Issue link: https://maltatoday.uberflip.com/i/1538131
period. It is also noteworthy that the EPRT will also be mandated to deliver its final decision within five months from the date the appeal is filed. This period can be extended once for an addi- tional one month in excep- tional cases. The bill does not even foresee a circumstance where the EPRT itself fails to deliver a decision within its mandatory five-month time- frame, creating another level of uncertainty. Courts will no longer have power to revoke permits Another major change being prospected is that the Court of Appeal cannot revoke a permit but can only annul the tribu- nal's decision and remit the case back to the tribunal for a fresh decision. It is noteworthy that most permits mentioned in this piece were all revoked by the Court of Appeal. This means that in all these cases the pro- ponents have no choice but to apply to demolish or apply to sanction what effectively be- came an illegality in the wake of the court's decision. So, what would have hap- pened if these cases were con- sidered under the proposed planning regime? The proposed law clearly states that if the court annuls the tribunal's decision, it is mandated to send the proceed- ings back to the tribunal for a fresh decision. This fresh deci- sion must be made "in accord- ance with the legal parameters established by the court". This effectively limits the Court of Appeal's role to a body of legal review that can only address errors of law in the tri- bunal's decisions and provide guidance for a fresh ruling. Its power to directly revoke or ap- prove planning permits will be removed. Moreover, the tribunal's "fac- tual" determinations will be final and immune to judicial review. It remains unclear how this rigid separation between legal and factual issues will play out in practice. But by stopping the law courts from reviewing the application of planning policies could be another way of nipping appeals in the bud. 9 maltatoday | SUNDAY • 3 AUGUST 2025 ANALYSIS Left: Capitainerie in Ta' Xbiex: The building alongside the Ta' Xbiex marina built by Transport Malta, which was earlier this year declared illegal by the Appeals Court from left), which was approved in 2023 but had Qala swimming pools: The swimming pools forming part of an apartment block were built but later declared illegal by the Appeals Court goalposts before appeals stage CONTINUES ON NEXT PAGE >> Although developers will not be able to start building until the permit is being appealed, if the court fails to deliver judgment within five months, the permit will no longer be deemed suspended.