S.L. 409.24 Art. 6Decision in respect of an application.

(1) In deciding an application for a Tourism Policy

Compliance Certificate, an operating licence, or a special label, or in expressing its formal position as a competent authority in relation to a specific proposal or matter, the Authority shall have due regard to the following criteria:

(a) the National Tourism Strategy in force at the moment of the decision;

(b) the extent to which the proposed development or operation adds value, enhances the overall quality of the visitor experience, and complies with national objectives relating to climate change and sustainability, including the progressive phasing out of obsolete or undesirable accommodation offerings;

(c) the prevailing levels of bed stock within the relevant locality or region, particularly in the assessment of proposals for new accommodation;

(d) the strategic vision of other competent authorities in promoting managed and targeted growth in areas identified as requiring investment;

(e) the criteria and standards established in the Annexes, insofar as they are applicable to the application in question:

Provided that the Authority may for duly justified and compelling reasons, attribute greater weight to one or more of the listed criteria, or depart from any such criteria, where it considers it reasonable and, or in the public interest and, or in furtherance of the objectives of the Act:

Provided further that any such departure shall be expressly stated, reasoned, and recorded in the decision of the Authority:

Provided further that where the Authority decides to refuse an application or to issue an unfavourable position in relation to any matter referred to in this sub-regulation, it shall state its reasons clearly and in sufficient detail.

(2) Where the subject is not expressly contemplated or designated within any of the Annexes, the Authority may nonetheless consider a favourable outcome, provided that in reaching its decision, a balanced approach is adopted and the outcome of the assessment, insofar as applicable, aligns with the criteria established in sub-regulation (1).

(3) A position taken by the Authority in respect of any matter referred to in sub-regulation (1), after the Authority has received all the requisite information, shall be deemed to constitute a decision for the purposes of these regulations and may be subject to reconsideration or appeal in accordance with the provisions of regulation 8.