152 tal-2004 - Ordni tal-2004 li jemenda l-Ordni dwar in-Notifikazzjoni dwar Żvilupp

L.N. 152 of 2004

DEVELOPMENT PLANNING ACT

(CAP. 356)

Development Notification (Amendment) Order, 2004

BY VIRTUE of the powers conferred on it by article 31 of the

Development Planning Act, the Malta Environment and Planning

Authority, in consultation with the Kamra tal-Periti, has made the

following order>

The title of this Order is the Development Notification Citation.

(Amendment) Order, 2004 and shall be read and construed as one with

the Development Notification Order, 2001, hereinafter referred to as L.N. 126 of 2001.

“the principal order”.

(1) In Class 4 of the Schedule to the principal order, there Amends Class 4 of

the Schedule to the

shall be added the following>

principal order.

“1. The following development is permitted development

under this Class without the requirement for notification as

specified in Article 6(1) of this order>

The erection, placing, maintenance, alteration or other

improvement of waste receptacles, including waste separation bins

or similar containers, subject to the following conditions>

(a) In the case of waste separation bins, each receptacle

shall not exceed 1.5 metres in length, 1.5 metres in width and

2.0 metres in height<

(b) All waste separation bins are to be clearly colour-

coded and clearly labelled according to the respective category

and type of waste. Such colour coding and labelling is also

subject to any additional standards and specifications that may

be required by the Malta Standards Authority or by any other

competent authority<

(c) All receptacles, other than those intended for bulky

refuse or for inert waste, shall be equipped with an appropriate

lid or other seal to ensure that the facility is odour-proof and

pest-proof and does not give rise to any hazard or nuisance to

users and, or nearby properties<

(d) Wherever a pavement or similar pedestrian

walkway exists, all openings of the receptacles shall face the

pavement or walkway only<

(e) Where the receptacles cannot be placed directly on

a road or pavement and, or where a suitable surface does not

already exist, they may be placed on a flat platform with a

height of not more than 0.15 metres above road level and no

larger than the footprint required for the receptacles. The

platform shall be adequately drained, finished in suitable

materials, and maintained so as to> minimise visual impact,

facilitate cleaning, and prevent accidental or runoff-induced

pollution of the surrounding land<

(f) The location of the facility shall not require the

removal of, or damage to, existing trees, random rubble walls

([itan tas-sejjiegh) and similar structures, natural rocky

surfaces, archaeological sites, or any structures or features

beyond the land area occupied by an existing road carriageway

or pavement or similar paved area<

(g) At least one reserved bay for loading and unloading

shall be provided on site, to accommodate one collection

vehicle and, or one vehicle using the facility, without reducing

the vehicular capacity and the net width of the carriageway

to less than 4.8 metres<

(h) The receptacles shall allow at least 1 metre of

unobstructed pavement width<

(i) Prior clearance shall be required from the Malta

Transport Authority for all interventions that obstruct or affect

a road, pavement or pedestrian crossing<

(j) Access for all is to be provided, to the satisfaction

of the Kummisjoni Nazzjonali Persuni b’Dizabilità, for all

public facilities<

(k) Any signs related to the facility shall conform to

the specifications contained in the Advertisements

(Regulation) Order, 1993, shall not be illuminated, and shall

not exceed 2 metres in height and 1.5 metres in width<

(l) The site and its environs shall at all times be

maintained in a clean condition, to the satisfaction of the

respective Local Council< and

(m) All waste shall be collected from the bins regularly

to the satisfaction of the respective Local Council, so as to

prevent overfilling, and shall only be disposed of in a recycling

plant, waste handling facility or landfill that is approved by

the Malta Environment and Planning Authority for the purpose

and that is covered by all the required permits and operating

licences.

Provided that any development described in this article

1 of this Class shall not be permitted development in the

following locations>

(i) On or within 30m of a scheduled property or

within a designated site or area, except where the

scheduled property or designated area incorporates a

whole town or village or a substantial part thereof<

(ii) Within UCAs, unless the facility is adequately

and sensitively screened so as to mitigate its visual impact

to the Authority’s satisfaction<

(iii) ODZ, unless the site abuts a road which forms

the edge of a Temporary Provisions Scheme or the site

is located within the legal footprint of an existing official

car park. Provided that the facility shall>

- be directly accessible without difficulty from such

road or car park, without any need for a new or modified

access or any other site engineering operations<

- be entirely confined to the land area occupied by an

existing vehicular carriageway or pavement or similar paved

area<

- be located in such a manner as not to entail or require

any overspills or trampling beyond such land area, or any

damage to trees or natural habitats<

- not be located where visual or other environmental

impact, or accidental or runoff-induced pollution of the

surrounding land, can foreseeably result<

- not be located at a site which may suffer economic

damage in the event that any bin may catch fire<

- be adequately and sensitively screened so as to

mitigate its visual impact to the Authority’s satisfaction< and

-

not be illuminated.

(iv) Along an arterial or distributor road, or within

30 metres of a junction abutting an arterial or distributor

road, or within 30 metres of a roundabout abutting an

arterial or distributor road, unless the facility is only

accessible through a service road, safely and to the

satisfaction of the Malta Transport Authority< and

(v) Within 5 metres of a dwelling>

Provided further that in the case of paragraphs (i),

(ii) and (iii) above, as well as within a distance of 30

metres from the shoreline, the development shall only

be permitted if the developer has complied with the

procedure of notification specified in Article 6(1) of this

order and the Authority does not, within 30 days of such

notification, give to the developer a notice in writing

that the development requires a development permission

in accordance with Part IV of the Act.”.

(2) Article 1 of Class 4 in the Schedule to the principal order

shall be re-numbered as Article 2.

(3) Subparagraph (i) of Article 2 as renumbered of Class 4

of the principal order shall be substituted by the following>

“(i) the erection or construction, and the maintenance,

alteration or other improvement, of lamp standards, public seats,

small-scale litter bins or similar baskets serving public recreational

areas or walkways, bollards, barriers and similar works or

structures<”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press