375 tal-2005 - Regolamenti tal-2005 li jemendaw ir-Regolamenti dwar Rati ta’ Taxxa dwar Bini

L.N. 375 of 2005

DEVELOPMENT PLANNING ACT

(CAP. 356)

Building Levy Rates (Amendment) Regulations, 2005

BY VIRTUE of the powers conferred by articles 41, 42 and 60 of

the Development Planning Act, the Malta Environment and Planning

Authority, with the concurrence of the Minister for Rural Affairs and

the Environment and the Prime Minister and Minister of Finance, has

made the following regulations>-

The title of these regulations is the Building Levy Rates

(Amendment) Regulations, 2005 and they shall be read and construed

as one with the Building Levy Rates Regulations, 1996, hereinafter

referred to as “the principal regulations”.

The First Schedule to the principal regulations shall be

amended as follows>-

(a) immediately after paragraph (b) of sub-article (3) of

article 1, there shall be added the following>

“except that applications submitted by the 31st

December, 2005 for the relocation of air conditioning units

from the facade of buildings in Valletta, which may also

include alterations or changes in the façade, in accordance

with the guidelines issued by the Authority ……………Nil”<

(b) in the paragraph immediately after subparagraph (b) of

sub-article (3) of article 1, instead of the words “submitted by the

30 th June, 2005” there shall be substituted the words “submitted

by the 30 th November, 2005”<

(c) immediately after paragraph (bb) of sub-article (5) of

article 1, there shall be added the following>

“(cc) applications submitted in accordance with

the provisions of subparagraph (d) of article 6 of this

Schedule ………………………………………Lm50.00

(dd) applications submitted for the amendment of a

condition in a permit issued by the Authority in relation to

the payment due by the applicant in the Commuted Parking

Payment Scheme (CPPS) …………………………Lm50.00

Provided that the fee mentioned in paragraph (dd) above shall be

refunded to the applicant if it is established that the amendment requested

in the application was actually justified.”< and

(d) for paragraph (d) of article 6, there shall be substituted

the following>

“(d) (i) Where an application is submitted for new

development on a site (described as the new application for

the purpose of this subparagraph) and the applicant states in

writing that –

(a) an application for development of the same

type had previously been submitted by the applicant on

another site (described as the original site for the purpose

of this paragraph) in the vicinity of the new site and had

been approved, and

(b) the applicant has no interest in the

development of the original site and will not exercise

the permission,

the permit on the original site shall be cancelled by the

Authority.

(ii) Unless the development permit fee paid on

the original application has been previously refunded, in part

or in full to the applicant or to any third party, such a fee shall

be retained by the Authority in addition to any such other fee

payable by the applicant together with the submission of the

new application.

(iii)

The provisions of this paragraph shall

apply only if>

(a) there is no difference whatsoever in the

designation of the original site and the new application<

(b) the permit on the original site has not been

utilized in any manner whatsoever< and

(c) this application is limited to the change of the

site of the previously approved development permit.

(iv) Any variations from the previously

approved permit (except for the wrong indication of the site)

shall not prejudice the new application.

(v) Where the new application is withdrawn by

the applicant prior to its determination, the development

permit fee shall not be refunded.”.

2. Paragraph 12 of the Second Schedule to the principal

regulations shall be amended as follows>-

(a) the words “and there shall be paid an additional fee of

Lm10 in respect of the administrative expenses incurred by the

Authority in relation to the application” shall be deleted< and

(b) in the proviso thereto, the words “made within six

months of the date on which these regulations come into force”

shall be deleted.

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