Determination)

L.N. 116 of 2012

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Development Planning (Procedure for Applications and their

Determination)

(Amendment) Regulations, 2012

IN EXERCISE of the powers conferred by article 61 of the

Environment and Development Planning Act, the Minister for

Tourism, Culture and the Environment, after having consulted

the Malta Environment and Planning Authority, has made the

following regulations:-

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

Planning (Procedure for Applications and their Determination)

(Amendment) Regulations, 2012, and they shall be read and

construed as one with the Development Planning (Procedure

for Applications and their Determination) Regulations, 2010, L.N. 514 of 2010.

hereinafter referred to as “the principal regulations”.

(2) The provisions of regulation 15 of these regulations

shall apply to any screening letter issued on or after 16th April

2012, and the provisions of regulation16 of these regulations shall

apply to any bill issued on or after 16th April 2012 .

For the definition “screening” in regulation 2 of the

principal regulations, there shall be substituted the following

“ “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 guidelines issued from time to time by the Authority,

including a fee as established by the Authority.”.

In paragraph (g) of sub-regulation (3) of regulation Amends regulation

3 of the principal regulations, for the words “Part A of Schedule 3 regulations.

2” wherever they occur, there shall be substituted the words “of

Schedule 2”.

Sub-regulation (1) of regulation 4 of the principal

regulations shall be amended as follows

(a) sub-paragraph (iv) of paragraph (b) thereof shall

be deleted, and sub-paragraphs (v), (vi) and (vii) shall be

renumbered as sub-paragraphs (iv), (v) and (vi) respectively;

(b) for paragraph (f) thereof, there shall be substituted

the following

“(f) drawings in accordance with the Submission

Requirements Checklist, listed with their title, date of

issue and the perit’s unique reference number. Legends

and dimensions on drawings shall be clear and legible;”;

(c)

paragraph (g) thereof shall be deleted; and

(d) paragraphs (h) to (j) shall be renumbered as

paragraphs (g) to (i) respectively.

Regulation 5 of the principal regulations shall be

amended as follows

(a) in sub-paragraphs (i) and (ii) of paragraph (b) of

sub-regulation (1) thereof, the words “Part A of” wherever

they occur, shall be deleted;

(b) for the proviso to sub-regulation (1) thereof there

shall be substituted the following

“Provided that in the opinion of the Authority such

a change does not affect consultations, and in the case

of paragraph (b) does also not require the payment of

additional fees payable to the Authority.”;

(c) in paragraph (b) of sub-regulation (3)

thereof, the words “Part A of” shall be deleted; and

(d) for the proviso to sub-regulation (3) thereof,

there shall be substituted the following

“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 and such a request is accompanied by

any studies, reports or documentation that are deemed

necessary by the Authority for the processing of the

application. This shall be done without prejudice to the

proviso to regulation 4(3).”.

In sub-regulation (4) of regulation 6 of the principal

regulations, for the words “mentioned in Schedule 1” there shall be

substituted the words “not mentioned in Schedule 2”.

In the second proviso to sub-regulation (2) of regulation 7 Amends regulation

of the principal regulations, for the words “mentioned in Schedule 2” regulations.

there shall be substituted the words “not mentioned in Schedule 2”.

In sub-regulation (3) of regulation 8 of the principal

regulations, the words “Part A of” wherever they occur, shall be

Regulation 9 of the principal regulations shall be

amended as follows

(a) for paragraphs (a) and (b) of sub-regulation (1)

thereof, there shall be substituted the following

“(a) within twenty-six weeks from the validation

date in the case of a development which does not fall

under the provisions of Schedule 2 to these regulations;

(b) within twelve weeks from the validation

date in the case of a development which falls under the

provisions of Schedule 2 to these regulations.”.

(b)

paragraph (c) of sub-regulation (1) thereof shall be

deleted;

(c) sub-regulation (5) thereof shall be deleted; and

(d) sub-regulations (6), (7), (8) and (9) thereof shall

be re-numbered as sub-regulations (5), (6), (7) and (8)

respectively.

Immediately after paragraph (b) of sub-regulation (1)

of regulation 10 of the principal regulations, there shall be added

the following new paragraph

“(c) the request for reconsideration is made on the prescribed

form and is accompanied by the required fee.”.

For sub-regulation (1) of regulation 11 of the principal

regulations, there shall be substituted the following

“(1) An Environment and Development Brief may

not be made in relation to any development mentioned in

Schedule 2 to these regulations unless so required in a local

plan or any other plan.”.

