7 tal-1993 – Regolamenti tal-1993 dwar Drittijiet għal Appelli tal-Ippjanar

I •• N. 7 of 1993

DEVELOPI\IE.Vf PLANNING ACT. 1992

(ACT NO. I O F 1992)

,.anol" Ap;

b (FftII) ~. 1993

IN vin~ of the powCI$ confe~ by section 60 of the DcvlopmcnI

Planning Act. 1992, the Minister for lIIe Environmen t. on the

recommendation of the Planning Aurbority and wilh !he coocurrence of

the M inister of Finance, has made the following regulations

I. <I) The!iC regulations may be cited lIS me Planning Appeals

(Fees) Regulations. 1993.

(2) l1Iese regulations shall be d«:med to ha,-c come into

foroe on the 1st January. 1993.

unJ~

lhe context oth~ry;i. ~

(1)

In these regulations.

requires-

"the Act" means the development pLanning act. 1992;

"appeal" means an appeal made 10 1110: Planning Appeab

Board establWled by section 14 olthe Act;

"request for reconsideration" means a request ma<k 10 the

Au thority 10 reoonsider its ~on under section 37 of the act.

(2)

In these regulations any expression defined by me Act

Shall have the: same meaning as il has in !he Act.

Where an appeal. or a request for reconsideration is made . in

J.

respe.:1 of a decision of the allthooly [mm which an appeal lies under any

provision of the Act. or in respect of wh ich the Authority may be

requested to reconsider its decision. the application or request shall be

accompanied by ~

(a) the appropriate fee as set out in regulation 5 of th~

regulations. and

(b)

the recei pts showing the payment of any building le"}'

due in respect of the application from the refusal of which the

appeal is made or the reconsideration of wh ich is r<:qul's,,:d. Or

which relates to the development in respect of which the appeal is

made; or

(c) the amount of th e building levy which would haYC b«n

due had the nece5Sa1)l application bcl'n subm ittl'<l in the case of an

appeal agai nst an e nforcement notice !leTVcd undcr !lectinn S2 of the

Act.

An appeal or a TajllCSI for rewnsidc:rnlIDn which is not

3C(:ompanied as provided in regulation 3 of these regulations ~hRll he

null and void.

The fees \0 he paid as provided in regulation J of these

regulations are the fo llowi!IJ;

(I) ill. respect of ~a1s

against . decision oflhe Amhority . 5% of the De"clopmenl

Pennit fee wbject \0 a

or LmSO

minimum

in

re$p«1 of appeals

(b)

again~t an enforcement notice .....

1..m25

(cl in respeel of req uests for

reconsideration ............ .... .

J% of the Development

Pcnn;1

Fee subject

to

minimum of LmlO.

Where an appeal or I request for reoon!oideralioo is upbeld

or a pproved. the appeals BoanI or !he: A urhoril)' may on:Ier that the

fee paid .ccording 10 these n:gulalions. or pan lIIcrrof. 5hall be

refunded 10 the applicant. after luina in consideration the

adm inistrative a)SH involved in the appeals procnlure .