115 tal-2007 - Ordni tal-2007 dwar in-Notifikazzjoni dwar Żvilupp

L.N. 115 of 2007

DEVELOPMENT PLANNING ACT

(CAP. 356)

Development Notification Order, 2007

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

Development Planning Act, the Malta Environment and Planning

Authority has made the following Order>

This Order may be cited as the Development Notification

Order, 2007.

(1) In this Order, unless the context otherwise requires>

CLASSES OF PERMITTED DEVELOPMENT

INDEX TO SCHEDULE I

Class 1

Alterations to existing buildings and development within the

curtilage of buildings

Internal alterations

Alteration or replacement of apertures

Water tanks and associated apparatus

Solar panels and photovoltaic panels

Chimneys and flues

Water cisterns or reservoirs

Extensions to single-dwelling building

Extensions to buildings with more than one dwelling unit

Extensions to non-residential buildings

Roof structures

Parapet walls

Changes to doorways, window apertures, and other similar openings

Replacement of timber balconies

Basements

Backyard development

Swimming pools

General provisions

Class 2 Minor operations

Front garden walls and similar walls around gardens and recreational

areas

Boundary walls around undeveloped land abutting a street

1(iii) Erection or alteration of random dry-stone rubble walls on existing

agricultural land

1(iv) Repair of existing boundary walls

Maintenance or repair of buildings or other structures

1(vi) Replacement or installation of plant and machinery

1(vii) Surveillance and security equipment, and similar small equipment

1(viii) Painting of the exterior of a building or structure

Sanctioning of mirror-image development

Air conditioning units

Replacement or reconstruction of roofs

General provisions

Formation, laying out, alteration or improvement of roads by

Government agencies, Local Councils and other entities appointed

thereby

Roads and pavements within a planning scheme

Widening, improvement or maintenance of existing roads

Improvement or alteration of junctions

Traffic lights

Embellishment or enhancement of roundabouts, traffic islands and centre

strips

General provisions

Minor infrastructural development

Waste receptacles

Lamp standards, public seats, litter bins, bollards, barriers and similar

structures

1(1)(iii) Posting boxes, automated teller machines and vending machines

1(1)(iv) Telephone boxes or booths

Waste receptacles ODZ

General provisions

Ticketing booths

Waste separation litter receptacles

General provisions

Development related to public utility services

Repairs to services

Development below ground level for water supply, sewerage, and laying

of pipes and cables

Installation of service lines to individual customers

Installation of booster stations, valve houses, meter houses and

switchgear houses

Sewage inspection chambers above ground level

Storm water culverts

Infrastructural service ducts

Feeder or service pillars

General provisions

Development related to public transport

Signs for operation of route buses

Passenger shelters and barriers

General provisions

Class 7 Development related to telecommunications

1(i) Installation, alteration or replacement of telecommunications apparatus

1(ii) Satellite antennas

General provisions

Development related to agriculture

Engineering operations on existing cultivated agricultural land

Maintenance of existing farm roads by the Department of Agriculture

Deposition of material or soil by the Department of Agriculture

Deposition of material or soil on existing agricultural land

Pump chambers

Irrigation reservoirs

General provisions

Temporary placing of machinery and structures for development

operations

The placing of moveable structures, works, plants or machinery

Class 10

Temporary use of land

Reversible use of land, as well as any temporary structure required for

General provisions

Class 11

Development related to aviation

Development on operational land within airport perimeter

Development for> air traffic control services, navigation and monitoring

Use of buildings within airport perimeter

Construction, alteration or extension of an operational building

General provisions

Class 12 Lighting of buildings, structures and roads

External lighting of buildings and structures

2-3

General provisions

Class 13 Mineral and geological exploration and surveying, and

environmental monitoring

1(i)

Drilling of boreholes, and seismic surveys

1(ii)

Temporary environmental monitoring stations

Class 14 Reservation of public land for the placing of tables and chairs

Reservation of area for tables and chairs

2-3

General provisions

Class 15 Tented structures

Erection of tented structure

Placing of small tents, tarpaulins or similar structures

3-4

General provisions

CLASS 1

Alterations to existing buildings and development within the curtilage of buildings

1. Subject to article 4 of this class, and to the applicable conditions and exceptions

and provided that it is in line with existing sanitary regulations and with Development

Control Policy and Design Guidance, the following development is permitted under

this Class without any notification as established in sub-article 5(1), unless otherwise

specified>

(i) Internal alterations, excluding all works that would>

(a)

increase in the number of dwellings<

(b) increase in the number of commercial outlets and floor space<

(c)

increase in the non-residential units<

(d) change of use of buildings<

(e)

reconstruction of roofs< and

In the case of internal alterations to buildings, other than scheduled or listed, that

lie within scheduled property, in designated areas, in UCAs or ODZ, the notification

procedure established in sub-articles 5(1) and 5(3) shall apply. Internal alterations to

a listed building or a building which in itself is scheduled property is not permitted.

(ii) (a) The alteration or replacement of apertures, such as windows, doors,

balconies (excluding timber balconies), gates and other similar elements, without

prejudice to paragraph 2(vi) of this Class< and

(b) The provision of security bars, projecting wrought iron windows

or security windows< as long as such works do not alter materially the character

and#or context of the building and its surroundings.

The notification procedure established in sub-articles 5(1) and 5(3) shall apply in

UCAs, ODZ, on listed buildings and in scheduled property and the provisions of sub-

article 5(5) shall not apply if the building is a scheduled property or listed building.

In UCAs, ODZ, in designated areas, and in or within 30 metres of scheduled

property, the works shall>

(a) be carried out in the same style, design and materials in accordance

with the applicable design guidance for the area< and

(b) not be finished in unpainted metal (including gold, silver or bronze

aluminium) or other visually intrusive material, style, design or coloration, even

where previously existing.

(iii)

Water tanks, with associated apparatus and the necessary screening.

(iv) Solar panels and associated apparatus, and photovoltaic panels and

associated apparatus.

(v) Chimneys and flues for residential buildings.

(vi) Water cisterns or water reservoirs ancillary to an existing building and

entirely within its curtilage, subject that cistern or reservoir shall>

(a)

not be higher than 1.2 metres measured externally above ground

level<

(b) not exceed 100 square metres total area measured externally< and

(c) in no case serve for, or involve the creation of, a borehole that is

not authorised by the Malta Resources Authority according to law.

The development contained in this paragraph is not permitted in scheduled

property, or in designated areas, or within areas listed in article 5 of this class.

Where the development lies ODZ, the cistern or reservoir shall>

in the case that it is not totally below ground level, not be roofed over and

shall not exceed total area of 36 square metres measured externally, and shall not

rise more than 1.2 metres from the existing soil level< and

in the case that it is wholly underground, the cistern or reservoir shall lie

below the footprint of an existing building or paved area.

2. Subject to article 4 of this class, and to the applicable conditions and exceptions

and provided that it is in line with existing sanitary regulations and with Development

Control Policy and Design Guidance, the following development is permitted under

this Class, except in scheduled property, or within areas listed in article 5 of this class,

or ODZ (except for Category I Settlements as defined in the Development Plan) unless

otherwise stated. The notification procedure established in sub-articles 5(1) and 5(3)

shall apply>

(i) Extensions to a single-dwelling building, whether or not within the

current footprint of the dwelling, but not located at roof level. The site coverage

and height limitations applicable to the site are not to be exceeded and the

extensions must not result in the creation of a separate dwelling.

(ii) Extensions not exceeding the existing height of last habitable floor and

not at roof level, to a building containing more than one dwelling unit and used

solely for dwelling purposes. The site coverage and height limitations applicable

to the site shall not be exceeded, and the extension must not result in the creation

of a new separate dwelling.

