103 tal-1997 (ln_1997_103) | MT

Malta Government Gazette — Legal Notice 1997 103 — 103 tal-1997 – Ordni tal-1993 dwar Żvillup Ġenerali

Preamble — 103 tal-1997 – Ordni tal-1993 dwar Żvillup Ġenerali Open official source

DEVELOPMENT PLANNING ACT, 1992

(Act No.1 or 1992)

Gcneral Development Order, 1997

IN VIRTUE of the powers conferred on it by section 31

of the Development Planning Act, 1992, the Planning

Authority has made the following order

Malta Government Gazette — Legal Notice 1997 103 — 103 tal-1997 – Ordni tal-1993 dwar Żvillup Ġenerali

Reg. 1 Citation and — 103 tal-1997 – Ordni tal-1993 dwar Żvillup Ġenerali Open official source

This Order may be cited as the

(1)

General Development Order, 1997.

(2)

This order shall come into force on the

14th July, 1997.

Malta Government Gazette — Legal Notice 1997 103 — 103 tal-1997 – Ordni tal-1993 dwar Żvillup Ġenerali

Schedule — 103 tal-1997 – Ordni tal-1993 dwar Żvillup Ġenerali Open official source

Classes of pennlued development

CLASS 1

Alterations 10 existi ng dwellings and develo pment

within the curtilage of dwellings

I.

The following development is penniued

development under this Class

the erection of a washroom or washrooms on the roof of

(i)

a dwelling or dwellings unless it or they are scheduled

prope rty. The number of such washrooms is limited to

one for eac h dwelling uni t

Provided that where the site is Scheduled Property or

lies in a designated site or area, the developer bas

notified the Planning Authori ty in ' writing giving the

Authority a site plan and descriplion of the proposed

Develo pment and the Au thority does nOI, within 30 days

of such notice give to the developer a notice in writing

that the development requires the submission of an

appl ication for development in accordance with Part IV

of the Act;

(ii) all internal alterations, other than alterations in scheduled

property, designated sites or areas, that do not increase

the number of dwell ing units, and do not change the

context of the building andlor it's use;

(iii) the installation of water tanks and solar heati ng panels

and associated apparatus on the roof of a dwelh ng or

dwell ings subject to a maxim um height of 1.2 meters

from the roof, provided that such installations are set

back by at least 4 .5 metres from the front facade;

(iv) the provision of not more than one satellite dish antenna

for each dwelling, not exceeding 120cm in diameter '.'"

the roofs o f dwellings nnd o f no t more tha n 220cm LD

diameter at ground n oor level within the rear gardens,

except in Scheduled Property and in ODZs.

Provided thai a satelli te dish antenna shall not exceed a

height of 1.5 metres from the roof of the laSI habitable

noor when placed on the roof or 2.5 metres from the

8n7

ground level when placed at ground level, and shall be

set back at least 3.1 metres from the front facade;

Provided further where the development is in a UCA or

is within 30 metres of scheduled property the developer

has notified the Planning Authority in writing giving the

Authority a site plan and description o f the proposed

development and the Authority does not within 30 days

of such notice give 10 the developer a notice in writing

that the developer requires the submi ssion of a

development application in accordance with Part IV of

the Act;

(v) the provision within the backyard of a dwelling of any

building or other structure required for a purpose

incidental to the enjoyment of the dwelling, or the

maintenance, improvement or other alteration of such a

building

Provided that any development as aforesaid

shall not be permitted if:-

it excceds 9.5m 2 floor area measured externally

a)

or WOUld, together with the existing building or

other structure in the backyard of the dwelling,

exceed 9.5 square meters floor area measured

externally; or

b)

it's height exceeds 2 .5 meters (nine courses)

when measured externally above ex isting

ground level; or

c)

it is proposed that there would be a permanent

access to the roof of such building or structure;

.<

d)

it is located within the minimum permissible

backyard (measured from the rear wall of the

dwelling) as defined in Para 2, below or

e)

it is located within the backyard of a schedule

bui lding or the existing building is Scheduled

ptopeny or lies within an DOZ.

(vi) the erection of lift wells and engine rooms, except in

scheduled propeny and in DDZs, and provided that. in

UCA's, the structures shall be abutting to any existing

structu res; even at roof level and do not exceed in height

that of the highest existing structure or part of the

building

Provided that where the site is scheduled property or

lies within 30 metres of scheduled property the developed has

notified the Planning Authority in writing giving to the

Authority a written description of the proposed development,

together with a plan showing the details thereof, and the

Authority does not within 30 days of the receipt of sucb

notice, give notice in writing to the developer that the

development requires an application for development in

accordance with Part IV of the Act;

(vii) creation of one level of basement to an existing

dwelling and limited to its footprint other than a building in a

UCA's, Scheduled property and ODZs

(i)

which does not involve the creation of a

new access 10 a road or a separate entrance to the

basement;

which is to be used for a purpose

(ii)

ancillary to the use of the dwelling;

(iii) which is constructed below streellevel al

all points on the facade;

(iv) which does not exceed 9 courses In

height measured internally

Provided that where the site lies within a UCA the

developer has notified the Planning Authority in writing

giving to the Authority a written description of the proposed

development, together with a plan showing the details of the

development and the Authority does not, within 30 days of

the receipt of such notice, give notice in writing to the

developer that the development requires Ihe submission of an

application for development in accordance with Part IV of the

Act.

