514 tal-2010 - Regolamenti tal-2010 dwar l-Ippjanar tal-Iżvilupp (Proċedura ta’ Applikazzjonijiet u d-Deċiżjoni Relattiva)

L.N. 514 of 2010

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Development Planning (Procedure for Applications and their

Determination) Regulations, 2010

BY VIRTUE of the powers conferred by subarticle (2) of

article 61 of the Environment and Development Planning Act, the

Prime Minister has made the following regulations

(1) The title of these regulations is the Development

Planning (Procedure for Applications and their Determination)

Regulations, 2010.

(2) These regulations shall come into force on the 1st

January, 2011

Provided that the provisions of regulation 5, sub-

regulation (2) of regulation 8, and sub-regulations (1), (2), (3),

and (9) of regulation 9 shall only apply in respect of applications

submitted on or after the 1st January, 2011

Provided further that the provisions of regulation 10

shall only apply in respect of applications the decision notification

of which has been issued on or after the 1st January, 2011.

In these regulations, unless the context otherwise

requires

“the Act” means the Environment and Development

Planning Act;

“application” shall have the meaning assigned to it in

these regulations

Provided that for the purposes of a Stop or Enforcement

Notice issued under the provisions of the Act, a request for

screening shall be construed as an application;

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

in article 2 of the Act;

“consultee” means a person, including any government

agency or authority mentioned in Schedule 3 to these

regulations, which is consulted by the Authority during the

processing of a development application, but does not include

any official of the Authority or a body or entity established

under the Act;

“drawing” means site plans, floor plans, elevations,

sections, block plans and any other method of illustrating a

proposed development;

“electronic system” means the eApplications

infrastructure of the Authority which provides a secure

interface enabling electronic communications throughout the

application process;

“material change” means

(a) a change in site configuration which affects

new land;

(b) an addition in number of floors or basements;

(c) an increase in height of the building which

would exceed the maximum height limitation in metres;

(d) an increase in density (including volume, area

or units) of more than 10%;

(e) a substantial change in the external

appearance or design;

(f) a change in the location of vehicular access

from a different street frontage;

(g) a change in the proposed use;

(h) a change in the official alignment of the

building; or

(i) a change in the position of physical

development within the site that would fall within an

area subject to different constraints;

“report” means the report prepared by the Director of

Development Planning or the Director for Environment

Protection in relation to an application for a development;

“screening” means the process during which the

proposed development is considered by the Authority and the

applicant, at the request of an applicant. The screening request

shall be made by an applicant to the Authority in accordance

with the procedures and format established by the Authority,

and which shall include

(a) an application form duly filled in and signed

by the applicant and a perit as per regulation 4(1)(b)

hereof;

(b) a site plan which is not older than twelve

months from date of submission, dimensioned drawings,

photographs of the site and its environs;

(c)

official alignments and levels as required; and

(d)

a fee as established by the Authority.

(1) No development application may be submitted

unless the applicant has requested the Authority to conduct

screening of the development proposed in the development

application. The Authority shall inform the applicant and the perit

of the date within which the screening process is to be finalised.

(2) The screening process shall be finalised within four

weeks from the submission of a request in full by the applicant

Provided that in the case of a development falling

under Schedule 1 to these regulations, the screening process may

be further extended by a period of three months from the date of

notification (within the four week period) to the applicant that the

proposed development falls under Schedule 1 to these regulations.

(3) The Authority shall notify the applicant with a

screening letter which will include all or any of the following

(a) the classification of the development in accordance

with Schedule 1 and Schedule 2 to these regulations,

or whether the proposed development is regulated by a

development order or falls under the provisions of regulation

12 hereof;

(b) whether the proposed development falls within the

types of development referred to in the Sixth Schedule to the

Act;

(c) a reference to those major issues, policies and

regulations with which the proposed development does

not conform, namely considerations relating to demolition,

land-use zoning, height limitation, constraints, environment,

enforcement, and other issues, policies and regulations

directly relating to the principle of the development;

(d) additional submissions, studies, assessments and

documentation required;

(e) consultations which will be carried out in the

processing of the eventual application;

(f) the fees and contributions which shall be payable to

the Authority before the submission of the application, on the

submission of the application, or during the processing of the

application, in accordance with the provisions of Schedule 5

to these regulations;

(g) a date within which the development application

has to be submitted in accordance with the requirements set

out in the screening letter, which date shall not be more than

three months in the case of a development which falls under

the provisions of Part A of Schedule 2 to these regulations and

not more than six months in the case of a development which

does not fall under the provisions of Schedule 1 or Part A of

Schedule 2 to these regulations.

