317 tal-2011

L.N. 317 of 2011

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Development Notification (Amendment) Order, 2011

BY VIRTUE of the powers conferred by article 63 of

the Environment and Development Planning Act, the Malta

Environment and Planning Authority has made the following

Order

The title of this Order is the Development Notification

(Amendment) Order, 2011, and it shall be read and construed as

one with the Development Notification Order, 2007, hereinafter

referred to as “the principal Order”.

In sub-article (1) of article 2 of the principal Order,

immediately after the definition “scheme for traffic management”

there shall be added the following new definition

“ “temporary” means any non-permanent structure or

use lasting for a limited time and which does not involve

any non-reversible intervention, provided that, where the

notification procedure as established in articles 5(1) and 5(3)

applies, the commencement date and the expiry date shall be

stated in the applicant’s request and the written confirmation

by the Authority, and provided further that the limited time

is not automatically renewed annually nor extended in

perpetuity;”.

For paragraph (iii) of sub-article (6) of article 3 of the

principal Order there shall be substituted the following

“(iii) requires an environmental impact assessment, an

appropriate assessment, a traffic impact statement, or any

other assessment or report required by the Act or any other

legislation;”.

The Index to Schedule I of the principal Order shall be

amended as follows

(a) item 1(vii) in Class 1 thereof, shall be renumbered

as item 1(viii) and immediately after item 1(vi), there shall be

added the following new item

“1(vii) Secondary storages of fuel (low capacity

reserve)”;

(b) immediately after item (Class 1) 2(ix) thereof,

there shall be added the following new item

“2(x) Secondary storages of fuel”;

(c) immediately after item (Class 4) 1(1)(iv) thereof,

there shall be added the following new item

“1(1)(v) Monuments and art installations”;

(d) immediately after item (Class 8) 2(iv) thereof,

there shall be added the following new item

“2(v) Clearing of valleys”;

(e) in item (Class 10) 1 thereof, for the words “1

Reversible use of land, as well as any temporary structure

required for such use”, there shall be substituted the

following

“1(i) Temporary reversible use of land

1(ii) Placing of caravan or camp”;

(f) immediately after item (Class 15) 3-4 thereof, there

shall be added the following new Class

“Class 16 Beach management facilities

1(i) Hiring of beach furniture

1(ii) Mobile installations

1(iii) Changes to permitted structures

2 General provisions”.

Class 1 of Schedule I to the principal Order shall be

amended as follows

(a) sub-paragraph 1(vii) in Class 1 thereof shall be

renumbered as sub-paragraph 1(viii) and immediately after

sub-paragraph 1(vi) there shall be added the following

“1(vii) The installation of secondary storages of

petrol with a total capacity of less than 60 litres, or the

installation of secondary storages of kerosene, diesel,

fuel oil and gas oil with a total capacity of less than 300

litres

Provided that the site is located within the

approved structures of

(a) a licensed operational animal farm;

(b) a hotel or tourist accommodation project

with a site area larger than 500m²;

(c) industrial or warehousing development

located within an approved industrial estate; or

(d) industrial or warehousing development

not located within an approved industrial estate and

with a site area larger than 500m²

Provided further that

(a) where the development lies within

scheduled property, in designated areas, in UCAs

or ODZ, the installation shall not be located on the

roof of buildings or structures; and

(b) the installation is subject to clearance

from the Malta Resources Authority.”;

(b) immediately after sub-paragraph 2(ix) of article

2 thereof, there shall be added the following new sub-

paragraph

“2(x) The installation of secondary storages of

petrol with a total capacity of more than 60 litres but less

than 300 litres, or the installation of secondary storages

of kerosene, diesel, fuel oil and gas oil with a total

capacity of more than 300 litres but less than 3000 litres

Provided that the site is located within the approved

structures of

(a)

an operational animal farm;

(b) a hotel or tourist accommodation project with

a site area larger than 500m²;

(c) industrial or warehousing development

located within an approved industrial estate; or

(d) industrial or warehousing development not

located within an approved industrial estate and with a

site area larger than 500m²

Provided further that

(a) where the development lies within scheduled

property, in designated areas, in UCAs or ODZ, the

installation shall not be located on the roof of buildings

or structures; and

(b) prior written authorisation from the Malta

Resources Authority is submitted, by the applicant to the

Authority, as part of the notification procedure.”; and

(c) in article 6 thereof, the definition “building” shall

be deleted.

Immediately after paragraph (iv) of article 2 of Class

3 of Schedule I to the principal Order, there shall be added the

following new sub-paragraph

“(v) it is subject to prior written authorisation by

Transport Malta.”.