2. For the purpose of the development pennitted

under paragraph I above-

"roof level" means the level of the lowest part of the

roof of the dwelling on which the structure is to be located.

"front facade" means the facade or facades of a

dwelling facing a road or roads;

"purpose incidental to the enjoyment of the d welling"

includes the keeping of poultry, pet animals, birds, or other

livestocks for the domestic needs or personal enjoyment of

the occupants of the dwelling;

"minimum permissible backyard" means that the

backyard is not less than the measurements given hereunder

depending on the number of habitable floors !.hal is to say ·

if there is only a ground floor or a

10 feet

(3.05 meters)

ground and first floor

if there is ground and two floors

(4.43 metres)

13 feet

if there is ground and three floors

(5.45 metres)

16 feel

if there is ground and four floors

(6.475 metres)

19 feel

if there is ground and five fl oors

22 feet

(7.5 metres)

if there is grou nd and six floors

25 feet

(8.52 metres)

if there is ground and seven floors

(9.54 metres)

28 feet

if there is ground and e ighllloors

(10.565

31 feet

metres)

CLASS 2

Minor operations

I.

The foUowing is permitted development under

this class -

(i)

the painting of the exterior of a building or

work, except where-

.,

(a) the painting is for the purDose of

advertisement, announcement or direction;

(b) the painting invol ves the whole or a

substantial part of a building, which is

located in a UCA or ODZ or is Scheduled

property and involves also a change in

colour from the co lour in which the

building is then painted;

(c) the Planning Authority has given notice in

writing to the developer of the building or

work that, having regard to its location or

other material consideration the permission

of the Authority given on an application

made under Part IV of the Act is required

for the painting of its exterior;

Insofar as the building is within such an area as

described in subparagraph (b) and the developer notifies lhe

Authority in writing of the proposed painting operation, and

provide it with a plan showing the location of the building,

the operation shall become permitted development if the

Authority, within 21 days of the receipt of such notice, does

not give notice in writing to the developer that the operation

requires the submission of an application for development in

accordance with Part IV of the Act; or

(ij) alteration or replacement of windows, doors,

balconies, gallerij; and similar parts of a

building, in the same style, design and materials

as existing, unless -

(a) the alteration or replacement materially

affects the e~ternal appearance of any part

of such building abutting or facing a road;

0'

(b)

the building is scheduled property; or

(c)

the building is within a UCA or DDZ.

(iii) changes to size, position, style, form and

materials of doors, windows, and other

elements of the facade, e~ce pt in UCAs,

Scheduled buildings and ODZs, where such

changes do not alter materially the character

andlor con te~ t of the building and its

surroundings;

(iv) the erection in all areas other than in scheduled

property·

(a)

boundary walls other than walls in OOb

subject to the following conditions

the wall does not exceed 1.2m above

ground level;

the wall is constructed in or faced with

rubble (sejjjeh~

(b) boundary walls other than walls abutting

on the street and parapet walls other than

on the facade of a bui lding in UCAs

subject to the follow ing conditions

the walls shall not exceed the minimum

height established by the Civil Code;

the walls are constructed in the same

style and material as the building;

ec)

boundary walls other than walls abuning

on the street and parapet walls in all

other areas subject to the condition that

the walls do not exceed the minimum

height established by the Civil Code.

(v) the reconstruction or erection of front garden

walls, except in UCAs, scheduled property or in

a DZ subject 10 the condition that works are

carried out in the same style and materials as the

rest of the building;

(vi) the replacement of dangerous roofs;

(vi) the maintenance of building or other structures,

except where the maintenance involves the

replacement of building elements in a bui.lding

w ich is scheduled property or is in a UCA or

ODZ, with clements o f different material or

different style.

(viii)the installation of air conditioning units on the

exterior of a building, unless the building·

(a)

is scheduled property; or

is si tuated within a UCA or aDZ

(b)

Provided that if the building is within

such areas and th e deve loper notifies the

Planning Authority in writing of the proposed

installation, and provides it with a plan showing

the location of the building, the installation

shall become perm ittcd development if the

Authority. within 2 1 days of the receipt of such

noticc. docs not give notice in writing to the

developer that it requires the submission of an

application for development in accordance with

Part IV of the Act; or

(c) the air conditioning unit is located on the

facade of a building facing a highway.

