Cap. 552 Art. 71Application for permission.

(1) Any person, including a department of government or a body corporate established by law, wishing to carry out any development referred to in article 70, shall apply to the Planning

Board for such permission, in such manner, on such form and giving such information as the Planning Board may prescribe.

(2) The Planning Board may grant three types of development permissions: applications. A period of time shall be stated within which the full development permit application or applications shall be submitted, failure of which would render the outline development permit null. Such period shall in no case exceed five years. No development may commence without a full development permit;

(b) a full development permission is required before any development can commence, whether or not preceded by an outline development permission. The full development permission will be given subject to conditions included in the permission;

(c) a non-executable full development permission which approves the development but imposes conditions to be adhered to before a full development permission is issued.

(3) Any person may also apply to the Planning Board for a determination as to whether a proposal requires a development permission and the Planning Board is bound to inform that person whether a development permission or any other form of notification is required in terms of this Act or not.

(4) An applicant for development permission shall declare to the Authority that:

(i) he is the owner of the site or that he has notified the owner of his intention to apply by registered letter of which a copy has been received by the Authority and that the owner has granted his consent to submit an application; or

(ii) he is authorised to carry out such proposed development under any other law or through an agreement with the owner.

(5) Where:

(i) the applicant is the Government of Malta, or any department, agency, authority or other body corporate wholly owned by the Government; or

(ii) the applicant is not the owner of the site, but he holds the site under title of agricultural lease, or holds the premises under a title of lease and he is carrying out the works under a scheme of a Government entity, the applicant must still notify the owner of his intention to apply by registered letter of which a copy has been received by the Authority, but need not certify that the owner has granted his consent to such a proposal.

(6) Any person may declare an interest in a development and, on the basis of issues relevant to environment and planning, make representations on the development. Such declaration of interest be considered by the Planning Board.

(7) During the processing of the application, the Executive Chairperson shall consider representations made by registered interested parties in accordance with the provisions of sub-article (6).

(8) The Planning Board shall inform the registered interested parties where fresh drawings have been filed and the registered interested parties shall be notified of the Planning Board’s sitting when such application shall be discussed: Provided that such submissions may be made in any format deemed appropriate by the Planning Board, and shall include submissions received by post or by hand and electronic submissions: Provided further that if the last day for submissions as set out by the Planning Board is a public holiday or a day when the offices of the Authority are closed to the public, the time limit for such submissions shall be deemed to expire on the next following working day.