(iii) The erection of only one extension to an existing building other than a

dwelling, as permitted by the Development Control Policy and Design Guidance.

This paragraph shall not apply if the development is ancillary to an industrial

building or use and the site is located outside land zoned for industrial development

in the development plans.

(iv) Roof structures on the roof of buildings as permitted by the

Development Control Policy and Design Guidance.

(v) Parapet walls on the roofs of buildings or party walls, excluding walls

located on the façade of a building in a UCA. Party walls at roof level shall step

down towards the front to the height of the parapet wall on the façade. In the case

of walls located on the façade of a building, these shall>-

(a)

not be higher than 1.2 metres above existing roof level< and

(b) be constructed in the same style of the façade and aesthetically

compatible with their location.

(vi) Changes to size, style, form, position or number of doorways, window

openings, and other similar openings on one or more elevations of a building,

other than a listed building, subject that>

(a) do not materially alter the character and#or context of the building

and its surroundings<

(b) do not involve the creation of a garage or the formation of a new

vehicular access< and

(c)

satisfy the specifications set out in paragraph 1(ii) of this Class.

(vii) The replacement of timber balconies in the same traditional style,

design, materials and finish as existing, even if within scheduled property or ODZ,

provided that notification as established in sub-article 5(1) shall not be required

where the replacement of the balcony has been agreed in accordance with a

balconies improvement scheme.

(viii) One level of basement under the footprint, backyard, or front garden

of an existing building, provided that>

(a)

it does not involve the creation of a new access to a road<

(b) it is to be used for a purpose ancillary to the existing use of the

building<

(c) where the rear of the building is located on a ridge or on the

development boundary or within 30 metres from the shoreline, the basement

is either limited to the footprint of the building and#or area under the front

garden<

(d) in the case where the building is a villa or a bungalow, a basement

shall be limited to the footprint of the building only< and

(e) if ancillary to an industrial building, it is not located outside land

zoned for industrial development in the development plans.

(ix) Backyard development of any building or structure, accessed from the

backyard, for purposes incidental to a dwelling, and maintenance, improvement

or other alteration of such building or structure, subject that it shall not>

(a) exceed a total external footprint of 9.3 square metres, including

any already existing building or other structure in the backyard<

(b) have a head room higher than 2.5 meters above existing floor level<

(c)

have a permanent access to its roof<

(d) infringe on the minimum permissible backyard (measured from

the rear wall of the dwelling) as defined in article 6 of this Class<

(e) be located within the backyard of a property that lies ODZ or within

a backyard that lies ODZ.

3. Subject to the article 5 of this class, the following development is permitted

under this Class, except in scheduled property, or ODZ (except for Category I

Settlements as defined in the Development Plan), or within designated areas, or within

30 metres from the shoreline, provided that the notification procedure established in

sub-articles 5(1) and 5(3) shall apply>

(i) The creation of a swimming pool within the curtilage of an existing

building, even if in an UCA, together with its ancillary reservoir and pump

chamber, except on the roof of a building, and provided that>

the development does not entail encroachment onto undeveloped coastal

land, onto a valley bed or watercourse, or onto other land that is not existing

developed land entirely confined within the existing boundary of the

development to which it is ancillary.

4. (i) Except where otherwise indicated, any non-residential development

described in this Class shall not be permitted if it>

(a)

results in the creation of additional, separate units or in a change of

use< or

(b) requires an increase in parking provision.

(ii) Wherever the rear of the building is located on a ridge or on the

development boundary or within 30 metres from the shoreline, development as permitted

by this Class on the roof of a building shall be set back at least 3 metres from the rear

facade of the underlying floor, unless it is located behind and screened by an existing

parapet wall and is not higher than such wall.

(iii) All permitted structures described in this Class that are above ground

level in UCAs and are visible from outside the building, shall be constructed in natural

stone or with a stone finish.

(iv) The hacking, or drastic cleaning of stonework by means of grit-blasting,

sand-blasting, high-pressure water jets, compressed air, extensive sanding or

abrasion, or other similarly interventions that would adversely affect any building

(or structure) of historic value or cultural heritage value, is not permitted.

5. Notwithstanding the provisions this Class, the following development is not

permitted within the UCAs of Valletta, Floriana, Mdina, Rabat, Bormla, L-Isla and

Birgu in Malta, and Rabat and Cittadella in Gozo>

i.

extensions as permitted in Class 1 article 2<

ii. roof structures as permitted in Class 1 article 2<

iii. changes to size, style, form, position or number of doorways, window

openings, and other similar openings on one or more elevations of a building as

permitted in Class 1 article 2<

iv.

basements as permitted in Class 1 article 2<

v.

water cisterns or reservoirs as permitted in Class 1 article 2< and

vi. swimming pools and ancillary reservoirs and pump chambers as

permitted in Class 1 article 3.

6. For the purpose of the development permitted by this Class>

“building” means a residential building, or a hotel, or a non-residential

building used for a purpose falling into Classes 2, 3, 4, 5, 6, 7, 8, 9, 11 or 12 of the

Development Planning (Use Classes) Order 1994, or its subsequent amendments<

“minimum permissible backyard” means that, unless otherwise permitted

by law or by the sanitary authorities, the backyard is not less than the measurements

given hereunder>

10 feet (3.05 metres) if there is only a ground floor, or a groundfloor

and first floor

13 feet (3.96 metres) if there is a groundfloor and 2 floors

16 feet (4.88 metres) if there is a groundfloor and 3 floors

19 feet (5.79 metres) if there is a groundfloor and 4 floors

22 feet (6.70 metres) if there is a groundfloor and 5 floors

25 feet (7.62 metres) if there is a groundfloor and 6 floors

28 feet (8.53 metres) if there is a groundfloor and 7 floors

31 feet (9.45 metres) if there is a groundfloor and 8 floors

“purposes incidental to the dwelling” include the keeping of poultry, pet

animals, birds or other livestock for the domestic needs or personal enjoyment of

the occupants of the dwelling<

“roof level” means the level of the lowest part of the roof on which the

structure is to be located and, unless otherwise specified in the respective paragraph,

refers to the existing main roof of the building and not to the roof of any washroom

or other roof structure, lift well, stairwell or penthouse<

“roof structure” includes residential rooms at roof of terraced houses and

maisonette development conforming to specifications in the Development Control

Policy and Design Guidance applicable at the time of notification< washrooms<

plant and lift rooms< stairwells< and stairhoods.

CLASS 2

Minor operations

1. Subject to article 3 of this class, and the applicable conditions and exceptions

and provided that it is in line with approved Development Control Policy and Design

Guidance and any other relevant policy, the following development, except in scheduled

property, is permitted under this Class without any notification as established in sub-

article 5(1), unless otherwise specified>

(i) Front garden walls, walls around gardens and recreational areas, erected

or reconstructed as well as the demolition or removal of any such walls if this

would not alter materially the character and#or context of the building or garden

and its surroundings. Works shall be limited to the wall itself without any

substantial modification to a front garden, other garden, vehicular parking or

driveway, and must not damage any structure which in the Authority’s opinion

could be of heritage value or could merit scheduling. The provisions of this

paragraph shall not apply if the site is ODZ. The notification procedure established

in sub-articles 5(1) and 5(3) shall apply if the site lies in a designated area or in a

UCA or within 30 metres of a scheduled property.

(ii) Boundary walls around undeveloped land abutting a street, entirely

within the development boundary as defined in planning schemes or local plans,

and not located ODZ. The wall shall be constructed in limestone and shall not be

higher than 2.4 metres and in accordance with the official alignment. The

notification procedure established in sub-articles 5(1) and 5(3) shall apply, except

where the wall is fully in line with written specifications and other written design

parameters approved in advance by the Authority.