(ix) the creation of a swimming pool together with

its ancillary reservoir and pump room. except in

UCAs, Scheduled property and in ODZ;

(x) the creation of an extension or extensions, SCI

back at least 3 melers from Ihe facade as

separate and in addi tion 10 any covered by

washrooms contemplated in Class I to a single

dwelling unil where the accumu lated floor area

of such extensions as measured externally do

not exceed a lotal of 30 square meters except in

scheduled property in ODZ and UCAs

(xi) Ihe creation of an extension or extensions set

back al least 3 metres from the facade as

separate and in addition to any covered by

washrooms contemplated in Class I to a single

dwell ing unit in a UCA where the lotal of such

extensions measured externally do not exceed a

tOlalof 5m2 ,

Prov ided that eX lensions exceedi ng

15m in total shall not be made on the strength

of the provision.

Provided further that the developer has

notified the Planning Authority in writing giving

the Authority a site plan and description of the

proposed development and the authority d,?es

not with 30 days of such notice in writing gIVe

to the developer a notice in writing that the

development requires the submission of:rn

application for development in accordance W ith

Part IV of the Act.

(xii) The erection of an extension or exte ns i~ns to.3

building containi ng more than one dwelhng umt

provided that the extension (or extensions)

(i)

is setback at least 3 metres from the

facade

(ii) does not exceed 20m 2 for eac h

individual unit, which shall relate to each

dwelling and shall not be cumulative

(iii) does not exceed the height of the last

habitable floor of the building

(iv) does not result in the creation of a

separate dwelling unit

(v) the site coverage, habitable floor space

and height limitations applicable to the

site an: lllJl eX\.:l;;l;;uoo.

Provided that ex tensions exceeding

20m 2 in total shall not be made to anyone unit

on the strength of this provision;

(xiii) the creation of an extension or extensions, set

'back at least 3 meters from the fa cade, as

separate and in addition to any covered by

washrooms contcmplated in Class I to multiple

dwellings wherc the accumulated floor area, as

measured externally and separately would not

exceed 20 square meters for each dwelling unit,

except in UCAs, scheduled property and in

ODZs or where there is more than one type of

use within the building.

(xiv) the shoring up of a dangerous building or

structu re, including 0 , 'lers effected by it's state,

until such time as the danger is removed.

2. For the purpose of the development permitted

under this Class·

"ground level" means the highest part of the level of

the land on which the wall is to be constructed.

"same style, design, and materials" means the style

and design, and the type, form and colour of the materials,

used in the fonnation or construction of the works which are

to be replaced and "same style" or "different style" shall be

construed accordingly

"substantial part" in relation to a building means fifty

per cent or more of any facade of a building facing a road.

CLASS 3

The formation, laying oul, alteration or improvement of roads

Subject to paragraph 2 of this C lass, tbe

1. following development is permitted development under this

the formation or laying out of roads as indicated

(i)

in a temporary provisions schemes

(ii) the widening, improvement or maintenance of

an existing road within the highway boundary,

unless such widening would result in the

creation of an extra lane or lanes

(iii) the improvement or alteration of junctions,

unless such improvement or alteration involves

a grade separated junclion or a significant

alteration in the direction of traffic flow

(iv) the embellishment or enhancement of

roundabouts unless il involves the display of a

sign or advertisements

(v) the alteration o r creation o f pavements, subject

to the prior notification procedure for traffic

management schemes

(vi) the installation of traffic lights to control a

pedestrian flow and o nly one traffic flow subject

to the prior notification p rocedure for traffic

manageme nt schemes, except where they are:-

(a)

25 metres of any func tion; or

(b)

within 100 metres of an arterial

distribution road.

2. Notwithstanding anything contained in the

provision of paragraph I of Ih is Class. any d evelopment

described therein shall nOI be permitted development if -

(i)

it involves the fonnation, laying out or widening

of a road, or the improvement of a j unction

within a UCA; or

(ii) it involves Ihe demolition of any building or

rubble wall, that is to say a wall constructed in

random rubble (sejjich); or

(iii) it involves or includes operation or works of the

type set out in anicle 5 of this Order; or

(iv) it leads to an obstruction of the view of, or a

distraction to. persons using roads used by

vehicular traffic, so as to be likely to cause

danger to such persons;

and where development penniued under paragraph I of this

Class involves the demolition of a rubble wall, the

development shall not be pennitted development unless such

wall is replaced by a wall constructed in similar material and

style as soon as practicable.

CLASS 4

Minor Infrastructure Development

The fo llowing deve lop me nt

permitted

IS

development under this Class:-

(i) the e rection or construct ion, and the

maintenance, alteration or other improvement,

of lamp standards, public seats, refu se bins or

baskets, bollards, barriers and similar works or

structures;

(ii) the installation of posting boxes or self service

machines;

Provided that any development described in this

paragraph shall not be pennitted development if -

(a) it involves or includes development of the

type referred to in article 5 of this Order; or

(b) it would create an obstruction to any road,

including a footway; or

(c) it involves or includes any erection or

construction in a UCA or in or adjoining

Scheduled property, unless the developer

has notified the Planning Authority in

writing and given to the Authority a

written description of the proposed

development, together with a plan showing

the location and details of the development

and the Authority docs not, within 30 da ys

of the receipt of such notice, give notice in

writing to the deve loper that the

development requires the submission of an

application for development in accordance

with Part IV of the Act.