Class 4 of Schedule I to the principal Order shall be

amended as follows

(a) in sub-article 1(1) thereof, immediately before “in

UCA”, there shall be added “in ODZ, or on the natural coast,

or”; and

(b) in sub-article 1(1), immediately after sub-paragraph

(iv) thereof, there shall be added the following new sub-

paragraph

“(v) The erection, construction, or installation of

monuments and art installations within public open

spaces, excluding dismantling or relocation, provided

that where the highway boundary or a pavement are

affected, the development is subject to prior written

authorisation by Transport Malta, provided further that

the notification procedure as established in articles 5(1)

and 5(3) shall apply.”.

Class 8 of Schedule I to the principal Order shall be

amended as follows

(a) in article 2 thereof, the words “and the provisions

of article 5(5) of this Order shall not apply,” shall be deleted;

(b) in article 2 thereof, immediately after sub-

paragraph (iv), there shall be added the following new sub-

paragraph

“(v) The clearing of valleys from accumulated

sediment, provided that

(a) the development is limited to the

removal of accumulated debris only and no other

form of development is carried out;

(b) the notification is to be accompanied

by a method statement, or any other assessment or

report as required by the Authority, subject to the

Authority’s approval;

(c) the Authority may add any conditions to

the authorisation; and

(d) no intervention shall commence prior

to the issue of the written confirmation by the

Authority.”.

For Class 10 of Schedule I to the principal Order there

shall be substituted the following

“CLASS 10

Temporary use of land

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

Class, the following development is permitted under this Class

in all areas without any notification as established in article

5(1), provided that where the site lies ODZ, the notification

procedure as established in 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 days, provided that the land is fully restored

to its pristine condition and any structure removed

before the expiry of such thirty-day period;

(ii) The reversible use of land, by Government

entities, Local Councils and other public entities

appointed thereby, for the temporary placing and use of

a caravan or a camp as well as any temporary structures

required for such use during the period between 1st June

and 30th September, provided that the land used is fully

restored to its pristine condition and any structure is

removed before the expiry of such period.

2. Notwithstanding the provisions of article 1 of

this Class, the use of land is not permitted if such use is

for a caravan site or for camping, other than as provided in

paragraph (ii) of article 1 hereof, or 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 articles 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,

archaeological or natural features including underground

shelters, cisterns or water galleries, rubble walls and

natural stone paving;

(c) waste collection, waste disposal facilities, and

any necessary mobile sanitary facilities, as required

by law and which do not involve any non-reversible

interventions, are available on site prior to the

commencement of use; and

(d) the land shall not be occupied until the

Authority confirms, in writing, that the development

is permitted subject to any conditions which may be

contained in such written confirmation.”.

Immediately after Class 15 thereof, there shall be added

the following new Class

“CLASS 16

Beach management facilities

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

the following development is permitted under this Class in all

areas, subject to the notification procedure set out in articles

5(1) and 5(3)

(i) The temporary use of land for the hiring of

beach furniture provided that

(a) the land to be occupied as the fixed point

for hiring of beach furniture shall not exceed an

area of 9m²;

(b) no structures, whether permanent or

temporary, are to be placed or erected on the site;

(c) the land shall be fully restored to its

original state between sunset and sunrise; and

(d) no land, on which the beach furniture

is placed or erected, is occupied, designated, or in

any manner delineated for the exclusive use of an

operator.

(ii) The temporary use of land for the erection,

placing and installation of structures required in relation

to mobile sanitary facilities and life saving management

practices on beaches, provided that the notification is

submitted by a Government entity, a Local Council, any

other public entity appointed thereby, or a registered

institution versed in civil protection.

(iii) Changes to the external appearance and

materials of existing kiosks provided that

(a) the kiosk is an existing legal

structure covered by the relevant permission or

authorisation;

(b) the approved footprint, layout, and

height of the kiosk are not altered; and

(c) the original conditions of the permission

are to remain in force.

2. Notwithstanding anything contained in the

provisions of article 1 of this Class, the development

described therein shall only be permitted if

(a) the site is located on a designated beach as

determined by the Malta Tourism Authority;

(b) specific written authorisation by the Malta

Tourism Authority is submitted, by the applicant to the

Authority, as part of the notification procedure; and

(c) the land shall not be occupied and no

development shall commence until the Authority

confirms, in writing, that the development is permitted

subject to any conditions which may be contained in

such written confirmation.”.

€0.72