Development Notification (Amendment) Order, 2012

.............................................. B 2679

Chairman, Malta Environment

and Planning Authority

L.N. 305 of 2012

L.N.

of 2012

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Development Notification (Amendment) Order, 2012

IN EXERCISE of the powers conferred by articles 61, 62 and 63

of the Environment and Development Planning Act, the Minister for

Tourism, Culture and the Environment, after consultation with the

Malta Environment and Planning Authority, has made the following

Order:-

The title of this Order is the Development Notification Citation.

(Amendment) Order 2012, and this Order shall be read and construed

as one with the Development Notification Order, hereinafter referred S.L. 504.80

to as "the principal Order".

The Index to Schedule I of the principal Order shall be Amends the

Index to

amended as follows

Schedule I of

the principal

Order.

(a)

immediately after the words "Class 2, 3 General

Provisions" there shall be added the following

"4

Maintenance Dredging";

(b)

for the words "Class 15, 2 Placing of small tents,

tarpaulins or similar structures", there shall be substituted the

following

"2

Installation of an Awning";

(c)

for the words "Class 15, 3-4 General Provisions",

there shall be substituted the following

"3 Placing of small tents, tarpaulins, or similar

structures"; and

(d)

immediately after the words "Class 15, 3 Placing of

small tents, tarpaulins, or similar structures as included by

article 2(c) of this Order", there shall be added the following

"4

General Provisions".

Class 2 of Schedule I of the principal Order shall be

amended as follows

(a)

for paragraph 1 thereof, there shall be substituted

the following

"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, excluding development in

building which is Scheduled Property, is permitted under

this Class without any notification as established in article

5(1) and 5(3), unless otherwise specified:";

(b)

for sub-paragraph 1(i) thereof, there shall be

substituted the following

"(i) The

construction,

reconstruction,

maintenance, or demolition, of front garden walls, or walls

around gardens, or recreational areas, excluding walls

which are constructed in random dry-stone rubble walls

(sejjieg), subject that such development 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 do not apply

if the site is located ODZ, and the notification procedure

shall apply for sites located within a scheduled property, or

designated area or UCA.";

(c)

for sub-paragraph 1(iii) thereof, there shall be

substituted the following

"(iii) The construction, alteration, or

maintenance, of random dry-stone rubble

walls (sejjieg) on existing agricultural land,

or along a legally existing street, in

accordance with the Rubble Walls and Rural

Structures (Conservation and Maintenance)

Regulations, subject to the following

conditions

(a)

the wall shall not be higher

than 1.2 metres above soil level on both

sides;

(b)

in case of different levels

between terraced land, the wall shall not

be higher than 1.2 metres above the

higher soil level, and 2.4 metres above

the lower soil level;

(c)

the total demolition and

reconstruction of existing random dry-

stone rubble walls (sejjieg) is not

permitted;

(d)

for the construction of new

walls, a single access opening of not

more than 1.2m wide, with a gate

constructed in timber and not exceeding

the height of wall, is permitted;

(e)

new access openings on

existing walls are not permitted;

(f)

the construction of new

walls shall not entail the sub-division of

agriculture land.

The notification procedure in accordance

with article 5(1) and (3) is required for sites

located in Scheduled Property, or UCA, or

ODZ.";

(d)

for sub-paragraph 1(v) thereof, there shall be

substituted the following

"(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-construction, or replacement, of

buildings or structures;

(b) materially alter the character and, or

context of the building or structures, and its

surroundings.

In case of site located within Scheduled Property,

UCA, or ODZ, the notification procedure as established in

article 5(1) and (3) shall apply.";

(e)

for paragraph 2 thereof, there shall be substituted

the following

"2. Subject to article 3 of this Class, and the

applicable conditions and exceptions, the following

development, excluding building which is Scheduled

Property, is permitted under this Class without any

notification, provided that where the site lies in Scheduled

Property, designated area, UCA, or ODZ, the notification

procedure as established in article 5(1) and (3) shall

apply:"; and

(f)

immediately after paragraph 3 thereof, there shall

be added the following

"4. Dredging operation to maintain existing

navigable waterways, or vessel maneuvering areas,

hereunder referred as maintenance dredging, within port

areas, is permitted under this Class subject to notification

procedure as established in article 5(1) and (3), subject to

the following conditions

(a) the area indicated for maintenance

dredging is already subject to a full development

permit for the original dredging operations;

(b) the maintenance dredging is only

required to keep the water depth as established in

the full development permit;

(c) prior authorization from the Authority

for Transport in Malta is required;

(d) the disposal of dredging material shall

be carried out in accordance with the provisions

and regulations issued under the Act.".