(iii) The erection or alteration of random dry-stone rubble walls (sejjieg[)

on existing agricultural land or along a legally existing street, carried out

exclusively in random dry-stone rubble walling (sejjieg[) without any mortar and

in accordance with the provisions of the regulations issued under the Environment

Protection Act subject that it respects the site topography and landscape context

and shall, along its whole perimeter, not be higher than>

(a)

1.2 metres above soil level on both sides< or

(b) in the case of different levels on terraced land, 1.2 metres above

the higher soil level and 2.4 metres from the lower soil level.

Where the wall is located on a ridge or on the edge of the development

boundary or facing undeveloped coastal land, it shall be subject to the

procedure of notification as established in sub-articles 5(1) and 5(3), and

subject that such boundary wall shall satisfy the following conditions>

(a) it shall not be higher than 2.4 metres, including any exposed

foundations above external soil level<

(b) if the wall or the development to which it is ancillary adjoins

another building, the wall shall not protrude outwards beyond the wall of the

other building, nor shall it cause any part of the development to protrude

outwards beyond the wall of the other building< and

(c) the depth of the building up to the wall mentioned in this paragraph

shall not exceed 25 metres from the official building alignment.

(iv) The repair of existing boundary wall is permitted under this Class,

provided the such works do not affect the height and character of the existing

wall.

(v) The maintenance or repair of buildings or other structures, subject that

such works do not>

(a) constitute the complete or substantial demolition and re-erection

or replacement of buildings or structures<

(b) materially alter the character and#or context of the building or

structure and its surroundings.

In UCAs and ODZ, the notification procedure established in sub-articles

5(1) and 5(3) shall apply and the replacement of building elements shall be

in keeping with the existing materials, design and method of construction.

(vi) The replacement or installation of plant and machinery, within industrial

buildings or on land within the curtilage of industrial buildings, provided that the

new plant or machinery does not give rise to a change in the processes, operations

or activities authorised for that site. Where the plant or machinery is located on

land within the curtilage of the building, it shall neither>

(a) exceed a height of 15 metres above ground level or the height of

anything replaced, whichever is the greater< nor

(b) be within 5 metres of any boundary of the curtilage of the premises.

This paragraph shall not apply if the building or industrial land is located

outside land zoned for industrial development in the development plans.

(vii) The fixing of surveillance cameras, security equipment, and other

similar small-scale equipment, even within scheduled property, provided that this

is aesthetically compatible with its surroundings. If it is to be effected in a UCA

or ODZ, it is not conspicuously finished in unpainted metal (including gold, silver

or bronze aluminium) or other visually intrusive coloration.

(viii)

The painting of the exterior of a building or work, provided that>

(a)

It is not for purpose of advertisement, announcement or direction<

(b) It is in congruence with the streetscape

2. Subject to article 3 of this class, and the applicable conditions and exceptions

the following development is permitted under this Class, excluding development in

scheduled property, unless otherwise specified hereunder, without any notification as

established in sub-article 5(1), provided that where the site lies in a designated area or

in an UCA, or ODZ, or within 30 metres of a scheduled property, the notification

procedure established in sub-articles 5(1) and 5(3) shall apply>

(i) The sanctioning of development constructed as a mirror image of

approved plans, within an existing development zone as indicated in the

development plans, subject that the changes do not materially alter the character

and#or context of the building and its surroundings.

(ii) Air conditioning units on the exterior of a building, unless located on

any facade that faces a road, or visible from a road.

(iii) Replacement or reconstruction of roofs which does not include, or

cause, the demolition or replacement of walls or the alteration of the external roof

level. If the building is a listed building, or is located within an UCA or ODZ, or

is located within scheduled property (but is not itself the scheduled property),

then>

(a) the replacement or reconstruction shall retain the same form, style,

design, and materials< or shall be limited to the replacement by another roof

composed of stone slabs (xorok) and wooden beams or kileb< or (except in

the case of listed buildings) shall be limited to the replacement of a roof

composed of rolled steel joists (RSJ) and stone slabs with a roof made of

concrete<

(b) the provisions of sub-article 5(5) shall not apply.

3. For the purpose of the development permitted by this Class>

(i) Wherever the rear of the building is located on a ridge or on the

development boundary or within 30 metres from the shoreline, development as

permitted by this Class on the roof of a building shall be set back at least 3 metres

from the rear facade of the underlying floor, unless it is located behind and screened

by an existing parapet wall and is not higher than such wall.

(ii) All permitted structures described in this Class that are above ground

level in UCAs and are visible from outside the building, shall be constructed in

natural stone or with a stone finish.

(iii) The hacking, or drastic cleaning of stonework by means of grit-blasting,

sand-blasting, high-pressure water jets, compressed air, extensive sanding or

abrasion, or other similarly interventions that would adversely affect any building

(or structure) of historic value or cultural heritage value, is not permitted.

CLASS 3

Formation, laying out, alteration or improvement of roads by Government

agencies, Local Councils and other entities appointed thereby

1. Subject to article 2 of this Class, the following development is permitted

under this Class, without any notification as set out in sub-article 5(1), unless otherwise

stated.

(i) The formation or laying out of roads and pavements as indicated in a

planning scheme, and the alteration or creation of pavements within a development

boundary.

(ii) The widening, improvement or maintenance of an existing road within

the highway boundary, except in the case where the existing road and#or pavement

are constructed in natural stone paving, in which case, such works shall be subject

to the notification procedure as established in sub-articles 5(1) and 5(3).

(iii) The improvement or alteration of junctions, unless it involves the

alteration of a grade separated junction or a significant alteration in the traffic

direction.

(iv) The installation, modification or removal of traffic lights and any other

similar traffic management systems, unless works are on or attached to a building

which in itself is a scheduled property, in which case, the notification procedure

as established in sub-articles 5(1) and 5(3) shall apply.

(v) The embellishment or enhancement of existing roundabouts, existing

traffic islands and#or existing centre strips, provided that such embellishment would

not create an obstruction to the view of, or a distraction to, persons using any road

used by vehicular traffic, so as to be likely to cause danger to such persons.

2. Notwithstanding anything contained in the provisions of article 1 of this Class,

the development described therein shall only be permitted if>

(i) it does not entail additional undeveloped land outside the planned or

existing highway boundary.

(ii) it does not affect the planning scheme boundary or entails departure

from the official alignment.

(iii) it does not entail direct or indirect damage to existing historical

buildings or monuments, archeological features including underground shelters,

cisterns or water galleries, rubble walls and natural stone paving< and

(iv) it includes all the necessary measures so that, wherever possible>

(a) infrastructural services are installed underground without any

introduction, installation or attachment of overhead wiring on the site or its

surroundings< and

(b) existing overhead wiring and other infrastructural services currently

above ground are relocated underground.

CLASS 4

Minor infrastructural development

1. (1) Subject to sub-articles (2) and (3) of this article, the following

development is permitted under this Class without any notification as established in

sub-article 5(1), provided that where the site lies in UCA, or in or within 30 metres of

a scheduled property, or designated area which incorporates a whole town or village or

a substantial part thereof, the notification procedure established in sub-articles 5(1)

and 5(3) shall apply.

(i) 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

2 metres in length, 2 metres in width and 2 metres in height<

(b) 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 not larger than the area 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<

(c) The location of the facility shall not require the removal of, or

damage to> existing trees, random rubble walls ([itan tas-sejjieg[) and similar

structures, natural rocky surfaces, archaeological features, or any structures

or features beyond the land area occupied by an existing road carriageway

or pavement or similar paved area<

(d) At least one reserved un#loading bay 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<

(e) The receptacles shall allow at least 1 metre of unobstructed

pavement width<

(ii) 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< and

(iii) The installation or placing of posting boxes, self-service machines or

Automated Teller Machines, or vending machines that are in line with approved

policies and guidelines< and

(iv) The erection of telephone boxes or booths, provided that the structure

shall not exceed 1 m 2 in area measured externally and a height of 2.4 metres

measured externally.