CLASS 5

Repairs to Services

The following development is permitted development

under this Class -

The carrying out of any works for the purpose of

inspecting, maintaining, repairing or renewing any

sewer, main, pipe, cable or other apparatus, including

breaking open any land for that purpose, provided that

the land is returned to its original condition as soon as

is practicable.

CLASS 6

Development for the Provision of Water Services

The follow ing is permitted development under this Class -

Development not above ground level required in

(i)

connection with the supply of water or for

conserving, redistributing or augmenting water

resources, unless -

(a) it includes the construction of a reserVOir

0'

(b) it involves works in or unuer streets

outside a temporary provisions scheme or

not fonned at the time this Order comes

into force; or

(c) it involves erection , construction ,

engineering or other operations for, or in

connection with, the installation of a main

distribution network, with a main pipe of

30 cms in diameter or more; or

(d) it involves the supply of water to

agricultural land for the purposes of

irrigation.

(ii) The installation in a water system of a boosler

station, valve house, meter or switch gear house,

unless such development involves any of the

matters contained in sub-paragraphs c) and d) of

the foregoing paragraph of this Class.

CLASS 7

Development for sewerage and sewage disposal

1. Subject to paragraph 2 of this Class, the

following development is pennitted development under this

(1)

Any development not above ground level which

is required in connection with the provision,

improvement, maintenance or repair of a sewer

or associated apparatus, and the maintenance or

repair of an outfall pipe;

(ii) The construction, provision or improvement of

inspection chambers above ground level unless

sllch chamber exceeds -

(a) 1 square metre in floor area; or

(b) 1.5 metres (5 courses) in height.

2. Notwithstanding the provisions of paragraph 1

of this Class, any development therein described shall not be

pennitled development if it involves:-

(a) works in or under streets which are either

outside a temporary provisions scheme or

not formed at the time this Order comes

into force; or

(b) erection, construction, engineering or other

operations for, or in connection with, the

installation of a main sewerage network or

system with a mai n pipe 40 cms in

diameter or more; or

(c) erection, construction, engineeri ng or other

operations for, or in connection with, the

construction of a new sewage treatment

works. or sewage outfall.

CLASS 8

Development for installation of electrical services.

The fo ll owing d eve lopm ent

IS

permitted

development under this Class:-

The laying underground of pipes, cables or any

(i)

other apparatus, including excavations (or such

purpose, unless such works involve-

a)

erection, construction, engineering or other

operations for, or in connection with, the

ins ta ll ation o f a main electricity

distribution network or system with a

power line capacity of 33 KVs or greater;

0'

b)

works in or under streets either outside a

temporary provisions sc heme or not

formed at the time this Order comes in to

force;

(ii) The installation of service lines to individual

customers from an electric line;

(ii i) The installation in an electric line of feeder or

service pillars or transforming or switching

stations or chambers.

CLASS 9

Development related to public transport.

The fo ll owing d eve lopm ent

IS p ermitted

development under this class:-

The installation of telephone cables and

apparatus, stop signs, other signs and posts

required in connection with the operation of

p ubli c serv ice vehicles , un less suc h

development involves the erection or display of

any sign whieh is greater than one square metre

in area or the sign is illuminated.

ii) The erecti on or construction, and the

maintenance, improvement or other alteration of

passenger shelters or barriers for the control of

people waiting to enter public service vehicles

Provided that any development descri bed in thi s

paragraph shall not be permitted development if it involves or

consists in development of the type referred to in article 5 of

CLASS 10

Development related 10 telecommunications.

The installation, alteration or replacement of any

telecommunications apparatus is permitted development

under this Class, unless it involves -

a)

the erection or alteration of buildings; or

b)

the installation, alteration or re placement

of a mast with a height exceeding 10

metres; or

c)

the installation, alteration or replacement

of a microwave antenna, satellite television

apparatus or similar apparatus.

CLASS 11

Development related \0 agriculture.

I . T he following developme nt is permitted

development under this Class:-

The carrying out of engineeri ng operations

reasonably necessary for the purpose of

agricullure. including works for the irrigation of

land, unless the works operations involve

a)

the erection of a building. or are related 10

the erection of a building or to the

intensive raising of animals or crops; or

b)

the construction of a new reservoir wholly

above ground or the installation of a new

system for the distribution of water or the

irrigation of agricultural land. or for bOlh

such construction and installation; unless

the irrigation system is a drip sprinkler

irrigation system; or

c)

the creation of a pond; or

d)

the deposit of waste material on land

whether for Ihe purpose of the creation or

improvement of agricultural land or

otherwise.

