106 tal-1993

I..N. lOCi of 1993

DEVELOPMENT PLANNING ACT, 1992

(ACT NO. I 01' 1992)

IN excrci..c or the powe'~ eonfer,,:d try ""'ctions 41 • 42 ~nd fII of the

Development Planning Act. 1992. the Planning Authority. with the

conctlrrence of the Min ister for the Environment and of the Minister of

Fin"",'". ha' m~1k th,' (,1II" ... ·in, rel'ul~ti"n"-

'TheK regulations may be cited as the Building Levy Rate§

(Amendment) Rej!.ulati"ns. 199~ ~nd , hllll he .c~dand<XlflSlrucdas,,,,e

with the Building Levy Rates Regulations. 1993. hen:inaftern:fu.ed 10

as Mthe principal regulations".

,-

Regulation 2 01 the principal regulations shall be amc:nded as

"'-- 1

follows :-

",

(a) in the ddinit i"n uf ··fr.,>J, pl~",

al'fllicati<on- "r

"amended application -, for the words ··granted. if ~uch application

is the first application made within twelve months trom the date on

which the original permission was granted:~ there shall be

substituted the wo,d -grantcd:~;

(b) immedialely after the defi nition of - pent house" there

shall be inserted the following new definition:-

~ - ,,:I~want o.,p;lrtm"nt- means. f<or the pu rpo;l1I.e' (>( tht'

main sewer conl, ib1.llion, the Drainage Department of the

Works Division. and for the purposes of the street

COntribllli:;ln. the Roads Dep<1rtment of the Works Division;- ;

,"d

kl in rh" <kfiniti"n "I "'rceial huilding- . the,,, ,h all ""

inse n ed. immediately after the words - for the pursuit of i~ object. ~

the words Mincluding sehools, hospices. homes for the elderly.

hospitals and similar building$ or uses,~.

00

M

ghal kull abil azzjoni ......... ..........................

;

(C) minf\Qk il· panila (O I&s·s ... bparagrafu (4) tal·paragrafu I

laghha. ghandu jidhol dan I; ~j

Lm

"(f) Rcklami

-

gl'l31 kull rc klam , kull mClru kwadru

~ . OO

lic,.l'I ... ................................................... ..

-

gl'l al k\lll reklam il1umina1. kull melru

kW:ldru minnu ... ..... ..... .... _____ .......... _

The First S<:hcduk la Ihe principal regulations shall be

amended as fOllows:-

... . h< priocipol

.. """tiono.

(a) for sub· paragraph ( I) of paragraph 1 thereof tnere shall

be substituted the following

Lm

.. ( 1) Outline Applications

in ~Il cases. except special bui ldings. per

-

0 .1 h~ (11Yll m1l "f ~it ~ an,a u. ""n 1hereof ..... •

SO.OO

Subject to a muimum of .. ....... .... .........

2500.00

in lh,' ,'"", " I , ..... ..,i~1 huil<linp ..........

-

00M

(0) in item (a) o f sut,.paragraph (2) ofparagtaph I thereof.

for lhe words ~semi-delachcd villa with ' .... 0 dwelling units.

4OO.00~ Ihere shall be Wbsliluled the wmd$

1.m

'semi-delached villa wi th IWO dwelling unil5.

2OO.0(r;

for each dwelling unit .................................

(c) for item (Q of sub-paragraph (4) of paragraph [thereof.

there shall be substituted the:: fol lowing

Lm

~(f)

Advcrli$cmenl5

fOl'" each advertisement . per square

-

melte Ihe .rof .....

' .00

for each illuminated advertisemelll , per

-

10.00

""Iu~re met re locr;:",r

Subject \0 a minimum fee. for each adver-

tisemen t 31'P1iN fo r . of ... .......................... .

(d) immediate l¥ afte r item (k) of sub-paragraph (4) of

p<o r .. grllpl! I lbere"r. the re sllall ho: ailikd Ih" f"lI"win~ n~w ikm,

Lro

Vending machine.

~( l)

-

for clKh mach ine proposed in tJ'K, a.,.

plication ..... ...... .................... ....... ..... ..... .