(2) Subject to the provisions and limitations of sub-article 1(i) of this class,

development permitted therein for sites located ODZ is only permitted on a site which

abuts a road which forms the edge of a planning scheme or is physically located within

an existing car park, subject that the permitted development shall>

(a) 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<

(b) be entirely confined to the land area occupied by an existing vehicular

carriageway or pavement or similar paved area<

(c) be adequately and sensitively screened so as to mitigate its visual impact.

(3) Any development described in sub-articles (1)(i) and (2) of this article

shall not be permitted in the following locations>

(a) Along an arterial or distributor road, or within 30 metres of a junction

with an arterial or distributor road, or within 30 metres of a roundabout with an

arterial or distributor road, unless the facility is safely accessible< and

(b) Within 5 metres of a dwelling, or a building which in itself is a scheduled

property<

(c) In or within 30 metres of a scheduled property, or designated area which

does not incorporates a whole town or village or a substantial part thereof.

2. (1) The following development is permitted under this Class, in all areas

subject to the notification procedure as established in sub-articles 5(1) and 5(3)>

(i) The erection of ticketing booths in accordance to a local strategic plan

approved in advance by the Authority, defining design, location and distribution

of such facilities.

(ii) The provision of waste separation litter receptacles, together with

advertisement signs as part of the facility, in accordance to a local strategic plan

approved in advance by the Authority, defining design, location and distribution

of such facilities.

(2) Any development permitted by article 2 of this class, shall>

(a)

be subject to prior authorization by the Malta Transport Authority<

(b) be aesthetically compatible with its surroundings<

in the case of development on a pavement, maintain a clear passage way of not

less than 1 metre<

(c) not entail direct or indirect damage to existing historical buildings or

monuments, archaeological features including underground shelters, cisterns or

water galleries, rubble walls and natural stone paving<

(d) not involve or entail the erection, construction or installation or

introduction of overhead wiring<

CLASS 5

Development related to public utility services

1. Subject to article 3 of this Class the following development is permitted in all

areas without any notification as established in sub-article 5(1), unless otherwise stated>

(i) The carrying out of any works for the purpose of inspecting, maintaining,

repairing or renewing any existing sewer, main, pipe, cable or other apparatus,

including the breaking open of any made-up ground or soil for that purpose,

provided that the land is immediately and completely returned to its original

condition once the works have been completed.

(ii) Any development below ground level, including excavation, which is

required in connection with>

(a) the supply of water or for conserving, monitoring, redistributing

or augmenting water resources<

(b) the provision, improvement, maintenance or repair of a sewer or

sewerage connection or associated apparatus< or

(c) the maintenance or repair of an outfall pipe, or of a sewage

treatment plant, or of an ancillary reservoir< or

(d) the laying underground of pipes, cables or any other apparatus.

The land surface must be immediately and completely returned to its original

condition once the works have been completed.

The notification procedure established in sub-articles 5(1) and 5(3) shall

apply for sites in or within 30 metres of scheduled property or in a designated

area.

(iii) The installation of service lines to individual customers from a service

line, including any excavations for such purpose, provided that the land is

immediately and completely returned to its original condition once the works

have been completed. The notification procedure established in sub-articles 5(1)

and 5(3) shall apply for sites in or within 30 metres of scheduled property or in a

designated area.

2. Subject to article 3 of this class, the following development is permitted

under this Class without any notification as established in sub-article 5(1), provided

that for development located in or within 30 metres of scheduled property or in a

designated area, in an UCA or ODZ, the notification procedure established in sub-

articles 5(1) and 5(3) shall apply>

(i) The installation, in a public infrastructural network, of a booster station,

valve house, meter house or switchgear house, unless it involves any development

above ground level in an UCA or ODZ.

(ii) The construction, provision or improvement of sewage inspection

chambers above ground level unless such chamber exceeds>

(a)

1 square metre in area measured externally< or

(b) 1 metre in height measured externally above ground level. If located

ODZ, structures above ground level are to be suitably designed to mitigate

their visual impact on the surrounding envirnment.

(iii) The provision, construction and renewing of any storm water culvert

or water channel, storm water drain, rainwater spout or overflow pipe, or storm

water reservoir that is altogether located under an existing road carriageway or

pavement or similar paved area. The development must not involve channelisation

of natural watercourses or valley beds.

(iv) The provision, excavation, extension or enlargement of service ducts

for the improvement, rationalisation, management or inspection of underground

services, provided that the roof of the duct is in keeping with the surrounding land

surface and, if the site lies ODZ, it shall be suitably finished to compliment the

surrounding environment.

(v) The installation of feeder or service pillars, but not poles or masts,

provided that where located on a pavement, these shall allow at least 1 metre of

unobstructed pavement width.

3. Notwithstanding anything contained in the provisions of article 1 and 2 of

this Class, the development described therein shall only be permitted if>

(i) it does not entail additional undeveloped land outside the planned or

existing highway boundary<

(ii) it does not entail direct or indirect damage to existing historical buildings

or monuments, archaeological features including underground shelters, cisterns

or water galleries, rubble walls and natural stone paving< and

(iii)

it includes all the necessary measures so that, wherever possible>

(a) infrastructural services are installed underground without any

introduction, installation or attachment of overhead wiring on the site or its

surroundings< and

(b) existing overhead wiring and other infrastructural services currently

above ground are relocated underground.

4. For the purpose of this class, public utility services means and includes works

related to water distribution, sewerage and storm water undertakings and electricity

and telecommunications undertakings.

CLASS 6

Development related to public transport

1. Subject to the provisions of articles 2 and 3 of this Class, the following

development is permitted under this Class except in or within 30 metres of scheduled

property, or within designated area, unless the scheduled property or designated area

incorporates a whole town or village or a substantial part thereof, provided that the

notification procedure established in sub-articles 5(1) and 5(3) shall apply>

(i) The installation of signs which exceed 0.5 square metres in area, in

connection with the operation of route buses< and

(ii) The construction or replacement of existing passenger shelters including

advertisement as part of the passenger shelter, or barriers for the control of people

waiting to enter a route bus, except where the development involves any road

widening or any encroachment onto land that is not a road carriageway, pavement

or similar paved area.

2. Any development permitted by this Class shall>

(a) in the case of development on a pavement, maintain a clear passage

way of not less than 1 metre<

(b) not cause any damage to any natural stone paving or kerbs or steps, as

the case may be<

(c)

any advertisement permitted in sub-article 1(ii) shall>

(i) be limited to two square metres and displayed on both sides of the

side panel of the passenger shelter, placed at right angles to the pavement<

(ii) if illuminated, shall be internally lit and controlled by automatic

timers to turn off by twelve midnight.

3. For the purposes of sub-article 5(1), prior authorisation by the Malta Transport

Authority shall be submitted with the notification.

4. For the purposes of this Class, “route bus” means a vehicle constructed

principally for the carriage of seated passengers and with areas for standing passengers

to allow frequent passenger movement, licensed to carry passengers for hire or reward

and which is registered to perform scheduled trips with the Central Office for Scheduled

Bus Transport Services.

CLASS 7

Development related to telecommunications

1. Subject to articles 2, 3 and 4 of this Class, provided that it is in line with

approved Development Control Policy and Design Guidance and any other relevant

policy, the following development is permitted under this Class without any notification

as established in sub-article 5(1), except within scheduled property, where the

notification procedure as established in sub-articles 5(1) and 5(3) shall apply.