The erection of reservoirs partly or wholly

below ground level, unless the reservoir •

exceeds a height of 1,7 metres 6 courses

.)

above ground level; or

exceeds 25 square metres in floor area; or

b)

it is to be located on land which is not

0)

within an existing agricultural holding; or

where wholly underground, it exceeds 100

d)

sq, metre floor area;

iii) The deposit by the Department of Agriculture of

waste material on land for the purpose ~f the

afforestation of the land, but only If the

Department has notified the Planning Authority

of the proposed land reclamation ~d

afforestation, giving the Authority ,a \\:ntl,en

descri ption of the proposal and supplYI~g It with

a plan showing the location and detailS o~ Il ~e

development and the Authority does n~t with in

30 days of the receipt of such notice, give to the

Department a notice in wri ting that the

develop ment requires the submi ssion of an

application for development permission in

accordance with part IV of the Act;

IV) The construction o f pump houses to serve

reservoirs or boreholes, unless the pump house ·

a)

is located more than I metre from the

reservoir or borehole; or

b)

exceeds 2.2 metres (8 courses) in height; or

c)

exceeds 4 square metres in fl oor area.

v)

The levelli ng, widening and mainlenance of

existing fann roads carried out by or on behalf

of the Department of Agriculture.

2. For the purpose of the development permitted

under this Class-

"existing agricultural holding" means land curren tl y

used for cultivation at the time the reservoir i ~ constructed;

"waste material" includes waste, refuse and any soil

imported onto the land.

CLASS 12

Temporary Structures

1. Operations consisting in the placing on land of

a building, moveable structure, wo rks, plant or machinery

required temporarily in connection with and for the duration

of operations being, or 10 be, carried out on, in, under or oVl;;r

that land or on land immediately adjoining tha t land, are

permitted development under this Class, subject to the

exceptions and conditions sel out in paragraph 2 of this class.

2. The operations desc ribed in the foregoing

paragraph o f this Class shall not be permitted development

i f: -

the operations are mini ng operations; or

(i)

(ii) the land is in or on scheduled property; or

(iii) not later than three months from the date o n

which anything placed as indicated in paragraph

I of this Class or the date on which the

operations in connection with which they were

so placed have been carried out, whichever is

the earlier date:-

any building works, plant or mnchinery

a)

placed as aforesaid has not been removed;

and

b)

any land or adjoining land on which

development permitted by this Class has

been carried out has not been restored to

the condition in which it was prior to such

development.

CLASS 13

Temporary Uses.

I . Subject to paragraph 2 of this Class the use of

land for any purpose for not more than fourteen days in any

calendar year is permitted development under this Class.

2. Notwithstanding the provisions of paragraph I

of this Class the use of land is not permitted development it:-

the use of land is for a carav".1 site; or

(i)

(ii) the use of land is for camping; or

(iii) the land is in or on scheduled property; or

(iv) the use of land is for off-road vehicle, motor car

and motorcycle racing or rallying. including

practising for these events and activities;

and, if the use of the land is for the holding for a market or

sale, such use is permitted development only if it is for only 7

days in any calendar year.

3. For the purpose of this Class "calendar year"

means a period of twelve months beginning with the day on

which the use is first begun.

CLASS 14

Development in relation with Aviation.

I. Subject to paragraph 2 of this Class, the

following is permitted development under this Class:-

the carrying out on operational land by an

(i)

airport operator, or its agent, of development

(including the erection or alterat ion of an

operational building) in connection with the

provision of services and fac ilities at an airport,

unless such development consists in:-

a)

the construction or extension of a runway;

0'

b)

the construction of a passenger terminal; or

c)

the alteration or extension of a passenger

terminal where the floor space of the

building as existing would be exceeded by

more than 10 per cent; or

d)

a building which is not an operational

building.

(ii) The carrying out on operational land, within the

perimeter of an airport by an airport operator. or

its agent, of development in connection with any

one or more of the following:-

a)

the provision of air traffic control services;

b)

the navigation of aircraft using the airport;

c)

the monitoring of the movement of aircraft

using the airport.

(iii) The carrying on operational land, outside but

within I kilometre of the perimeter of an airport,

by an airport operator, or its agent, of

development in connection any of the matters

set out in sub-paragraph (ii) above, unless such

development consists in or includes:-

a)

the erection of any building for a use or

purpose other than the housing of

equipment used in connection with any of

the mattcn; set out as aforesaid ;

any building exceeding 4 metres in height;

b)

c)

the installation or erection of any radar or

radio mast, antenna or other apparatus

exceeding 15 metres in height. or the

replacement of any such mast, antenna or

apparatus, if the replacement exceeds that

height.

(iv) The use of buildings within the perimeter of an

airport for purposes connected with air transport

services or other flying activities at that airport.

2. Any development described in paragraph 1 of

this Class, other than that described in sub-paragraph (ii) of

paragraph 1, shall not be permitted development unless the

airport operator has provided the Planning Authority with full

details of the proposed development al least 28 days before

any development is commenced unless such development:-

(a) is in the opinion of the Director of Civil

Aviation urgently required for the efficient

running of the airport; and

(b) consists of the carrying out of works or the

erection or construction of a structure or of

an ancillary building. or the placing on

land of equipment, and the works,

structure, building or equipment do not

ex.ceed 4 metres in height or 100 square

metres in floor area,

Any development which requires the airport

3,

operator to provide details of the proposed development to the

Planning Authority shall not be permitted development if ,the

Authority within 30 days of the receipt of such information

gives notice in writing to the airport operator that the

development req ui res the submission of an application for

development permission in accordance with Pan IV of the

Act.