(4) For the purposes of the provisions of article 41 of

the Act, only the items mentioned in paragraphs (b), (d) and (f) of

sub-regulation (3) hereof shall be construed as a decision of the

Authority and the applicant may lodge an appeal therefrom before

the Tribunal.

(5) The appeal shall be filed in accordance with the

provisions of the Act and the appellant shall give detailed reasons

in the written appeal to the Tribunal. The Tribunal shall appoint the

first sitting within forty-five days from submission of the appeal

and shall determine the appeal within the period established in

article 41(4) of the Act.

(6) In the case of an appeal before the Tribunal,

the terms established in accordance with the provisions of sub-

regulation (3)(g) hereof shall commence to run from the date of the

final determination of the appeal.

(1) The development application shall be submitted

within the terms established by the Authority in the screening letter

and shall consist of any updated or new documentation attached to

the screening request. It shall include

(a) all the documentation, studies, and requirements,

as set out in the screening letter;

(b) the completed application form wherein

(i) all sections of the form shall be filled in

correctly. Moreover, no section or question may be left

blank and where sections or questions are irrelevant,

they should be marked “N/A”. Where a yes or no or

similar answer is required, one of the alternatives shall

be correctly selected;

(ii) the particulars of both applicant and perit

should be fully and clearly indicated, particularly the

name, address and ID number. Contact details, as well

as perit’s or the partnership of periti warrant number, are

obligatory;

(iii) in the case of applications that are submitted

on behalf of a corporate body or by a warranted

partnership of periti, an identifiable person, duly

authorised by the company or partnership represented,

shall take responsibility for the application on behalf of

the company or partnership. Accordingly, the particulars

of the individual person are still required;

(iv) unless a perit is submitting his own personal

application, the applicant’s personal address and

telephone number shall be provided and they may not be

substituted by a repetition of the perit’s contact details.

(v) only one type of application that correctly

corresponds to the proposed development should be

selected, by ticking. Proposals that contain conflicting

details are not acceptable;

(vi) the description of development should be

clear and in detail, avoiding the use of complex and

technical terminology or unexplained acronyms. It

should include

(a) the proposed height of the development

in storeys;

(b) the overall type of development;

(c) the existing and proposed use or uses;

(d) the number and type of units (dwellings,

garages);

(e) for alterations, a concise but complete

summary of proposed works;

(f) for extensions, the location and number

of storeys;

(g) for amended permission, a

comprehensive outline of the differences between

the original and amended proposal;

(vii) the perit’s and applicant’s declarations

should be completed;

(c) a full set of drawings is required for all types of

development, except for renewal applications. Such drawings

should be clear and bold enough to enable printing without

loss of detail. All text entries contained therein should be

clearly legible without the need for magnification. Drawings

should conform to the Submission Requirements Checklist

published as a Circular to Periti;

(d) a site location plan should be submitted and

compiled as set out in the Submission Requirements

Checklist;

(e) at least three good quality colour photographs

faithfully showing the current and latest state of the site are

required as set out in the Submission Requirements Checklist;

(f)

drawings, which shall all be dimensioned, listed

with their title, date of issue and the perit’s unique reference

number. Legends and dimensions on drawings should be clear

and legible;

(g) a copy of the latest relevant permission and relevant

approved drawings for the previously approved development,

indicating the area affected by the proposed development;

(h) mandatory site-related information as set out in the

Submission Requirements Checklist;

(i) additional supplementary information required as

set out in the Submission Requirements Checklist;

(j) any fees and contributions due in relation to the

proposed development

Provided that any fees and contributions due may be

payable to the Authority before the submission of the application,

on the submission of the application, or during the processing of

the application, in accordance with the provisions of Schedule 5 to

these regulations.

(2) Reference is always to be made to the Submission

Requirements Checklist when submitting required documentation.

(3) The application shall only be considered as valid

if it is submitted as stated above, and the Authority shall establish

such date as from when it considers the application to be valid as

the validation date

Provided that if the application as submitted is not

compiled as stated above and in line with the screening letter,

the Authority shall allow a term not exceeding four weeks within

which the applicant shall comply with the above to enable the

Authority to validate the application, failing which, the application

and its accompanying documentation shall be automatically

withdrawn by the Authority.