(i) The installation, alteration or replacement of any telecommunications

apparatus unless such development involves>

(a)

the erection or alteration of buildings< or

(b) the introduction of poles and masts to support overhead wiring

and#or structures with a height exceeding 10 metres to support the permitted

apparatus<

(c) direct or indirect damage to existing scheduled buildings or

monuments, archaeological features including underground shelters, cisterns

or water galleries, rubble walls and natural stone paving.

(ii) A satellite antenna, when placed>

(a)

on the roof of a building< or

(b) within the curtilage of a building, provided that it is not visible

from a public road.

2. (1) The provisions of article 1 of this Class shall apply without prejudice to

any authorisation as may be required from, and any conditions, limitations and

exclusions imposed by, the public health authorities and other competent entities.

(2)

The provisions of article 1 of this Class shall not apply where the

building>

(a) is an agricultural building or room in the countryside or a similar

structure irrespective of its use< or

(b) is a beach room, kiosk, fireworks factory or similar structure< or

(c) is located on land ODZ and used or intended for parking of vehicles or

storage of machinery< or

(d) itself is the scheduled property or is a listed building.

3. The following provisions shall also apply in respect of development described

in paragraph 1(ii) of this Class>

(1) A satellite antenna shall not exceed>

(a) a diameter of 2.2 metres and a height of 2.5 metres from the ground

level, when placed at ground floor level< and

(b) a diameter of 1.2 metres and a height above ground of 1.5 metres in all

other cases< and

(2) In all cases, where the site lies ODZ, or on a ridge, or on the edge of the

development boundary, the satellite antenna shall not be located on any exposed facade.

4. For the purposes of this Class, “exposed façade” means and includes any

façade, including rear facades, that is visible from any road or undeveloped land or

overlooking a ridge or land ODZ or scheduled property.

CLASS 8

Development related to agriculture

1. Subject to the provisions of article 3 in this Class, the following development

is permitted under this Class, without any notification as established in sub-article

(i) The carrying out of engineering operations on existing cultivated

agricultural land, reasonably necessary for the purpose of agriculture, including

works for the irrigation of land. The following works are not acceptable

development unless otherwise stated in subsequent articles>

(a) the erection of a building, or are related to the erection of a building

or to the intensive raising of animals or crops< or

(b) the construction of a reservoir< or

(c)

the creation of a pond< or

(d) the drilling of a borehole or water gallery, or other works for the

extraction of groundwater or for the tapping of existing natural springs or

permanent streams< or

(e) the deposition of material on land whether for the purpose of the

creation or improvement of agricultural land or otherwise< or

(f) works on agricultural land that has been reclaimed, created or

extended without the required permits.

(ii) The maintenance of existing farm roads carried out by or on behalf of

the Department of Agriculture. Provided that such works do not>

(a) involve encroachment beyond the pre-existing road carriageway,

or deposition of material beyond the road carriageway, or levelling or

reclamation of land< or

(b) involve the raising or expansion or extension or leveling or

widening or re-engineering or surfacing with concrete.

2. Subject to the provisions of article 3 in this Class, the following development

is permitted under this Class, subject to the notification procedure established in sub-

articles 5(1) and 5(3), and the provisions of sub-article 5(5) of this Order shall not

apply, unless otherwise specified in this Order>

(i) The deposition by the Department of Agriculture of inert material and#or

soil on land which is considered by the Authority as degraded ground having no

ecological, archaeological or other particular conservation value, but specifically

excluding garigue, valley beds and watercourses.

(ii) The deposition of soil#material on existing cultivated agricultural land

for the purpose of improvement of the land for cultivation, and not raising the

existing soil level by more than 0.5 metres. Any works covered by this paragraph

must not involve, cause, entail or sanction>

(a) the destruction, provision, extension or raising of walls other than

as provided in paragraph (iii) of article 1 of this Class 2 of Schedule I< or

(b) encroachment beyond the pre-existing site boundary, deposition

of material beyond the site boundary, leveling or reclamation of land, or

encroachment onto watercourses or non-agricultural land< or

(c)

overspills onto, or any damage to, the surroundings of the site< or

(d) topographical changes that alter the character or context of the

site or of the surrounding countryside.

(iii) The construction of not more than one pump chamber to serve only

existing boreholes authorised by the Malta Resources Authority or existing

authorized operational reservoirs. The pump chamber shall be>

(a)

within 1 metre from the borehole or reservoir<

(b) not exceeding a total height of 1.1 metres (4 courses) and a total

area of 1.5 square metres, all measured externally<

(c) sited in an agricultural holding on which there are no other

structures or buildings other than authorised reservoirs<

(d) physically detached from random rubble walls (sejjieg[)< and

(e) where there is a difference between the level of the site of the

pump chamber and the adjoining land, it shall be set back at least 2 metres

away along its whole perimeter from the edge separating the site from lower-

lying land.

For the purposes of sub-article 5(1), documentary proof confirming the

existence of an authorised operational reservoir or authorised operational

borehole to the Authority’s satisfaction shall be a pre-requisite for all

notifications to erect a pump chamber. To this effect, written authorisation

by the Malta Resources Authority, accompanied by a clear site plan (and

any other relevant drawings) also stamped and endorsed by the Malta

Resources Authority and cross-referred to the authorisation letter, shall be

submitted with the notification.

(iv) Irrigation reservoir, subject that such reservoir>

(a) is sited in an agricultural holding on which there are no other

reservoirs<

(b) is physically detached from all rubble boundary walls (sejjieg[)<

(c) is at least 2 metres away along its entire perimeter from the edge

separating the site from any other lower-lying land adjacent to the side of the

reservoir<

(d) in the case that it is not totally below ground level, the reservoir

shall not be roofed over, shall not exceed total area of 36 square metres

measured externally, and shall not rise more than 1.7 metres (6 courses)

from the existing soil level< and

(e) in the case that it is wholly underground, the reservoir shall not

exceed a total area of 100 square metres and its finished roof level shall be at

least 0.75 metres below existing soil level.

3. For the purpose of this Class, the following development is not permitted>

(i) Dumping, storage or deposition of material other than reasonably

required for the improvement of the land in accordance with the provisions of this

Order.

(ii) Any fragmentation of existing agricultural land.

(iii)

Changes in boundaries.

(iv) The construction or installation or introduction of overhead wiring,

poles, masts or pylons in the site or its environs, serving any permitted development

under this Class.

(v) Works connected with the development which involve or entail the

demolition of, or could foreseeably cause direct or indirect damage to any wall

constructed in random rubble (sejjieg[) or random uniform rubble (laqx) or any

dry-stone huts (giren and similar structures) or any other structures protected

under the Environment Protection Act or underground infrastructure, caves,

fossiliferous, infilled fissures (dag[bien) or archaeological features, historic

buildings, underground shelters or other built or rock-cut historic structures, cisterns

or water galleries.

(vi) Works that involve the destruction, uprooting or damage to existing

trees.

4. For the purpose of this Class>-

“existing agricultural holding” means land currently and lawfully used for

cultivation at the time the reservoir or pump chamber is constructed<

“material” includes waste, refuse, rubble and any soil imported onto, or

deposited on, the land.

CLASS 9

Temporary placing of machinery and structures for development operations

1. The following development is permitted under this Class, without any

notification as established in sub-article 5(1). Where the operations are going to take

place within scheduled property, or in a designated area, on land that is located ODZ

and is beyond the confines of an existing road, carriageway and beyond existing

cultivable soil, the notification procedure established in sub-articles 5(1) and 5(3) shall

apply.

