretary)
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OBSERVERS:
Perit C laude Emvin Borg A&C E (DC C C hairman)
Perit Mariella Axisa BE&A(Hons) (DC C C hairperson)
Perit Elizabeth Ellul BE& A (Hons) (DC C C hairperson)
Mr C hristopher Borg BE & A (Hons), Pg Dip (Env Mgt), MSc (Env Plan & Mgt), MMC P(Director of
Planning)
Ing Ray Piscopo B.Sc.Eng (Hons), C .Eng., MIEE, Eur. Ing. (Director C orporate Services)
Mr Martin Seychell (Director of Environment Protection)
Can I appeal against a decision on an application for development permission?
Section 37 of the Development Planning Act 1992 gives you the right of Appeal especially if you feel
aggrieved about a decision taken by the Development C ontrol C ommission or MEPA Board.
Applicants may appeal against a decision on their application which they consider unreasonable. This
decision may either be
a refusal; or
an approval with conditions with conditions or modifications
There are two types of appeal
A request for reconsideration (made to the DC C Board)
An appeal (made to the Planning Appeals Board) against the decision
A request for reconsideration shall not be made concurrently with an appeal, but then an appeal
request can be made to the Appeals Board after the receipt of the decision taken in the
reconsideration.
Registered third party objectors (those who submitted a written representation on the application
during the 15 day period after the publication of the application) have the right of an appeal against
the decision of the Authority on an application, but cannot make a request for reconsideration.
How do I make a request for reconsideration or an appeal?
An official request should be submitted by the architect in charge of the application or your
representative, on your behalf, as follows:
Reconsideration MUST 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
Requests for Reconsideration or an Appeal should be submitted by means of a letter stating the
reasons for the request, accompanied by the receipts showing that the Building Levy due in respect of
the application has been paid.
This statement should be detailed, containing ground for the appeal and directed towards the reasons
for refusal or the imposition of condition(s) as appropriate.
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 C ontrol C ommission, The Planning Authority, St. Francis Ravelin,
Floriana, PO Box 200, Valletta C MR 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, Valletta.

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.
What are the fees for Requests for Reconsiderations and Appeals?
The fees are as follows:
for a Reconsideration 3% of the Development Permit Fee paid in respect of the original application
subject to a minimum of EUR69.88
for an Appeal from a Decision - 5% of the Development Permit Fee paid in respect of the original
application subject to a minimum of EUR186.34
for an appeal against enforcement notice EUR58.23 is to be paid.

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