4,

For the purposes of this Class -

"operational land" or "operational building" ~eans

land or a building used or required in conneclion wIth ,the

movement or maintenance of aircraft, or with the embarking

8 745

disembarking, loading, discharge or transport of passengers,

goods or livestock at an airport. and is land or a building

owned by or under the conlrol of the relevant airport operator.

CLASS 15

Lighting of buildings and works.

The extl!wallighting of buildings and structures

carried out by a Government department or agency is

pennitted development. unless:-

(a) it involves the lighting of any sign or

advertisement; or

(b) the primary purpose of the lighting is that

of adverti sement , annou ncement ur

direction; or

(c) it involves the lighting of an area larger

than a building or structure; or

(d) it involves the external li ghting of

buildings or structures in a UCA or in or

adjoining a scheduled property

Provided that, if where the development is

not pennitted only because it fall s under this

sub-paragraph (d), if the developer has notified

the Planning Authority in writing of the

proposed development, giving the description

thereof together with II pla n ~ h owi n g the

location and details of the development, such

development shall become permitted

development if the Authority has not within 30

days of the receipt of such notice, given to the

developer a notice in writi ng that the

development requires the submission of an

application for development permission in

accordance with Part IV of the Act.

CLASS 16

Mineral Exploration.

I. Development on any land for a period not

exceeding 30 days and consisting of

(i)

the drilling of boreholes; or

(ii) the carrying out of seismic surveys, for the

purpose of mineral exploration is pennilted

development under this class, unless:-

(a) it is an operation to be carried oul within

50 metres of any part of a residcnlial

building or other oon-commercial building;

0'

(b) it is an operation to be carried out within

50 metres of an Urban Conservation Area

or a scheduled propeny.

Applicou:ion fOrDevelopment Permits..

The Authority shall prepare a comprehensive Manual in loose teaf form

containing all approved legislation, regulations, policies and conditions with

their relative effective d3tes which should DOt be retrOactive (i.e. not to affe<:t

applic:u:ions alre:uI.y aceepted). The Manual shall be adequately indexed,

continually updated as nec=ary. and available to:·

(a)

Authority official.s;

(b) the Appeals Boud;

(c)

Periti; and

interested Org:miMtions I Persons_

(d)

STAGE 1

PlU! - Al"l"UCA nON

The Authority shall provide facilities for an :uiequ.ate mechanism. for

2.1

Pre-application meetings between prospcetive applicallnts and its officials.

(who shall be well briefed; uniform and consistent in their advice; and

accOUDuble for the direction given by them) so as to enable applicants to

have:·

(a)

a clear intc;-pre:arion of prevailing policies and guidelines; as well

".

(b)

alignment and other d.lu as may be necessary.

Advice shall be minuted, filed, communic:l.ted to applicant (who shall be

required to confirm the lCcuracy of the minutes) o'od bi nding on the officials

conc=ed without prejudice 10 the prerogatives of the Planning Authority.

2.2

Appliclrions shalt be vetted It the point of submission by Authority

Officials 19ains. 1I1 oificial c!leek list (Annex A); and these applications shall

be lCCe;lted only if they conform to official requircme:J.lS including the

payme:lt of fees due to the Authority.

Fees arc to be c:llculated as follows:-

In =e oftump Sum payments by applicant;

(l)

In c= they require C:llcul.ations, by the Authority.

(b)

Applicants shall be .served with a dated official receipt certifying that

2.4

they had complied with all application requirements. and their application

shall be valid.lted as from that d.lle_

PROCESSING OF An>uCAnoNs

Applications shall be classified. ~rding to type of development and

IJrocessed by different sections eacb. speci:llising in eacb. category.

The Authority sb.aIl review me V;u10US policies involved.

me

1Il

application simulbneously r:uher than successively.

At the Processing stage the Authority sb.:ill IJrovide applic;lD.ts with

facilities to hold consultations with its officials. These officials sb.a1l be

consistent in the inte i ptewnon of policies I guidelines, and shall ensure, that

without prejudice to the p-rerogarivcs of the Planning Authority, their direction

would reflect the Authority's official view. At tbis stage applicants shall be

entitled to accept the official's recommendations :1Ild amend plan.s

accordingly, without the Deed to sulnnit a frcsb. application.

Whilst officials sb.all Dot be subjected to any pressures, their reports

shall be copied to applicant. The ret'Ort shall cle:u:ly state whether the

application:~

was being ~ommended for approval, in which C:LSe applicant

(a)

would be guided accordingly and may if he so wishes dispense

with the need to appe:u: before the Authority: or

(b)

was being Iet:omme:lded either for approval with conditions. or for

refu..sal: togcthe: with reasoQS thc=f. supponed where applic:lble

with reiere::lce to the prt"/:llling policy, regulation or guideline. In

this case :lppliC:lDt s1u1l within 30 day:; (o r any otller longer pdod

agrecd in writing be~ee!l applicant md the Autb.ority) from

reccipt of :<lIcil nonce

(i)

inform th e Authority in writing

th:u he w:lS accepting: the

cb.:1Ilges illaic:l(ed: or

(ii) submit his C:l.Se in writing (Wille'::!. would c<: at"'~c~ed in full to

the r:::pon submittd. by:be CJ.Se Ot"5cer) ior reiCl'enc~ to tbe

Authority/DCC.

