121 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti li jemendaw it-Tmien Skeda li tinsab mal-Att dwar l-Ambjent u l-Ippjanar ta’ l-Iżvilupp

L.N. 121 of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Environment and Development Planning Act (Amendment of

Eighth Schedule) (Amendment) Regulations, 2013

BY VIRTUE of the powers conferred by articles 61(2)(q) and 62

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

regulations:-

(1) The title of these regulations is the Environment and Citation and

Development Planning Act (Amendment of Eighth Schedule) coming

force.

(Amendment) Regulations, 2013, and these regulations shall be read

and construed as one with the Environment and Development L.N. 52 of 2013.

Planning Act (Amendment of Eighth Schedule) Regulations, 2013,

hereinafter referred to as the "the principal regulations".

(2) These regulations shall be deemed to have come into force

on 29th January, 2013.

For sub-regulation (2) of regulation 1 of the principal Amends

regulation 1 of

regulations, there shall be substituted the following

the principal

regulations.

"(2)

These regulations shall come into force as follows

(a) with respect to developments within

residences within areas zoned for terraced development in

the development zone specified in sub-categories (i), (ii),

(iii) and (iv) of paragraph 1 of Category B, as substituted

by regulation 2 of these regulations, these regulations shall

be deemed to have come into force on 1st August, 2012;

and

(b) with respect to all other developments in

paragraph 1 of Category B, as substituted by regulation 2

of these regulations, these regulations shall come into force

on 29th January, 2013.".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

for the first proviso to sub-category (ii) thereof,

there shall be substituted the following

"Provided that the provisions of sub-category (ii)

shall not be applicable to backyards where the remaining

distance from the back party wall is less than 1.5 metres at

any point, except where requests in terms of the

Environment and Development Planning Act, Article 91

Eighth Schedule Category B relating to any level of the

backyard was submitted prior to 29th January 2013:";

(b) for paragraph (b) of sub-category (vi) thereof, there

shall be substituted the following

"(b) structures in front and side gardens and roof

setbacks whose height does not exceed 1.25 metres above

floor level externally and which are cumulatively not

larger than 10m2 in each of these spaces;";

(c)

sub-category (vii) thereof shall be amended as

follows

(i) for the first and second paragraphs thereof,

there shall be substituted the following

"In areas zoned for terraced residential

development or for residential developments in

Category 1 Rural Settlements ODZ, the change

of use of permitted structures to residential

development and, or the creation of additional

residential units by the sub-division of a

permitted residential unit into two or more, or

by the creation of new residential unit/s

underlying existing permitted residential

development without any excess in footprint

larger than 1m in any direction. This shall be

applicable as long as any room larger than

6m 2 in the unit has an aperture fronting on an

open space. Furthermore, this shall not be

applicable to the creation of or change of use to

residential units situated at penthouse level if

this involves a change of use from washrooms,

and to residential units at basement level unless

more than 50% of the façade area of the unit is

above public road level or in cases where the

back elevation of the residence fronts on and

above an internal unroofed drive or larger open

space that cannot be developed or that has an

open outlook overlooking diminishing terrain

levels. The change of use from a permitted

residential unit (or part thereof) to a private car

garage

Provided that for cases of change of use of

a permitted structure into a residential unit, the

provisions of sub-category (vii) shall only be

applicable if contractual or other valid proof is

provided to the Authority’s satisfaction to the

effect that the change of use to a residence had

already occurred by the 29th January 2013:";

(ii) immediately after the last proviso thereof,

there shall be added the following new proviso

"Provided further that the limitations

specified in the provisions of sub-categories (i)

and (ii) are not applicable to requests which

include the provisions of sub-category (vii).";

and

(d)

sub-category (x) thereof shall be amended as

(i) for paragraph (b) thereof, there shall be

substituted the following

"(b) balcony extensions exceeding 25

centimetres of that permitted in any direction;";

and

(ii) for paragraphs (i) and (ii) to the second

proviso thereof, there shall be substituted the following

"(i) residential development within the

development zone excluding within UCAs and

Design Priority Areas;

(ii) Class 5 offices (with <75m 2 usable

officer floor-space and at ground floor level)

within the development zone excluding within

UCAs and Design Priority Areas;

(iii) for Class 4 shops, Class 5 offices,

and

residential

development,

balcony

extensions not exceeding 25 centimetres of that

permitted in any direction and solid front or

side garden walls which do not exceed 1.6

metres in height.".

€0.36