Class 14 of Schedule I to the principal Order shall be

amended as follows

(a)

for sub-paragraph 1(i) thereof, there shall be

substituted the following

"(i) Where situated on a pavement, public open

space, garden, promenade, or belvedere, a passage for

pedestrian of at least 1.5 meters wide is to be left clear and

unobstructed between the area reserved for tables and

chairs and

(a)

any other group of tables and chairs;

(b)

any physical obstruction or building;

(c) any ramp, stairs, access point, or kerb

line, designed for enabling pedestrian access to, or

from a road or walkway;

(d) the outer edge of the a pavement,

promenade, or belvedere.";

(b)

for sub-paragraph 1(ii) thereof, there shall be

substituted the following

"(ii) All areas reserved for tables and chairs shall

be limited to not more than a quarter of the width of the

road, or square, or alley, in front of the establishment. In

the case of a promenade, or belvedere, the areas reserved

for tables and chairs shall be limited to half the width of

the promenade, or belvedere.";

(c)

for sub-paragraph 1(ix) thereof, there shall be

substituted the following

"(ix) The placing of tables and chairs in Valletta is

only permitted in areas located within the "Primary Town

Centre", or "Areas of Open Space", as designated in the

Grand Harbour Local Plan (2002, Figure 7), and subject to

the following conditions

(a) it shall be subject to prior authorization

by the Local Council;

(b) tables and chairs to be placed along

Triq ir-Repubblika are only permitted after 7:30

pm during the weekdays, after 1:00pm during

Saturdays, and for the whole day during Sundays

and Public holidays subject that the tables and

chairs are removed prior to 6:00am;

(x) All the provisions mentioned above shall not

apply in case where the public open space, pavement,

promenade, belvedere, is subject to an approved master

plan which includes the location for tables and chairs;

(xi) Written authorization, or clearance by the

Malta Tourism Authority, Authority for Transport in Malta,

and the Department of Public Lands shall be submitted

with all notifications relating to this Class."; and

(d)

for paragraph 2 thereof, there shall be substituted

the following

"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 direct or indirect

damage to existing historical buildings or

monuments, archaeological features including

underground shelters, or cisterns, or water

galleries, rubble walls and natural stone paving;

and

(ii) in the opinion of the Authority the

placing of tables and chairs does not adversely

affect the characteristics of the public open space

of significant historical, architectural or social

importance.".

Class 15 of Schedule I of the principal Order shall be

amended as follows

(a)

for the title "Tented Structures" thereof there shall

be substituted the title "Tented Structures and Awnings";

(b)

for the words "article 3" in paragraph 1 thereof,

there shall be substituted the words "article 4";

(c)

immediately after sub-paragraph 1(iii) thereof,

there shall be added the following new sub-paragraph

"(iv) The structure shall be made of fabric, plastic

or similar light materials.";

(d)

paragraph 4 thereof shall be deleted;

(e)

paragraphs 2 and 3 thereof shall be renumbered as

paragraphs 3 and 4 respectively; and

(f)

immediately after sub-paragraph 1(iv) thereof,

there shall be added the following new paragraph

"2.

Subject to article 4 of this Class,

the installation of an awning fixed on the

exterior of a building where its use falls into

Class 4, Class 5 or, Class 6 of the

Development Planning (Use Classes) Order,

excluding building which is Scheduled

Property, provided that where the site lies

within UCA, ODZ, designated area, or within

scheduled property, the notification procedure

established in article 5(1) and (3) applies, and

shall be subject to the following conditions

(i)

permitted within Town

Centre, Local Centre, Commercial Area,

Entertainment Priority Area, or Tourism

Zone as indicated in the respective

Local Plan or the Interim Retail

Planning Guidance (2004);

(ii)

not permitted in localities

of Mdina and Cittadella (Rabat, Gozo);

(iii)

the awning shall be

retractable and demountable. When

fully extended it shall not exceed 1.5

metres from the building alignment, but

in cases where the road width between

the commercial outlet and the opposite

building is less than 8 metres, the

awning shall not extend over more than

0.75 metres. In any case, where the

awning extends over an existing

pavement it shall be at least 0.5 metres

from the pavement edge. In case the

awning extends onto a front garden, it

shall not extend beyond the edge of the

front garden area;

(iv)

the

awning

is

only

permitted at ground floor level and shall

not be less than 2.1 metres above ground

level. The width of the awning shall not

extend beyond the width of the shop

front;

B

B 16 2686

(v)

no

advertisement

is

permitted except for the name of the

shop, and, or a logo, and, or trading

details, contact information and other

similar details. Letters shall not exceed

0.2 metres in height;

(vi)

the awning shall have a

uniform colour background. Stripped,

mini-prints or self-design is not

permitted. The material should be in

fabric and other similar light material,

but should not be glossy in appearance;

(vii) within Scheduled Property

and UCA the awnings shall be of a flat-

type as shown in Schedule III to this

Order. The skirt shall have a straight

edge.".

Immediately after Schedule II to the principal Order there

Adds new

Schedule to the

shall be added the following new Schedule

principal Order.

"SCHEDULE III

Main dimensions for Awnings in Scheduled Property and UCA".

€0.72