(1) Changes in the application, drawings or documents

which do not constitute a material change may be made by the

applicant

(a) between the screening letter and the validation date

of the application;

(b) during the processing of the application

(i) in the case of a development mentioned in

Part A of Schedule 2 to these regulations, only within

four weeks from the validation date;

(ii) in the case of a development not mentioned in

Schedule 1 or Part A of Schedule 2 to these regulations,

only within sixteen weeks from the validation date;

Provided that in the opinion of the Authority such

a change does not affect consultations or does not require the

payment of additional fees payable to the Authority.

(2) Changes in the application, drawings or documents

which do not constitute a material change may be made at the

request of the Authority at any time during the processing of the

application within the time frames given by the Authority.

(3) A material change in the application, drawings or

documents is not allowed

(a) between the screening letter and the validation

date of the application, unless such a change is a result of the

screening letter;

(b) during the processing of an application for a

development mentioned in Part A of Schedule 2 to these

regulations; or

(c) after the lapse of eight weeks from the validation

date in the case of any other development

Provided that such a material change may only be

considered as valid if the applicant pays the relative fees payable

to the Authority as a result of such a change, if any, within two

weeks from the date of issue of a revised bill by the Authority as a

result of such a request by the applicant. This shall be done without

prejudice to the proviso to sub-regulation 4(3).

(4) When a material change in the application,

drawings or documents is permitted as aforesaid, the procedures set

out in sub-regulations (1) to (5) of regulation 6 of these regulations

shall apply.

(5) Any change of applicant or of the perit may only be

made through a form established by the Authority.

(1) The Authority shall cause the proposal together

with the name of the applicant to be published in the local press

and also advertised by means of a notice affixed on the site.

(2) The Authority shall be responsible to affix the

notice on site and the applicant shall be responsible to ensure that

the notice remains affixed on site for the period stipulated in the

said notice. The Authority shall also affix a notice of development

applications submitted in a locality on any notice board made

available for such purpose by the local council of such a locality.

(3) The Authority shall inform the applicant and the

perit that the notice has been affixed on site.

(4) In the case of an application for a development

mentioned in Schedule 1 to these regulations, the notice on site

shall be in a format established by the Authority and shall be

placed by the applicant in those areas specified by the Authority.

The applicant may also be requested to place additional adverts

in the local press and to hold consultations in relation to such an

application and the term for any person to declare an interest in the

said application in accordance with the provisions of the Act shall

apply for each advert.

(5) Without prejudice to the aforesaid, a copy of

any application and the relative site plan shall be served by the

Authority on the local council in whose locality the development is

being proposed to be carried out.

(6) Upon the determination of the application, the

Authority shall cause the proposal together with the name of

the applicant and a note as to whether the application has been

approved or refused to be published in the local press.

(1) Any person may declare an interest in a

development application in accordance with the provisions of

article 68(4) of the Act.

(2) Such an interest must be registered with the

Authority within twenty days from the date of publication of the

notice of an application in a local newspaper

Provided that such period may be shortened to six days

in urgent cases as may be indicated in the publication

Provided further that the Authority may extend the

aforesaid period up to thirty days in the case of an application

for a development mentioned in Schedule 1 to these regulations,

and in such case it shall give notice of such extension in the said

publication.

(3) Such an interest must be registered by means of a

written communication, in the Maltese or English language, and

must include a postal address or an electronic address, at which all

communication by the Authority or the Tribunal, as the case may

be, shall be made.

(4) For the purposes of these regulations and of

articles 41 and 68 of the Act, paragraph 11 of the First Schedule of

the Act, and paragraph 11 of the Second Schedule of the Act, any

notification or service of a decision to such an interested third party

shall be made by the Authority or the Tribunal, as the case may

be, through a letter sent by normal post to the postal address or by

means of an electronic communication to the electronic address, if

any, notified in accordance with the provisions of sub-regulation

(3) hereof.

(1) All consultees and the applicant’s perit shall

register with the Authority through the Authority’s electronic

system. All communication between the Authority and the said

consultees and the applicant’s perit, including the submission of

the screening request and the submission of the application, can

only be made through the said electronic system.

(2) The perit shall comply with a request for a change

of the drawings, including a revised development profile form, or

documents as requested by the Authority within twenty-one days

from such a request, or within the term set out by the Authority in

its request, failing which the Authority shall construe such a failure

as a refusal by the perit to comply with such a request.