Onc~ the repon is finalised and signed by me official (Case Officer)

the latter shall be b=d from re • opening tbe C:LSe or handling it any funher.

D ECUION TADNO

Recommendatioll.5 pteseuted by officials (Case Officers) to the

Planning Authority BoardlDCC, could be accepted, modified or rejected. In

C<l.Se of modifiction or rejection the planning Authority BoardlDCC siWl

include the re:I.SOll.5 therefor in its decision.

When the Authority Bo:w:lfDCC

reject:S an applic:l.tion tint was recommended for approv;1i; or

(a)

(b) qualified a recommended refusal; or

con:firrn.s a refu.sal1l.S recommended by the Case Of6cen,

(c)

it shall :send a copy of its decision to the applicant concerned (i.l1e~ch.ctive of

whether he attended the sitting or not) to enable him within 30 ys from

receipt of such notice:-

to notify the Authority in writing that he was acc::pting the

(a)

modifications and thus submit the amended plans within the 30

day period (unless a longer period is agreed in writing between

applicant :lDd the Authority fur the submission of the amended

plans);

(b) to ask the Authority for a reeonsiderarion of the use provided he

could base his request on new points or fresh evidence; such

prese:lution by appli=t = be in writing and/or verbal; or

to appe:U to the Board or to the Coun as the case ~y be.

(c)

Planning Authority Board lnd the Deveiopme:l.t Control Commission

have to hold their met:tings (though not their delioe:-:lrions) :lDd to give their

decisions in public.

THIRD PARTY RIGHTS

Doc'.lme:ns JJld plans considered by the Planning Authority sball be

maoe available for inspecnon by third. parties provided sucb. requests wc-::e

made by Perin who satisfy the Authority of their bOllll fide interestS.

Third panies, provided they identified themselves. sball have the right

to present written objections. Such objections shall be fully recorded in case

files, and Case Of6c..-n an: expected to consider them and evaluate them; and

to give their reactions thereon included in their !Cpons. Object(1I> could also

be allowed to attend meetings but not to make verbal!Cpcesenwion.s.

.,50

APPUCATIONS REQUIREMEHTS CHECKLIST

m.r. and underUneln red whe •• it I, not.

Na~: Tkk bo:r; wile .. r-.quln!mentla

APPUCATlON FORMSlCamFICATESJDECLAAATION

CorTiet ~ic.allon lotm used forth, type IX owllooment proposed and IY~ quntion on all ~s d the form

"O/TK:!v and fully ~Ie!.d and Icmns signed and <SaIed

II Cop;.l ofform ('~I wher. proposalis lOf imamal m.UoM on¥. 5 COl)*' lot tlounho~ ~plications - 4

copi . . and fo r ..nIWaia - 2 ~.IS)

Plana daad and aio;;ned by ~it.,;l

P'Q9C .. d <!wIICl!)mIInl ~SCI'iled in luI:and ~Iy. and COI1'~ willi wl'lal la shown on 1111 plans

Where ac:prepril.l., ardIitec:t'. decIamion ..;.;ned and <ialad

Cotr~ Crilcala $IQn..:l ilOd ~1ec1 and wne .. C4ttiflCati B or C c~loItad. c~ of ~I.red luwjl) al -

tae, ... d and .. rvl<! on a8 oilier ownllS

For a6e<tiufTWIU ~1£a1ia",,_ 'lUIIsUon on own.rship or '-od or building and dec'..anllon of own.,-'. <ot=nt

co~leted c:!I~

BUILOING L..~y

BulldnC;; Levy Pay",...n\ F.mn (ree.ipl...:l by bank). and Building Lwy Calcutadon SII .. 1

PLANS I CRAWINGS

No !arlle.than I ail. ,h.,ts and lo~d in •• ts 10 A4 size

e"Pi" 01 all plansld.,wjn;s (U C8jl1 wh .... propos.J .,. for intimal .~".t!on. only. !5 "c>pies, fer hou .. hold~r

appication _ 4 copi .. and Ie . "nl wll. - 2 copies of d, p~ only)

All S/;,J.)es (m."ric) inciealld

Alterations and " ' tensionl 10 buildings &hould bl marMd ciillirdivlly by mIIanl 01 colol,l. or by h"'chirlg w that

~ew wo.k can bl lasily dislin\jlli&h,d (demolition yellow. new worlc "d)

SITE PLANS

Sitl plans 1.1 112~OO SC3I1 (nl,lntler as nOled ab""I). wIlic!1 m.lSI t:1 A4 . X".tact 110m 1111 Sill sl,I~y {1 iSS date

mal'S. ;"6;3111"1" s~. bo l,lndaty o..:linld in rid iiIIcl survey sheel no.