(c) immedialely afler $Ub-paragraph (4) of paragraph I

Ihe reof, there shan be added lne following new $Ub-pal1lgraph

M(~) Wh",,, It..: 6 uildin~ Levy is cJku lated by the

applicant or architect and is paid prior to or togett..: r with lhe

submission of an application, the amount of the Development

Permil Fee Pdy~hle shdll he reduced b~ LmS or I % of the

Development Permit Fee due. whichever is the greater. excepl

wheR' the Developme nt Permit Fee payable is less than

LmM. M

(f) immediately after paragraph 1 thereof, there shall be

inso: rted the folltlwinll new parMgr~ph

MIA . Where an application submilled after the hI

January . 1993 i. for ne .... deveh>pmenl on a .ile in r''''r-:''I "f

which there is in force a development permission (other than

an outline de~elopment permission), arK! the proposed

developmenl i. ur the ""me eharao:ler "ut ur a diff""'nl

de5Cliption. arK! IJ'K, developmenl so permil1ed has nOI begun

or nOI been completed , the Development Permit Fee payable

shall be calculated solely on Ihe additional developmen t

proposed in the new application. ~~

(g ) immediately at the: end of paragraph) thereof there shall

be added the following:-

MW"",r,, the dcvel"pment ('Im\iSh wh"lI y "f the

oonstnKIioo of non-domestic garages. the rec ~1Ia1l be

calculated at the rate established for commercial bui ldinp ,~;

~nd

for paragraph 6 th erwf there shall be substituted the

(h )

f"n"wi n~

"6. In delennining the Development Permit F« to be

I'~id

wilh rc~rcct 10 the I'mp,,~d developmen1- for the

purpose of aKenaining the numbe r of floon to be erected Of

erealed . any basement and penlhoosc shan be coun ted as

..... 1'~ lal c n. .. , .... Wll,hn ... m,. lift_h Mfh . Mnd uthe r ~I Tuct ure, un

the roof of a building wilh a Ooor area of SO sq uare metres 0,

less shall nol be counted as a separate Ooor

P,uvilkd that -

(i) an y floon partly or wholly below the: proposed

ground level wilh a floor .rea of not more than SO% of lhe

I" g<:u floor area shall oot be counted as. floor ; and

(ii l w,,",re a huilding ur ~ , it" hM' M fTtlntlll.le IIn

more than onc Sl reel. an y floor. whelher partly or wholl y

be low proposed ground level shall be ca lculated by

refere nce to the lo ... ·est street on which the buHdin& or sile

ha~ a frontage .~.

4. The Scrond Schedule to Ihe principal regula tions shall be

ame nded as follows

(a) in sub-paragraph (2) of paragraph I thereof. there shall

be added the following proviso

" Provided that the street con tribution shall in 00 case be

less Ihan Lm30.~

(b) immediately I t lhe cnd ofparagrap/l2 thereof there shall

be added the followin&:-

~The length of the frontage shall be measured to Ihe

nearest whole melTe . Where the development COfI5ists in an

extension o f an already exi~t ing building, the frontage of the

site for the purposes of such exte nsion means the length of the

longe!it facade of the exte nsion fron ling on lO lhe: ex isting o r

proposed Stree t; and where the extension does not dirc<1 ly

front such a street. the frontage shall be calcu lated by

reference 10 the nearest street. ";

(c) for paragraph 3 thereof there shall be substituted the

following:_

"3. In determining the amount of OOfltribtuion 10 be

paid with respect to the proposed development, for the

purpose of as.ccnai ni ng the number of floon to be erected or

crea ted. any basemen! and penthousc: shall be counted 8$

sc:parale floors. Washrooms, liftshafts. and olher SIr\lCIUT~on

the roof of a building with I floor area of SO loQuare metres or

less shall not be counted as I sep.ml1c flooc

Provided that

(i) any floors partly or wooll y below the propo5Cd

&round level with a floor area of 11{)( more Ihan .50% of the

l.ugozt floo.- area shall 001 be counted as I floor;

(ill wllcrc a building or a si le has a frontage on

more Ihan onc Slree1. any floor whether pilnly or wholly

below proposed groulld level, shall be calculated by

reference 10 the lowest Street on which Ihe building or site

has a fronlage;

(iii) where the development includes the provision

of car parki ng (whelher garages or parking spaces) wholly

or partly below ground level, only one of the basement

f1oondevoted to parking $hall be treated 3$8 noor forlhe

purpose of ucertaining the number of noors.""