(3) All consultees listed in Part B of Schedule 3 to

these regulations shall comply with a request for consultation by

the Authority, made in relation to development falling within Part

A of Schedule 2 to these regulations, within seven days from such a

request. All consultees shall comply with a request for consultation

by the Authority, made in relation to development not falling within

Part A of Schedule 2 to these regulations, within thirty days from

such a request. The Authority shall construe any failure to comply

with these timeframes as a no objection by the said consultee to the

request.

(4) The Authority shall cause a copy of the report

compiled by the Authority in relation to the proposed development

to be communicated to the perit and applicant, who shall be

allowed to make submission on the said report within twenty-one

days from the date of communication of the report to the perit.

(5) Any person who has declared an interest in the

said application as aforesaid shall be informed of the date of

completion of the report compiled by the Authority in relation to

the development on which he has made submissions and shall be

allowed to make written submissions on the said report by not later

than ten days prior to the date of the sitting of the Authority or the

Commission.

(6) Any such notification shall also include the date

of the sitting of the Authority or the Commission, as the case

may be, during which the said application shall be discussed and

determined by the Authority or the Commission.

(7) All submissions to the Authority by any person,

including consultees and the perit, shall be made within the

terms established under the Act, these regulations or as specified

in the notice requesting such submissions, and if such a person

fails to make such submissions within such terms, then, without

prejudice to the submissions that such a person may have already

made during the course of the processing of the application, this

shall be construed that such a person has no submission or further

submissions to make on the said application.

(8) Late or incorrect submissions and submissions

with erroneous reference numbers will not be considered by the

Authority or the Commission.

(1) Subject to the provisions of the Act and of these

regulations, the Authority shall appoint the sitting of the Authority

or the Commission during which the application for a development

shall be discussed and determined by the Authority or the

Commission

(a)

within fifty-two weeks from the validation date

in the case of a development which does not fall under the

provisions of Schedules 1 and 2 if such a development is

outside the development boundaries as established in a local

plan or any other plan;

(b) within twenty-six weeks from the validation date

in the case of a development which falls under the provisions

of Part B of Schedule 2 to these regulations and in the case

of any other development which does not fall under the

provisions of Schedule 1 and Schedule 2 to these regulations

if such a development is within the development boundaries

as established in a local plan or any other plan;

(c) within twelve weeks from the validation date in

the case of a development which falls under the provisions of

Part A of Schedule 2.

(2) Unless otherwise provided for in the Act or in these

regulations, the terms established in sub-regulation (1) hereof shall

not be suspended.

(3) If

(a) the Authority is required to cause the proposal

together with the name of the applicant to be republished in

the local press and also re-advertised by means of a notice

affixed on the site due to an error, then the terms established

under paragraphs (a), (b) and (c) of sub-regulation (1) hereof

shall be automatically extended by a period of four weeks;

(b) the applicant makes a material change to the

application, drawings or documents in accordance with the

provisions of sub-regulation (3) of regulation 5, then the terms

established under paragraphs (a) and (b) of sub-regulation (1)

hereof shall be automatically extended by a period of eight

weeks;

(c) within the timeframe set out in regulation 8(4),

the applicant makes a request, based on a valid reason, for

a deferral of the sitting of the Authority or the Commission

as the case may be, then the terms established under

paragraphs (a), (b) and (c) of sub-regulation (1) hereof shall

be automatically extended by a period of two weeks, and the

provisions of paragraph 11 of the First Schedule to the Act

shall apply; and

(d) the applicant contests a decision of a consultee

(under the provisions of a law regulating such a consultee and

informs the Authority in writing) or appeals the computation

of the fees being levied by the Authority before the Tribunal,

then the terms established under paragraphs (a), (b) and (c)

of sub-regulation (1) hereof, or the timeframes established

by the Authority in the screening letter shall be automatically

extended by a period equivalent to the period between the date

when the Authority is notified of such contestation or appeal

and the date when the Authority is notified of the decision of

such body or Tribunal.

(4) If the Authority or the Commission intends to

overturn the recommendation of the Directorate, the Authority or

the Commission, as the case may be, they shall request, in addition

to the requirements of the Act, the Director of Planning to update

the report on the application and to include a list of conditions, and

defer the determination of the application in accordance with the

provisions of paragraph 11 of the First Schedule to the Act, and the

perit shall be informed of the updated report prior to the date of the

deferred sitting.

(5) If the Authority or the Commission imposes the

payment of a fine, planning gain or any other contribution, or

the provision of a financial guarantee or any other requirement,

as a condition to the approval of a development application, the

applicant shall, unless otherwise instructed by the Authority or the

Commission as the case may be, affect such a payment or provide

such an assurance or document within a period of six months from

the date of notification of a notice to this effect, failing which, the

application shall be automatically deemed as dismissed.