(i) The placing on land of a building, moveable structure, works, plant or

machinery required temporarily in connection with, and for the duration of,

operations on, in, under or over that land or on land immediately adjoining it, in

connection with or for the purpose of development permitted by a development

permission, or by any other permission by the Authority, or by this Order, subject

that such works shall>

(a)

not apply to mining or quarrying operations< and

(b) in the case where such works would create an obstruction to an

existing pedestrian passage way, all the necessary measures shall be taken to

provide for a safe alternative passage way as directed by the competent

authority< and

(c) after completion of works, such temporary installation shall be

completely removed and the land shall be completely restored to its pristine

condition<

(d) such use does not entail direct or indirect damage to existing

historical buildings or monuments, archaeological features including

underground shelters, cisterns or water galleries, rubble walls and natural

stone paving.

CLASS 10

Temporary use of Land

1. Subject to the provisions of article 2 in this Class, the following development

is permitted under this Class in all areas without any notification as established in sub-

article 5(1), except where site lies ODZ, where the notification procedure as established

in sub-articles 5(1) and 5(3) shall apply>

(i) The reversible use of land, as well as any temporary structures required

for such use, for not more than thirty (30) days, provided that the land used is

fully restored to its pristine condition and any structure removed before the expiry

of such thirty-day period.

2. Notwithstanding the provisions of article 1 of this Class, the use of land is

not permitted if such use is>

(a)

for a caravan site< or

(b) for camping< or

(c) for off-road vehicle, motor car and motorcycle racing or rallying, or for

practising for these events and activities.

3. Notwithstanding anything contained in the provisions of article 1 and 2 of

this Class, the development described therein shall only be permitted if>

(a) any temporary structure required for such use would not impair visibility

at a road junction or otherwise pose a threat to the safety of pedestrians or vehicular

traffic<

(b) such use does not entail direct or indirect damage to existing historical

buildings or monuments, archeological features including underground shelters,

cisterns or water galleries, rubble walls and natural stone paving.

CLASS 11

Development related to aviation

1. The following development is permitted under this Class without any

notification as established in sub-article 5(1)>

(i) The carrying out of development, including the erection or alteration of

an operational building, on operational land within the perimeter of an airport, by

an airport operator or its agent, in connection with the provision of services and

facilities at an airport, unless such development consists in>

(a)

the construction or extension of a runway< or

(b) the construction, alteration or extension of an operational building

with a floor space exceeding an area of 100 square metres and 4 metres in

height.

(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 the following>

(a)

the provision of air traffic control services< or

(b) navigation of aircraft using the airport< or

(c)

monitoring of the movement of aircraft using the airport.

(iii) Changes to 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. The following development is permitted under this Class, subject to the

notification procedure set out in sub-articles 5(1) and 5(3), unless in the opinion of the

Director of Civil Aviation, the development is urgently required for the efficient running

of the airport>

(i) The construction, alteration or extension of an operational building.

3. For the purposes of this Class, “operational land” or “operational building”

means land or a building used or required in connection with the movement or

maintenance of aircraft, or with the embarking, disembarking, loading, discharge or

transport of passengers, goods or livestock at an airport, and is land or a building

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

CLASS 12

Lighting of buildings, structures and roads

1. Subject to the provisions of articles 2 and 3 of this class, the external lighting

of buildings, structures and roads is permitted under this Class, provided that where

the site or lighting equipment of buildings and structures lies in a UCA or ODZ or in a

designated area or in or within 30 metres of a scheduled property, the notification

procedure established in sub-articles 5(1) and 5(3) shall apply.

2. Notwithstanding the provisions of article 1 of this Class, the external lighting

of buildings or structures is not permitted in the case where such lighting>

(a) is incompatible with the character of the location and#or create

unacceptable light pollution< or

(b) in the case of street lighting ODZ involve lighting beyond the street

itself and#or cause unacceptable light pollution in an area that should be kept free

from artificial nocturnal lighting or compromise the conservation of important

flora, fauna or ecosystems<

(c) involves the illumination of any sign or advertisement, or such

illumination constitutes its primary purpose< or

(d) involves an area larger than a building or structure.

3. For the purposes of this Class, temporary lighting of buildings and structures,

for festivities and similar events, shall not be deemed to constitute development.

CLASS 13

Mineral and geological exploration and surveying, and environmental monitoring

1. The following development is permitted under this Class without any

notification as established in sub-article 5(1)>

(i) Development on any land, not being within 30 metres of any part of a

residential building or other non-commercial building, consisting of>

(a)

the drilling of boreholes other than for groundwater abstraction<

or

(b) the carrying out of seismic surveys<

On condition that the land is immediately and completely restored to its

original state once the works have been completed.

(ii) The placing of equipment or temporary stations for environmental,

atmospheric or marine study and monitoring, even if in or within 30 metres of a

scheduled property or in a designated area, for not more than one calendar year,

and on condition that>

(a) no damage or other significant disturbance to the site or the

surrounding environment is entailed<

(b) no material is placed of on garigue or on exposed rockfaces in a

manner that could foreseeably result in damage to, or scarring of, the land

surface< and

(c) the equipment or station is completely removed and the land is

fully returned to its pristine condition once the station ceases to operate.

CLASS 14

Reservation of public land for placing of tables and chairs

1. Subject to the provisions of article 2 of this class, the reservation of an area of

public open space for the placing of tables and chairs, to serve an establishment falling

into Class 6 (Food and Drink) of the Development Planning (Use Classes) Order 1994

(or as may be subsequently amended), is permitted under this Class subject to the

notification procedure established in sub-articles 5(1) and 5(3) and subject to the

following conditions>

(i) Where situated in a pedestrian area, garden, promenade or belvedere, a

passage for pedestrians at least 1.5 metres wide is to be left clear and unobstructed

between the area reserved for tables and chairs and>

(a)

any physical obstruction or building<

(b) any ramp, stair, access point or kerb line designed for enabling

pedestrian access to, or from, a road or walkway<

(c) in the case of a promenade or belvedere, the outer edge of the

promenade or belvedere< and

All areas reserved for tables and chairs shall be limited to not more than

a quarter of the width of the road, square, and alley, (as may be relevant) in

front of the establishment. In the case of a promenade or belvedere the areas

reserved for table and chairs shall be limited to half the width of the promenade

or belvedere.

(ii) Where situated on a pavement, a pedestrian passage not less than 1.5

metres wide shall be left clear and unobstructed between the area reserved for

tables and chairs and the edge of the pavement.

(iii) The tables and chairs must not impair visibility at a road junction or

otherwise pose a threat to the safety of pedestrians or vehicular traffic.

(iv) The tables and chairs must not be separated from the premises which

they serve by a highway used by vehicular traffic, unless otherwise approved in

advance and in writing by the Malta Transport Authority.

(v) The tables and chairs must not obstruct the legal access to any other

property or to an existing facility.

(vi) Any physical means of enclosing the area reserved for the placing of

tables and chairs shall>

(a)

be temporary in nature<

(b) be in appropriate material and design< and

(c)

not exceed the height of 1.2 metres from the ground.

(vii) In the event that all structures permitted in this Class are removed,

land used or affected must be fully restored to its pristine condition.

(viii) The tables and chairs must not be placed on a highway used by

vehicular traffic, or on any other land where they would create conflicts with

other existing legal uses, including>

(a)

facilities for fishermen< and

(b) public benches.

(ix) Written authorisation by the Malta Tourism Authority and by the Malta

Transport Authority shall be submitted with all notifications relating to this Class.

2. Notwithstanding anything contained in the provisions of article 1 of this Class,

the development described therein shall only be permitted if it does not entail direct or

indirect damage to existing historical buildings or monuments, archeological features

including underground shelters, cisterns or water galleries, rubble walls and natural

stone paving.

