71 tal-2007 - Regolamenti tal-2007 dwar l-Ippjanar ta’ l-Iżvilupp (Proċedura Għal Modifiki Minuri ta’ Pjanijiet Sussidjarji)

L.N. 71 of 2007

DEVELOPMENT PLANNING ACT

(CAP. 356)

Development Planning (Procedure for Minor Modifications to

Subsidiary Plans) Regulations, 2007

IN virtue of the powers conferred by subarticle (8) of article 28 of

the Development Planning Act, the Minister for Rural Affairs and the

Environment, after consultation with the Malta Environment and

Planning Authority, has made the following regulations>

(1) The title of these regulations is the Development Planning Title.

(Procedure for Minor Modifications to Subsidiary Plans) Regulations,

2007.

(1)

In these regulations, unless the context otherwise Definitions.

requires>–

“the Act” means the Development Planning Act<

“the Authority” has the same meaning as is assigned to it in

article 2 of the Act<

“owner” means –

(a) a bare owner or the usufructuary or an emphyteuta<

(b) any one of the owners where the land to which the

application relates is undividedly co-owned.

(2) In these regulations any expression defined by the Act

has the same meaning as it has in the Act.

(3) No application for permission to carry out development

on any site included within the development boundaries in accordance

with the Partial Structure Plan Review published in the Gazette on 27 th

February 2007, shall be validated or approved by the Authority before

an application in accordance with the provisions of these regulations

has been submitted and approved by the Authority>

Provided that for the purposes of this regulation, development

shall not include such development which does not increase the volume

or density of any permitted structures on the site in question>

Provided further that the Authority may validate and approve an

application or permission to carry out development on a site included

within the development boundaries in accordance with the Partial

Structure Plan Review published in the Gazette on 27 th February 2007,

if the zoning, buildings heights and alignment of roads and buildings is

provided for in a plan or policy approved by the Authority.

Applications for changes to the official alignments or

Subsidiary Plans which involve>–

(a) changes to the alignment of roads and buildings as

provided in paragraph (a) of subarticle (4) of article 28 of the Act<

or

(b) changes to the zoning as provided in paragraph (b) of

article 28 (4) of the Act< or

(c) establishment of zoning, building heights and alignment

of roads and buildings, to sites included within the Development

Boundaries in accordance with the Partial Structure Plan Review

published in the Gazette on the 27 th February, 2007, shall be subject

to the provisions set out in these regulations.

(1) An application submitted in terms of regulation 3 of these

regulations shall be made to the Authority on a form provided by the

Authority and shall be accompanied by the following and such other

information as the Authority may require>

(a) three copies of an A4 extract from the latest survey sheet

at 1>2500 scale outlining the scheme or Subsidiary Plan and the

site boundaries<

(b) three copies of an enlarged survey sheet of a scale not

smaller than 1>1000 outlining the proposed change<

(c) at least three colour photographs showing the site and

its surroundings<

(d) legal proof of ownership of the land to which the

application relates, including a title deed and the plan to which

such deed refers.

(2) Where the applicant is not the owner of the land or is

not the sole owner, he shall certify to the Authority that>

(a) in the case applications submitted in terms of regulation

3 (a) of these regulations, he has notified the owner of each other

property within the same street of his intention by registered letter

and a copy of such letter shall accompany his application. This

letter shall also have attached a map, signed by the applicant’s

architect and cross referred to the location of each ownership. The

extent of the area of notification shall lie along the whole stretch

affected by the change in alignment<

(b) in the case of applications submitted in terms of

regulations 3 (b) and 3(c) of these regulations, he has notified all

the owners of the site of the requested amendment or proposal, of

his intention to apply. This shall be done through a registered letter

and a copy of such letter shall accompany his application. This

letter shall also have attached a map, signed by the applicant’s

professional agent and cross referred to the location of each

ownership.

(3) Where the land to which the application relates includes Request of consent

by other owners or

land not owned or not solely owned by the applicant or if the proposed third parties

change is likely to affect third parties, the Authority shall also require affected

modification.

the applicant to provide the following after the validation of the

application>

(a) in an application which involves a change to an existing No objection in the

case of an

alignment of roads or buildings, a written declaration signed by alignment.

the third parties identified in regulation 4 (2) (a), that they have no

objection to the proposed change. This declaration shall also be

signed by the applicant’s professional agent<

(b) in cases where comprehensive planning is indicated in No objection in the

case of a

a subsidiary plan, a written declaration, submitted on a form comprehensive

specifically provided by the Authority, and signed by the owners planning area.

of at least seventy five per centum (75%) of the current potential

floor area on the site of the requested amendment and indicating

that they have no objection to the proposed change. The 75%

requirement shall be applicable to the whole parcel of land indicated

in the aforesaid subsidiary plan and not to part thereof, except for

land where the owners currently avail themselves of conditions

which are similar or better than those indicated in the application.