(6) The Authority, the Commission or the Director

of Planning, as the case may be, shall be authorised to amend the

proposal of the development so as to better reflect the principle of

the development without the need to comply with the provisions of

regulation 6(1) to 6(5) of these regulations.

(7) The decision of the Authority is to be

communicated to the applicant, the perit and any person who

registered an interest in the application within fifteen days from

the date of the decision, or within fifteen days from the date of

submission by the applicant of any further information requested

by the Authority in furtherance of its decision.

(8) For the purposes of these regulations and of article

41 of the Act

(a) the service of a decision to the applicant shall

be made by the Authority through a letter sent by normal

post to the postal address of the applicant as indicated

in the application form, and by means of an electronic

communication to the perit;

(b) a copy of any approved drawings or documents

shall be served by the Authority to the applicant and the perit

by normal post to the postal address of the applicant and perit

as indicated in the application form;

(c) the service of a decision to the interested third party

shall be made in accordance with the provisions of regulation

7(4) hereof;

and the term mentioned in article 41(2) of the Act

shall commence from the date of publication of the notice

of the decision in a local newspaper in accordance with the

provisions of regulation 6(6) hereof.

(9) When the original or extended period mentioned in

sub-regulation (1) has expired, and the Authority has not appointed

the sitting of the Authority or the Commission during which the

application for a development shall be discussed and determined

by the Authority or the Commission, the applicant may request the

Chairman of the Authority by means of a registered letter that his

application be dealt with as follows

(a) on receipt of the afore-mentioned registered letter,

the Chairman of the Authority shall first establish whether

the original or extended period mentioned in sub-regulation

(1) has expired. If the Chairman of the Authority is of the

opinion that such is not the case, he shall inform the applicant

accordingly giving reasons thereof;

(b) if such period has expired, the Chairman of the

Authority shall order the Director of Planning to process the

application, to draw up the application report and to refer

same to the Chairman of the Authority within seven days

from the date of receipt, by the Chairman of the Authority, of

such a letter;

(c) when the Chairman of the Authority receives the

Director’s report, he shall comply with the provisions of

regulations 8(4), 8(5) and 8(6);

(d) if the application is not brought before the

Authority or the Commission for determination as mentioned

in paragraph (c), or if the Authority or the Commission,

as the case may be, after taking a decision fails to issue

the permission in accordance with the provisions of this

regulation, the application shall be deemed to have been

approved and the Secretary of the Authority shall forthwith

issue the relative development permission subject to such

standard conditions which are normally imposed in a

development permission and also subject to conditions which

are based on the development parameters and environmental

constraints resultant from the local plan or any other plan,

policy or regulation. In such a case the conditions of the

permission shall prevail over the drawings or documents.

(1) A reconsideration from a decision of the Authority

is only possible if

(a) the Authority or the Commission, as the case may

be, has approved an application for a development; and

(b) the request for a reconsideration is made in

relation to a condition of the decision of the Authority or

the Commission approving the said application, and which

condition is not related to the approved height or number of

floors or the use of the development.

(2) No change in the application, drawings or

documents may be allowed at reconsideration stage. The request

for reconsideration can only be made by the same perit and

applicant of the original application, unless the change of perit and

the change of applicant procedures are followed.

(3) The provisions of regulations 7(4), 8(4), 8(5), 8(6),

9(4) and 9(5) of these regulations shall apply mutatis mutandis to

the procedure to be used by the Authority or the Commission in the

processing of the request for a reconsideration.

(4) A report by the Director of Planning or the

Director of Environment Protection, in relation to the request for

reconsideration, shall be finalised within twenty-eight days from

receipt of the request for reconsideration and the Authority or the

Commission, as the case may be, shall be convened to discuss and

determine the said request within twenty-eight days from the date

of notification of the report to the perit.

(5) If an appeal has been lodged with the Tribunal

by any interested third party in accordance with the provisions

of article 41(1)(c) of the Act and the applicant submits a request

for reconsideration in accordance with the provisions of this

regulation, the procedures before the Tribunal shall be suspended

until the request for the reconsideration has been determined and

a copy of the decision has been submitted to the Tribunal by the

applicant, and any time periods established under the provisions

of article 41 of the Act in relation to the procedures before the

Tribunal shall commence from the date of receipt by the Tribunal

of the decision on the reconsideration.