3. For the purposes of this Class>

“Outer edge” means the side of the promenade or belvedere that faces such

ridge, embankment, rampart, shore, valley or lower-lying land<

“pedestrian area” means a pedestrianised zone, piazza or other area which

vehicles do not access, but does not include pavements<

“promenade or belvedere” means a pedestrian area on a ridge or on an

embankment or on a rampart, or otherwise overlooking a seashore or valley or

other lower-lying land<

“public open space” means a pavement, piazza, pedestrian area or other area

used predominantly by pedestrians, but excluding beaches and shores<

“tables and chairs” includes their ancillary structures, including umbrellas,

planters, plants and similar objects or ornaments, heaters, fans and similar

equipment<

“walkway” includes pavements and similar passageways< and

the placing of tables and chairs on private land within the confines of the establishment

shall not be deemed to constitute development.

CLASS 15

Tented structures

1. Subject to article 3 of this class, the erection of tented structures, on land, for

not more than six (6) months in any one (1) calendar year is permitted under this Class,

subject to the notification procedure established in sub-articles 5(1) and 5(3), and subject

to the following conditions>

(i) The use of the tented structure and the land that it covers must be ancillary

to the existing use of land or building, and in the Authority’s opinion, be compatible

with the site where the tent is to be placed and with its environs, and must not be

conducive to unacceptable environmental or visual impact.

(ii) The tented structure would not impair visibility at a road junction or

otherwise pose a threat to the safety of pedestrians or vehicular traffic.

(iii) The structure must be completely removed and the land used or affected

must be fully restored to its pristine condition, before the expiry of such six-

month period.

2. The placement of small tents, tarpaulins, or similar structures to provide

environmental control or privacy, is permitted under this Class, in all areas, except on

a building which itself is scheduled property, without any notification as established in

sub-articles 5(1), provided that such works are not visible from outside the building.

3. Notwithstanding anything contained in the provisions of article 1 of this Class,

the development described therein shall only be permitted if it does not entail direct or

indirect damage to existing historical buildings or monuments, archaeological features

including underground shelters, cisterns or water galleries, rubble walls and natural

stone paving.

4. For the purpose of this Class>

“tented structure” means a structure made of fabric, plastic or similar light

materials.

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

Lm1.68 (€3.91)

“the Act” means the Development Planning Act<

the “Authority” means the Malta Environment and Planning

Authority<

“balconies improvement scheme” means a scheme with this

name, or any such scheme, for the financial support of the repair

and replacement of timber balconies in specific localities<

“calendar year” means a period of twelve months beginning

with the day on which the development or use or any intervention

connected therewith is first begun, according to whichever is the

earliest<

“designated areas” means sites and areas identified by

Structure Plan or Local Plan policies, or other planning policies,

for protection, conservation or preservation, including areas of

archaeological, ecological, geological, geomorphological,

hydrological, palaeontological, architectural, historic, artistic, or

antiquarian importance, or of natural beauty, or scientific interest,

together with any specific areas designated under the Act. Urban

Conservation Areas are excluded from this definition, without

prejudice to any designated areas overlapping onto such Urban

Conservation Areas<

“Development Control Policy and Design Guidance” means

Development Control Policy and Design Guidance 2005, without

prejudice to any subsequent amendments or revisions thereto as

may be approved by the Authority<

“development plan” means and includes the structure plan,

subject plans, local plans, action plans and development briefs<

“dwelling” means a single family dwelling unit including,

but not limited to, a terraced house, villa, bungalow, flat, penthouse,

maisonette or basement permitted to be used for residential

purposes in terms of currently approved Development Control

Policy and Design Guidance<

“environmental impact assessment” means an environmental

impact assessment carried out in accordance with the Act or the

Environment Protection Act<

“environmental planning statement” means an environmental

planning statement carried out in accordance with the Act or the

Environment Protection Act<

“footprint” means the space contained within the external

walls of a building at ground floor level, including internal yards,

shafts, terraces or courtyards totally enclosed or surrounded by

the building, but excluding terraces, backyards, yards and pool

decks not totally enclosed or surrounded by the building<

“grade separated junction” means a junction where two or

more roads cross over each other at more than one level<

“highway boundary” means land which consists of an existing

road, street, square, court, alley, lane, bridge or footway<

“listed building” means a building which is itself a designated

area<

“this Order” includes the Schedules to this Order<

“Outside Development Zone”, hereinafter referred to as ODZ,

means land outside the boundary for development in a planning

scheme or local plan<

“planning scheme” means a planning scheme made and

approved in accordance with The Building Permits (Temporary

Act X of 1988.

Provisions) Act, 1988, as updated<

“ridge” means the edge of a hill or plateau, where relatively

flat or gently sloping land gives way to a valley side, hillside,

escarpment, cliff or other comparably distinct slope<

“same style, design, and materials” means the style and design,

and the type, form and colour of the materials, used in the works

which are to be replaced and “same style” or “different style” shall

be construed accordingly<

“scheduled property” means every area, building, structure,

remains, rock formation or other geological feature, excavation or

cavity, individual tree or group of trees or woodland scheduled in

terms of articles 46, 47 and 48 of the Act. For the purposes of this

Order, any land designated or declared as a Special Area of

Conservation or otherwise declared as protected under the

Environment Protection Act shall be treated in the same manner

as scheduled property<

“scheme for traffic management” means a scheme including

any works or operations for the purpose of controlling, affecting

or altering, the direction, rate of flow, and means of movement, of

vehicular and pedestrian traffic, and includes, but is not limited to,

the alteration of road junctions or kerblines, the parking of vehicles,

restrictions on parking, loading and unloading, pedestrianisation,

and the installation of traffic lights and pedestrian crossings and

any other electronic traffic control devices<

“Urban Conservation Area”, hereinafter referred to as UCA,

means a historic area (village core) as identified in a planning

scheme or local plan or other currently approved planning policies<

(2) In this Order, words and expressions defined in the Act

shall have the same meaning as they have in the Act.

(3) (i) In this Order, wherever reference is made to a period

of 30 days, such period shall be deemed as excluding the period of

shutdown of the Malta Environment and Planning Authority offices.

(ii) For the purposes of this Order, the period of

shutdown of the Authority offices shall have the same meaning as that

assigned to it in the Period of Shutdown of the Malta Environment and

Planning Authority Offices (Exemption from Period mentioned in

Article 36) Order, 2002.

(4) (i) With reference to any scheduled property that

already incorporates a protective buffer zone, and Areas of High

Landscape Value, any buffer distance of 30 metres mentioned in the

Schedules to this Order shall not apply.

(ii) In the case of an already existing building on

property that is not ODZ and that is scheduled or designated solely on

the basis of features located underground, and if the new development

is located entirely above ground, the notification procedure established

in sub-articles 5(1) and 5(3) shall replace any restriction that would

otherwise be entailed by such scheduling or designation, and the

provisions of sub-article 5(5) shall not apply.

(iii) In the case of property that is not ODZ and that is

scheduled or designated solely on the basis of landscape value, any

restriction on permitted development that is entailed by such scheduling

or designation shall not apply in respect of>

(a) trenching operations or other underground works which

do not permanently affect the land surface, provided that the land

is completely and immediately returned to its original condition

once the works have been completed< and

(b) internal alterations that do not affect the external

appearance of the building. The notification procedure established

in sub-articles 5(1) and 5(3) shall apply, and the provisions of sub-

article 5(5) shall not apply.

(iv) Wherever there is a difference in opinion, or any

need for interpretation, as to whether a development>

(a) is aesthetically or otherwise compatible with its location<

or

(b) affects or alters materially the character and, or context

of the building or site and its surroundings< or

(c) meets any requirement of this Order, whether explicit

or implied, the opinion of the Authority shall prevail.

(1) Development permission is hereby granted for the Classes Permitted

development.

of development described in Schedule I to this Order, subject to all

relevant exceptions, conditions, restrictions, rules, limitations and

exclusions.