=dNtes 01 rt .. SIte ler atnlIlt 01 site

ncr.ll pcir.t

o.s;u.celrt:m neamt ccmer Of IJ:is:irq ~

ott.er Iar.d e-.. ned ty appbnl in Ct.:e

,:iar.r.i'iQ sd'Ieme ill cdcur on one QPY (i atPia""'1

~i:ien i:tm wriCI ~l1.pha ~ en QI'W CQ!IY

BLOCK K PLANS

(Some Ct ad :;/ the 10Uow.n .. inio.mation may he IICl,lired c!epln';;n .. en lnl c~"..pIIX"y 01:1\, pro~saI al>d ils

l<;c;;1ucn e.'.:! 1 ;200 plans may be morl ~~.cprial' eepencing on the seal. 01 thl ~"'oosal)

S~e Sl.l:"ey al :/~CO se:r;1, .ht;....;n .. n iSlin .. s~. Iu-Iurn and <;;ntcurs

=lock ~ Ian ill ~/500 ..,,,1. IhoWl"," councoln .. of 1~1 in relation 10 oleic,n,n ... oaes. ~u,tCin .. s. ;:Iois I~. (fo. villa<,

s.'ow ~cs;!icn 01 ItGl e~ nilag"l.nd ".ooosais in ,.latiCl1 te b"",ncar.n

;:!c:<;k ~Ian ~l 115.::10 '0,,1. Ihcw..,g p.ocosal Ie. iC~ en 10 ki .. hway. si .. ht:1nu o. ,,js:tiiirf . pllyl. car parking

;,ev,slC~. !~te'~a.I I;!e .cae:! IIy<lUI •• IC (can :, on :hl sarr.1 plan as accve)

= :cc~ : ,an at 11 5CO , eal, . ncwino;i p,ccosai. fo. lanclsc"p,n .. .,te. inc:u~i~ .. exis1ir.,. ~ I a~ti~ .. (to ~ "'tainM or

,e",cv ~c) . ~.w ~ I anllnc;. laM mcunc:in~. Itlalmtnl al flaol'Scace ~lc

EL ='/AT1CNS

E,evaticns -«ale 1150 for buildin .. ~ < ~ floc". keighl in courses shown

~9vationl . scala \/100 far buildin ... 3 o. mere floors. hei<jll in ~O\l'us shown

E;&vaticns SMu id show axistin .. lituatlon and prelloud eIIan ... s. and sIlow Ihe relationship of the buildingls;t~

10 adjoining bl,l~dl n!fS

SECTIONS

V,nlCaI HI;tion through I~de at 1150 sula

Sao;:ions lllto<J;h !h. sit. (lor new b\lilc!n\js) showin .. u :istin .. and 1I.0p<>sld I~' lavela and f\oCatrln:lJlioll

1 .... 1Is In relalien \0 adjoining buikin9s. toaa and MMc:U

Lcnc;jnl6nal and ctOS.I sections II 11100 seala uvo .... " buildil1gs (for naw worita and a1t ... adons) s"""~n~ con ·

IlrUC:ion.aI. 1lIUC!~ and ~ dlulils· ineludin .. how .mwallf and SlWag. dispcsaldlO b. df~tM aoo

ttle ~ition, siu, lie.. 01 und • • ..,-ound Wiler c:i.tIm and ls ""lrlIow

[c1,-----,Elavllions and cross slClionl 10 show aI1e,.,amaI malarials and cclo\l' - 10. walls. OOOIS. window", bakoni.,,;

B 75 1

~.

OTriER PLANS AND INFORMATION

FIao, plana u 11100 IIDI' new W<)<\Q. Uefuions and <:han<;;es d..-) showing lXiadng Layoutllls. and pt'OpO$ed

layoulfI,u d rooma InCI Mrv>c:.1

e.v.tiona/ue:iQf\a 01 any l:Iound.i.ry walls

At Insl 3 p&r.l .... aphs d good qua&!y tabn from Cilferlnt points showing III. uistirIg Str"ltc~e &lid the ue

(IoQIion.a wher. p!>O(Ol tabn 10 b. shown on u . plan)

p.maul (PAPS) appflC3!ion or pemissicn nun-eer. wiI .... app~ 10 II. quoted

Wh.r. pltlpolll inaIc. new wert or def3lions 10 lK"'d&'l wilhin vila;. eorAS. pMlOa of u.ang buildln; iNld

01 acjae'r:II buildln;S: and proposed elevllion 10 show ~em buic!ir..;s scale 01 1/100. WIdIIN proposed

.lev~ u ~ ot 1/50. e:.,.wh ... elevaticn and .,noto 01 exis:ing l;acan. required

For viltu, ~I ..... and s.it. c:"".'a.;e 10 b. indicatt<1

103 tal-1997

Table of Provisions (9)

Statutory Text (9 Articles)

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