In cases where there are built units on a comprehensive planning

site, the gross floor area of each built unit should be computed

instead on the land area as indicated above<

(c) in applications which are addressed to establish the

zoning, building height and, or alignment of a site included within

the development boundaries in accordance with the Partial Structure

Plan Review published in the Gazette on the 27 th February 2007,

the requirements indicated in paragraph (b) hereof shall be

followed<

(d) in an application for a change to the official alignment

or for a change to a Subsidiary Plan except for cases indicated in

paragraphs (a), (b) and (c) hereof and a written declaration signed

by 75% of the third parties adjacent to the parcel of land on which

the change is proposed that they have no objection to the proposal.

To this effect, properties on the opposite side of a road are deemed

to be adjacent properties. The Authority should guide in writing

the extent of the properties from which third party consent would

be required and the written declaration should be indicated on a

form specifically provided by the Authority>

Provided that where the Authority considers it expedient it

may request the submission of the legal proof of ownership of

land owned by parties directly affected by the minor modification.

(4) The Authority shall also require the applicant to provide

the following after the submission of the application>

(a) one copy of an official surveyed plan prepared by the

Authority at the expense of the applicant showing the current

alignment and the zoning according to the official alignment or

Subsidiary Plans< and

(b) one copy, showing the proposed changes on the official

surveyed plan mentioned in paragraph (a) hereof, signed by the

applicant’s professional agent, showing the proposed changes. The

property boundaries of all affected parties are to be shown on the

plan with reference to whom each land parcel pertains.

(5) The said application shall also be accompanied by the

fee as prescribed in the Building Levy Rates Regulations, 1996 or their

subsequent revision.

(1) When an application involves a change to the alignment

of roads and buildings as provided in paragraph (a) of subarticle (4) of

article 28 of the Act, the Authority shall follow the procedure set out in

this regulation.

(2) The Authority shall publish details of the application,

including the name of the applicant, by a notice on site and in one local

newspaper, giving the opportunity to interested parties to make

representations, in writing to the Authority, within fifteen days of the

date of the publication of the notice>

Provided that the Authority may, when it considers it

expedient to do so, extend the aforesaid period up to thirty days and in

such case it shall give notice of such extension in the said publication.

(3) The Authority shall serve a copy of the application and

of the site plan on the local council in whose locality the site lies.

(4) The Authority shall determine the application not later

than sixteen weeks from the date of receipt of all documentation and

submissions in accordance with these regulations, provided that the

period of time required for the preparation of the plans mentioned in

sub-regulation (4) of regulation 4 of these regulations shall not be

considered as forming part of this period.

(5) In determining the application, the Authority shall have

regard to the official alignment or Subsidiary Plans, to representations

made in response to the publication of the application and to any other

material consideration.

(6) The Authority shall have the power to grant or refuse

an application, and in granting such application, it may approve the

proposal with or without modifications as it deems fit, but the Authority

shall give reasons for its refusal or for any modifications imposed by it>

Provided that where the Authority decides to modify the

proposal, any person who has made written objections to the proposal

shall be informed by the Authority and shall be invited to be present at

the Authority’s sitting when such application shall be discussed.

(7) In the cases mentioned in subregulations (2) and (3) of

regulation 4 of these regulations, the Authority shall have power to

decide the application notwithstanding that it is not accompanied by

the declaration signed by the third parties in terms of the said regulation

4, if, in the opinion of the Authority, it is in the public interest to have

these changes made as requested or by amendments.

(8) The Authority shall communicate its decision to the

applicant, and to any third parties who made representations on the

application in accordance with subregulation (2) of this regulation, not

later than two weeks from the date on which the decision was made>

Provided that the decision shall not be communicated in

accordance with the provisions of this regulation until the applicant has

paid the relative fees established from time to time by the Authority to

cover the share of the expenses set out by the Authority related to the

infrastructural contributions.

(1) The Authority may, where it considers it expedient to

do so in the interests of proper planning of the area and having regard

to the official alignment or Subsidiary Plans, the Structure Plan and

other material considerations, make changes to the alignment of roads

and buildings of the official alignment or Subsidiary Plans.

(2) In the case mentioned in subregulation (1) of this

regulation, the Authority shall follow the procedure set out in

subregulations (2), (3) and (5) to (8) of regulation 5 of these regulations.

When an application involves a change and, or establishment

of zoning as provided in paragraph (b) of subarticle (4) of article 28 of

official alignment or

the Act, the Authority shall follow the procedure set out in paragraph

(b) of subarticle (6) of article 28 of the Act.

The Deveopment Planning (Procedure for Minor Modifications

to Subsidiary Plans) Regulations, 2002 are hereby repealed.

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