(1) An Environment and Development Brief may be Environment and

made only in relation to any development mentioned in Schedule Development Brief.

1 to these regulations or if so required in a local plan or any other

plan.

(2) An application for an Environment and

Development Brief shall be made in the format established by

the Authority, and the provisions of regulation 3, regulation 4,

sub-regulations (1) to (5) of regulation 6, regulation 7, and sub-

regulations (4) and (5) of regulation 9 hereof shall, as the case

may be, apply to the application for and determination of such an

Environment and Development Brief

Provided that for the purposes of the provisions of article

41 of the Act, and in addition to the provisions of sub-regulation

(4) of regulation 3, the items mentioned in paragraph (a) of sub-

regulation (3) of regulation 3 shall be construed as a decision of the

Authority and the applicant may lodge an appeal therefrom before

the Tribunal

Provided further that, where required in a local plan or

any other plan, the formulation and approval of the Brief shall be

in accordance with the provisions of article 58 of the Act.

(3) An Environment and Development Brief shall be

valid for such a period as established by the Authority, but may, in

no case, be valid for more than two years from date of approval.

(1)

Minor amendment requests can only be

(a) submitted to amend approved drawings and

documents of development permissions; and

(b) made by the same perit and applicant of the

original application, unless the change of perit and the change

of applicant procedures are followed.

(2) Conditions of permissions cannot be amended

through the minor amendment procedure.

(3) An amendment to approved drawings and

documents shall be minor when it relates to

(a) changes which refer to development which is

otherwise permitted through the Development Notification

Order, or similar order; and

(b) amendments which satisfy all of the following

specifications

(i) do not materially alter the character and

external appearance of a site;

(ii) do not result in a development that no longer

accords with the character of the surrounding area;

(iii) do not significantly alter the overall form or

nature of the development;

(iv) do not involve a change of use or change the

scale of the development;

(v) do not affect the substance or overall form of

a landscaping scheme;

(vi) do not require additional car parking on

site, or which would lead to a shortfall in car parking

provision on site; and

(vii) do not increase the number of parking

spaces on site.

(4)

Requests for minor amendments are to be

submitted through the electronic system, provided that

(a) the minor amendment application form is used and

duly filled in;

(b)

the permission has not expired and it is still valid;

and

(c) the development is not listed in the Sixth Schedule

to the Act.

(5) The minor amendment application shall include

(a) amended drawings and documents;

(b)

the correct fee due; and

(c) any revision or update of any approved documents,

where applicable.

(6) Each drawing must indicate clearly all the proposed

changes in conventional colours. The colour coding needs to be

indicated on the same drawing. The same number and format of

drawings (including positioning of floor plans, elevations, sections

on drawings) shall be retained.

(7) Amendments to approved documents may arise

from the proposed minor amendments, such as amendments to

Fire Safety and Ventilation Reports, Accessibility Audit Reports,

Restoration Method Statements, or conditions set out by other

Authorities or Government Departments. In such cases, clearance

should be sought prior to the submission of the minor amendment

application and a copy of such clearance or any updated report,

as necessary, shall be attached to the minor amendment request

together with the proposed drawings endorsed by the competent

persons or authorities accordingly.

(8) Amendments to the approved drawings and

documents could be considered through the minor amendment

procedure provided that the changes

(a) are minor in accordance with the provisions of sub-

regulation (3) hereof;

(b)

can all be shown in conventional colours on the

same drawing;

(c) do not give rise to new material planning

considerations;

(d) do not constitute a material change from the

previously approved drawings;

(e) do not affect the way in which the material

considerations raised by the development had originally been

assessed or addressed;

(f) do not refer to other parts or areas of a building

or site which were previously not affected by development

approved through the permission;

(g)

do not conflict with any current legislation or

policy;

(h) do not include any development which is not

covered by an approved policy;

(i) do not conflict with any condition of the

permission;

(j) do not conflict with a decision taken by the

Authority or Commission, even if this is not a condition of

the permission;

(k) do not result in an increase of non-residential

floorspace as previously approved;

(l) do not require the payment of additional fees;

(m) do not extend beyond the site boundaries as

defined on the approved site plan and drawings; and

(n) do not affect the objections raised during the public

consultation period.

(9) The Development Notification Order (or a similar

order) procedure cannot be used to amend a valid permission. The

minor amendment procedure must be followed in such instances.