(d) immediatcty after paragraph 3 thereof, thcrc shall be

inso.rtcd the following new paragraph

··3A . Where an application submitted after the 1st

January. 1993 is for a ncw dcvclopmcnt on a sitc in rcspect of

whi<:h thcn: is in force. development permission (othcr than

an outlinc development permission) thc infr1lSlructllrC

services contribu tion to be paid forlhe new dcvclopmcnt shall

be decreased by the amou nt of thc contribution prcviously

pa id (if an y).";

(c) for sub--parngnph (a) of paragraph S thereof, there shall

be substituted the following

-(a) the altcration or exte nsion o f a building, provided

the ntension does not cxceed 50m 2 in floor area;-;

(f) immcdiately aftcr liub--paragrapb (h) of paragraph S

thcreof, there shall be added thc following new paragraphs

-(i) the crection of I building of oot more than 50 m 0f

floor arca , provided that such crection sha ll not involve or

create a new \JSC of thc sile on whi<:h thc building is to be

located;

(j)

the crection of a greenhouse

(k) an application by a Government l)epanment or a

bod y corporate established by law. where the applicant gives

an unde rtak ing to the Plann ing Authorit y that the ne<:e$SaI)'

infrastructure se rvices will be provided by. or in conjunction

with and with the approval of the relevant department and al

the experuoe of the applicant. and that the ne~ry

maintenance of those services will al50 be 50 ca rried ou t;

(I) an application for a change of use of any land Or

buildin g.";

(g) for paragraph 7 there shall be subst ituted the

following:_

-7. No mai n sewer contribution shall be payable in

respect of applica tions for -

(i) the erection of buildinp on HOS plots in all

cases where these plots arc advenised for allocation by

the Housing Authority before the 1st January . 199);

(ii) the eTWion of an agricul tural building for the

purposes o f storage. not exceeding 50m 2 in noor area;

and where-

(a) tile applicant gives to tile Aulhority an

undenaking thal the nefe5Sary in frastructure liCrvices will

be provided by hi m. or in conjunction witll and witll the

approval of tile reJ.cvant dcpanment and at tile applicant's

expense and IlIat IlIe necessary mai ntenance of Ih ese

services will also be so carried out . or

(b) IlIe application relates to a sile where the

necessary infrastructure services lIave been provided at

the expense of a private developer and an undcnakin g to

maintain these services has been given .

the Infrastructure Services Contribution shall be reduced by

7~% . M; and

( h) in paragra pll Sthereof, immediately after sub-paragraph

(Hi). there shall be added Ihe following new sub-paragraphs

"(IV) if the applkation isone lowhich sub-paragraph (a)

of paragraph 7 relales. and the applicant subseq uently

provides the appropriate services at lIis or her own expense

and the relevan t Depa rtment has ce rtified Ihat tile works have

been carried ou t 10 its satisfaction, a refund equal to 15% o f

the ISC shall be paid

(v) if the applH:alion ;sone to which sub-paragraph (b)

of paragraph 7 relatC5 . and the relevant Depanment has

oe rtirled that the works have been carri ed out to ils

$3t;§faction, a rcfundequa lto I~ % of the ISCs hall be paid ... ,

5. Notwithstartding the proYisions of paragraph 8 of the Sc<:ond

Schedule CO the principal regu lations. whe re a contribo.llion payable

under the $aid regulations prior to the ooming into force of tllne

regulations is higher than that payable in consequence of these

regulations. the difference bet ween the two contributions shall be

rd urtdable on an application by tnc: applicant to the Planning Authority

for this P\'rpose.

,d.,,,,

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