(2) The granting of such a permission shall not imply,

whether directly or indirectly, permission for any other development,

ancillary to or even indispensable or inevitable for the proper execution

of the permitted development, nor does such a permission exempt from

any other requirement according to law or consent from third parties,

nor exempt from liability or responsibility any person contravening any

provision of law, whether applicable during the execution of the

permission or subsequent thereto or as consequential involuntary damage

caused.

(3) The permission under sub-article (1) of this article shall

not dispense from the requirement of any other permissions, licenses or

consent as required by Law.

(4) (i) Nothing in this Order shall permit development that

is contrary to, or would in any way prejudice>

(a) any condition or limitation imposed by any development

permission granted on an application made in accordance with Part

IV of the Act, unless such development is permitted through a

change in policy and does not prejudice any site specific safeguard

for which such conditions or limitations were imposed< or

(b) any condition or limitation imposed by a clearance or

license issued in accordance with the Act or the Environment

Protection Act< or

(c) a decision taken on any application or request for such

permit, clearance or licence.

(ii)

Nothing in this Order shall permit development

that>

(a) is already proposed in an application made in accordance

with Part IV of the Act, which is still being processed, amended,

reconsidered or appealed in accordance with the Act< or

(b) would prejudice the merits of such processing,

reconsideration or appeal< or

(c) would prejudice the merits of a request for any clearance

or license required by the Act or by the Environment Protection

Act, or would prejudice the merits of an appeal from a decision

thereon.

(5) A development permission under this Order shall not

apply if it runs counter to policies or plans or legislation or policy

guidance approved according to the Act or the Environment Protection

Act, applicable at the time of the notification< nor does it exempt from

compliance to reinstate and restore anything done in contravention of

such policies.

(6) The permission granted by sub-article (1) of this article

shall not authorize any development which>

i. requires or involves the formation, laying out, material

widening, expansion, extension or re-engineering of a means of

access to an existing road. This exclusion does not apply with regard

to development permitted by Class 3 of Schedule I< or

ii. creates an obstruction to the view of, or a distraction to,

persons using any road used by vehicular traffic, so as to be likely

to cause danger to such persons< or

iii. requires an environmental impact assessment or an

environment planning statement<

iv. any works connected with the development involve or

entail the demolition of, or could foreseeably cause direct or indirect

damage to>

(a) any wall constructed in random rubble (sejjieg[)

or random uniform rubble (laqx)< or

(b) any dry-stone huts (giren and similar structures)

or any other structures protected under the Environment

Protection Act< or

(c)

underground infrastructure< or

(d) caves< or

(e)

fossiliferous or infilled fissures (dag[bien)< or

(f)

archaeological features< or

(g) historic buildings, underground shelters, or other

built or rock-cut historic structures< or

(h) cisterns or water galleries< or

v. entails the destruction, uprooting or damage to existing

trees, unless such works have been approved by the competent

authorities.

(7) The provisions of article 39A of the Act shall also apply

in respect of all development permission granted under sub-article (1)

of this article.

If the Authority is of the opinion that development described

in Schedule I to this Order should not be carried out unless permission

is granted for it on an application, the Authority may by notice in the

Gazette direct that the permission granted by Article 3 shall cease to

apply to the development.

(1) Where provided in this Order, development shall be

notified to the Authority prior to the commencement of any work, on

the form provided by the Authority which shall include a declaration of

the applicant’s title to the property. This form shall be accompanied by>

three copies of all the necessary plans and elevations< two good-quality

colour photographs properly representative of the site< and other relevant

documentation as provided in this Order or as the Authority may deem

necessary, so that the details submitted to the Authority shall clearly

and correctly identify>

(i) the Perit in charge according to article 97(o) of the Code

of Police Laws<

(ii) the developer<

(iii) the precise location and full extent of the applicant’s

property, and the applicant’s title over the property. Where

considered necessary by the Authority, these shall be confirmed

by a copy of the deed showing the respective title<

(iv) the full nature and full extent of the works<

(v) the Class of Schedule I of this Order permitting such

development<

(vi) all previous permits, applications and notifications

affecting the applicant’s property<

(vii) any required approval by other relevant public

authorities, as specified in this Order. This shall include a written

authorisation by the competent authority, accompanied by a clear

site plan (and any other relevant documents) also stamped and

endorsed by the competent authority and cross-referred to the

authorisation letter< and

(viii) access to the site, indicated on a location map, if the

site does not abut on a public street.

(2) A notification may cover works which fall into more

than one Class or paragraph within a Class, where these are to be carried

out on the same site, except where otherwise provided in this Order.

(3) (i) The Authority shall respond in writing to the

notification and shall return one copy of all the plans submitted, endorsed

to clearly indicate>

(a)

whether or not the works are permitted< and

(b) which works are permitted. In the event of any

discrepancy between any approved drawings and the relevant

provisions of this Order as communicated in the Authority’s

response, the latter shall prevail.

(ii) Where a notification is required under article 5(1),

and without prejudice to any applicable provisions of this Order, the

development shall only be treated as permitted if the developer has

complied with the notification procedure established in sub-article (1)

of this article and the Authority either>

(a)

confirms that the development is permitted< or

(b) does not, within 30 days after the Authority has validated

the notification, give to the developer a notice in writing that the

development requires a development permission in accordance with

Part IV of the Act.

(iii) If the works are not permitted, the Authority shall

give detailed reasons for such a decision. If the works are permitted,

such confirmation by the Authority shall be valid for a period of one

calendar year commencing on the date on which the official notice by

the Authority is issued or, in the absence of such notice, on the date of

expiry of the aforesaid 30 days.

(4) Where development has been carried out without the

notification required in accordance with sub-article (1) of this article,

and that development complies fully with the relevant exceptions,

limitations and conditions of this Order, the notification of that

development shall be treated as though it were a prior notification in

accordance with sub-article (1) of this article, except where otherwise

provided in this Order.

(5) Where>

(i) development has been carried out without the notification

required in accordance with sub-article (1) of this article< or

(ii) a notification has been made and the Authority has not

responded to the notification, and that development>

(a) runs counter to policies or plans or legislation

approved according to the Act or the Environment Protection

Act or<

(b) is not correctly, completely and unequivocally

reflected in the notification, the Authority shall still have the

right to stop works and, or to take enforcement or other action,

in accordance with the Act.

(6) Where development is carried out after the permit

validity stipulated in this article has expired, or after the Development

Order under which it is permitted has been repealed, the Authority shall

still have the right to stop works and or to take enforcement or other

action, in accordance with the Act.

(7) (i) In the case of development that involves or entails

trenching operations the developer or his appointed contractor shall apply

for trenching permission as the Authority may from time to time

establish. This provision shall also cover interventions for the provision,

repair, replacement or maintenance of an individual domestic or similar

connection to existing public infrastructure services.

(ii) An application for trenching permission shall be

considered as if it were a notification in accordance with sub-article (1)

of this article if>

(a) it is submitted to the Authority and satisfies the

conditions established in paragraphs (ii), (iv) and (vii) of the same

sub-article< and

(b) the works are located altogether under a legally existing

road or legally existing pavement. The Authority’s electronic reply

to such application shall be treated as a written reply to the

notification according to sub-article (3) of this article, and all the

other provisions of this article shall apply.

(iii) Without prejudice to sub-article (3) of article 3 of

this Order, the exemptions from notification as are stipulated in this

Order and all other relevant provisions of this Order shall also apply in

respect of clearance from the Authority for trenching operations.

The Development Notification Order, 2001 and the Repeal of

LN 126 of 2001 and

Development Notification (Exemptions) Order, 2001 are hereby LN 127 of 2001.

repealed.