(10)

Interested third parties who had complied with

the provisions of regulation 7 of these regulations in the original

application, shall be notified, in accordance with the provisions of

regulation 7, of the submission of a request for minor amendments.

Only such parties shall be allowed to submit further representations

in writing, provided that these representations are received by the

Authority within a period specified by the Authority and, in any

case, not later than fourteen days from the receipt of the minor

amendment request. The minor amendment assessment shall take

into account any valid representations received.

(11) Requests for minor amendments are to be dealt

with as expeditiously as possible and the Authority shall issue a

written decision within twenty-eight days from the receipt of the

request, without any extensions of time. Any requests for minor

amendments which do not conform to any of the above sub-

regulations hereof shall be refused by the Authority, provided

that the Authority clearly specifies the reasons for refusing such

requests. There shall be no refund of the fees paid, whatever the

circumstance.

(12) In approving minor amendments, the Authority

may include additional conditions, provided that these conditions

relate only to the minor amendments being approved and not to

the other development already approved in the original permission,

unless rendered necessary by the implications of the amendments

on the overall development. The conditions of the original

permission always remain valid and the development, as amended,

is still subject to these conditions. The validity of the minor

amendment approval expires with the validity of the permission.

(13) There shall be no right of reconsideration, appeal,

or third party appeal from a decision on a minor amendment

request. Where the request cannot be considered through the

minor amendment procedure or where the proposed changes are

significant, an amended or a full development application should

be submitted.

The terms established in these regulations shall be

suspended only during such period when the Authority’s offices

are closed as specified in Schedule 4 to these regulations. No

submissions will be accepted during this period.

(1) Without prejudice to article 70 and the Sixth

Schedule to the Act, when existing development on a site is

wholly or partly illegal, the Authority shall refuse a development

application relating to new development on that site, unless the

illegal development is included for sanctioning and the illegal

development complies with current policies.

Provided that for the purposes of this regulation, a

development falling under Category B of the Eight Schedule of the

Act shall not be construed as illegal development.

(2) The illegal development may either be regularised

through a specific development application solely for that

purpose or through a development application which includes

the sanctioning of illegal development as well as proposed new

development.

(3) Where sanctioning of illegal development is being

requested in a development application, the proposal description

and the drawings shall clearly indicate the development which is

to be sanctioned so as to ensure that the unauthorised development

forms part of the development application.

(4) The proposal description of a development

application and the drawings submitted shall not propose the

removal of illegal development from the site. The development

application shall include only illegal development which is

proposed to be sanctioned.

(5) Any illegal development which is not indicated for

sanctioning in a development application shall be removed prior to

the submission of the development application or, without prejudice

to regulation 14(4), prior to the issue of a development permission,

provided that where the application is determined by the

Authority, the Commission, or the Tribunal subject to the removal

of the illegal development prior to the issue of the development

permission, the period by which the applicant is required to comply

with this requirement shall not exceed six months, failing which,

the application shall be automatically deemed as dismissed by the

Authority, the Commission or the Tribunal, as the case may be.

The Authority, the Commission and the Tribunal shall not impose

a bank guarantee or a condition requiring the removal of illegal

development subsequent to the issue of a development permission.

(6) Where parts of a site or building are illegal,

permission for new development elsewhere on the site or building

shall not be refused solely because there are illegalities on the site

or building subject to all of the following

a)

the application does not include the illegal parts;

and

b) granting permission for the new development will

not physically prevent, hinder or make difficult enforcement

action, either removal or rectification, against the illegal parts;

and

c) the applicant has no control, whether directly

or indirectly, over the illegal parts or the applicant was not

involved directly or indirectly in the illegal development.

Schedule 1: Types of applications

(a) Projects which require or may require

•

an Environment Impact Assessment

•

an Appropriate Assessment

•

a Traffic Impact Statement, or

•

any specialist environmental or technical assessment or report;

(b) development which is subject of a Development Brief, Action Plan or

Subject Plan, or falling within an area identified in a Local Plan as requiring a brief

or a comprehensive scheme;

(c) development which, in the opinion of the Authority, is a development of

national importance;

(d)

development with a site area larger than 5,000m²;

(e) development which is regulated by a specific policy which allows the

increase in the height limitation established in a local plan;

(f)

residential development with more than 40 residential units;

(g) new hotel or tourist accommodation projects (or extensions) with a site

area larger than 500m²;

(h) new commercial development (or extensions) with a gross floorspace

larger than 750m²;

(i) new sports or entertainment projects (or extensions) with a gross

floorspace larger than 500m²;

(j)

new hospitals (or extensions) with a gross floorspace larger than 500m²;

(k)

new schools (or extensions) with a gross floorspace larger than 500m²;

(l) industrial or warehousing development located within an approved

industrial estate and with a gross floorspace larger than 1,000m²;

(m) industrial or warehousing development not located within an approved

industrial estate and with a gross floorspace larger than 500m²;

(n)

new waste management projects; or

(o)

national infrastructure projects.