Regulation 12 of the principal regulations shall be

amended as follows

(a) for paragraph (a) of sub-regulation (3) thereof,

there shall be substituted the following

“(a) changes which refer to development which

is otherwise permitted through the Development

Notification Order, or similar order; or”;

(b) for sub-regulation (6) thereof, there shall be

substituted the following

“(6) Each drawing shall clearly indicate 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.”; and

(c) for sub-regulation (8) thereof there shall be

substituted the following

“(8) Amendments to the approved drawings

and documents could be considered through the minor

amendment procedure provided that the changes

(a) are permitted through the Development Notification

Order, or similar order; or

(b)

satisfy all of the following

(i) are minor in accordance with the provisions of

sub-regulation (3) hereof;

(ii) can all be shown in conventional colours on

the same drawing;

(iii) do not give rise to new material planning

considerations;

(iv) do not constitute a material change from the

previously approved drawings;

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

consideration raised by the development had originally

been assessed or addressed;

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

building or site which were previously not affected by

development approved through the permission;

(vii)

do not conflict with any current legislation

or policy;

(viii) do not include any development which is

not covered by an approved policy;

(ix) do not conflict with any condition of the

permission;

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

Authority or Commission, even if this is not a condition

of the permission;

(xi) do not extend beyond the site boundaries as

defined on the approved site plan and drawings; and

(xii) do not affect the objections raised during the

public consultation period.”.

For regulation 13 of the principal regulations there

shall be substituted the following

13. The terms established in these regulations

“Suspension of

shall be suspended only during such period when the

Authority’s offices are closed as specified in Schedule 4

to these regulations.”.

Regulation 14 of the principal regulations shall be

amended as follows

(a) for the marginal note thereof, there shall be

substituted the following

“Dealing with illegalities and other developments

on site during the processing of an application.”;

(b) for sub-regulation (5) thereof there shall be

substituted the following

“(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, such illegal development shall be removed

within six months or within a period specified by the

Authority, the Commission, or the Tribunal, failing

which, the application shall be automatically deemed

as dismissed by the Authority, the Commission, or the

Tribunal, as the case may be.”;

(c) immediately after sub-regulation (6) thereof, there

shall be added the following new sub-regulation

“(7). Without prejudice to the foregoing, during the

processing of an application the Authority, the Commission

and the Tribunal shall have the power to order the removal of

existing development not covered by a development permit.”.

For Schedules 1 and 2 to the principal regulations,

there shall be substituted the following

“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 with a site area larger than

5,000m²;

(d) development which is regulated by a specific

policy which allows the increase in the height limitation

established in a local plan;

(e) residential development with more than 49

residential units;

(f) new non-residential development (or change

of use) with a gross floorspace larger than 1,000m²; or

(g) extensions to new non-residential

development with a gross floorspace larger than

1,000m².

Schedule 2: Types of applications

Development subject to both (A) and (B) below

A.

All the following apply

(i) development not on scheduled

buildings and not within scheduled areas or

where the protection status of the building or

area is still being proposed;

(ii) 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;

(iii) development not involving new

development and re-development falling

within Residential Priority Areas, including

villa and bungalow zones, as established in a

local plan or any other plan;

(iv) development covering an area

smaller than 1,000m²;

(v) development not involving the

demolition of building structures which are

indicated on the 1968 survey sheets or 1957

aerial photos.

B.

Any of the following apply

a. within the limits of the development

zone established in a local plan or other plan

(i) new residential development

or alterations or extensions with less

than 29 units;

(ii) new non-residential

development (or alterations or change of

use) with a gross floorspace smaller than

250m²;

(iii)

extensions to non-residential

development with a gross floorspace

smaller than 250m²; or

(iv) new or alterations to

shopfronts, billboards, signs, or

telecommunications antennae.

b. outside the limits of the development

zone established in a local plan or other plan

(i) development falling within

designated settlements as established in

a local plan or any other plan; or

(ii) buildings, structures or

change of use with a gross floorspace

not larger than 150m² in area.

Any development not specified in the

criteria B listed in this Schedule shall not

qualify under this Schedule.”.

Schedule 5 to the principal regulations shall be

amended as follows

(a) for paragraph (2) thereof, there shall be substituted

the following

“(2) In the case of an application where the fees

payable to the Authority are in excess of ten thousand

euro (€10,000), the Authority shall validate the

application if 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.”; and

(b) immediately after paragraph (2) thereof, there shall

be added the following

“(3) 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 may, in

accordance with guidelines issued from time to time by

the Authority, enter into an agreement with the applicant

to regulate the method of payment of such fees.”.

€0.90