B

Schedule 2: Types of applications

A. Development proposed to be carried out within the limits of the

development zone established in a local plan or other plan, subject to both (a) and

(a) All the following apply

(i) development not within an Urban Conservation Area or Design

Priority Area as established in a local plan or any other plan;

(ii) development not on scheduled buildings and not within

scheduled areas or Special Areas of Conservation;

(iii) development not falling within a special constraint area as

established by the Authority, including Civil Aviation Public Safety

Zones, water galleries and major utility infrastructure;

(iv) development not falling within Residential Priority Areas,

including villa and bungalow zones, as established in a local plan or any

other plan;

(v) development not within an industrial zone;

(vi) development which does not qualify as an internal

development;

(vii) development not requiring a specialised assessment as

required by the Authority, or technical assessment, such as a fire safety

and ventilation report, noise report or restoration method statement;

(viii) development with a site area smaller than 1,000m²;

(ix) development not involving the demolition of building

structures which are indicated on the 1968 survey sheets or 1957 aerial

photos; and

(x) development not abutting onto a schemed stairway.

(b) Any of the following apply

(i) new residential development or alterations or extensions with

less than 20 units;

(ii) new garages or extensions to garages with less than 25 parking

spaces;

(iii) new hotel and tourist accommodation projects and extensions

with a gross floorspace smaller than 100m²;

(iv) new commercial development or extensions or alterations

with a gross floorspace less than 250m²;

(v) new sports or entertainment projects and extensions or

alterations with gross floorspace smaller than 100m²;

(vi) new hospitals, clinics, old people’s homes, and child care

facilities and extensions or alterations with a gross floorspace smaller

than 100m²;

(vii) new schools and extensions with a gross floorspace smaller

than 100m²; or

(viii) new or alterations to shopfronts, billboards or signs.

B. The following development proposed to be located outside the limits of

the development zone established in a local plan or other plan, subject to both (a)

and (b) below

(a) All the following apply

(i) development not on scheduled buildings, scheduled areas,

Special Areas of Conservation, or a special constraint area as established

by the Authority, including Civil Aviation Public Safety Zones, water

galleries, springs and major utility infrastructure;

(ii) non-marine development or development not affecting the

seabed or the shore; and

(iii) development not requiring a specialized assessment as

required by the Authority, or technical assessment, such as a fire safety

and ventilation report or noise report.

(b) Any of the following apply

(i) residential development within Category 1 or 2 ODZ

Settlements with a gross floorspace not larger than 200m²;

(ii) buildings or structures with a gross floorspace not larger than

100m² in area; or

B

(iii) change of use with a site area not larger than 150m².

Any development not specified in the criteria A(b) and B(b) listed in this

Schedule shall not qualify under this Schedule.

Schedule 3: Consultees

A External consultees

(1) Any regulatory authority established under any Law;

(2) Superintendent of Cultural Heritage.

External consultees with representative office at the Authority

(1) Enemalta Corporation;

(2) Kummissjoni Nazzjonali Persuni b’Diżabilità;

(3) Sanitary Engineering Officer.

B

Schedule 4: Shut Down Period

The offices of the Authority shall be closed between 23rd December of any

year and 1st January of the following year, both days included.

B

Schedule 5: Staggering of payments

(1) In the case of an application for a development listed in Schedule 1, the

Authority may, in the screening letter issued in accordance with the provisions of

regulation 3(3) hereof, request the applicant to pay up to 50% of the Development

Permit Fee between the date of issue of the screening letter and the date of

validation of the application.

(2) In the case of an application where the fees payable to the Authority are

in excess of one hundred thousand euro (€100,000), the Authority shall validate

the application if the applicant specifically notifies in writing that only the full

amount of both the Development Permit Fee and Environmental Fee, and 10%

of the Infrastructure Services Contribution are being paid with the submission

of the application. The remaining balance of 90% of the Infrastructure Services

Contribution shall be payable by the applicant upon the determination of the

application but prior to the issue of the development permission, and the provisions

of regulation 9(5) hereof shall apply.

€2.70