Development Planning (Procedure for Applications and their Determination)

VERŻJONI

ELETTRONIKA

Chairman, Malta

Prime Minister

Minister for Sustainable

Environment and Planning

Development, the

Environment and Climate

Change

L.N. 158 of 2013

of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Development Planning (Procedure for Applications and their Determination)

(Amendment ) Regulations, 2013

IN EXERCISE of the powers conferred by articles 60 and 61 of the

Environment and Development Planning Act, the Parliamentary Secretary

for Planning and Simplification of Administrative Processes and the

Minister for Sustainable Development, the Environment and Climate

Change, after consultation with the Malta Environment and Planning

Authority have made the following regulations:-

(1) The title of these regulations is the Development Planning

(Procedure for Applications and their Determination) (Amendment)

Regulations, 2013, and these regulations shall be read and construed as one

with the Development Planning (Procedure for Applications and their

2010. Determination) Regulations, 2010, hereinafter referred to as “the principal

regulations”.

(2) (a) The provisions of regulations 2 (a) and 4 of these regulations

shall apply to any development permission granted on or after 3 rd August,

2006. (b) The provisions of regulations 2 (b) and 3 shall apply to any

pending applications.

In regulation 2 of the principal regulations

(a) there shall be inserted the following new definition after the

definition “material change”

“ “ outline development permission” means a permission issued after

the submission of an outline application, in which one or more of the

specified matters are reserved for further submission and approval;”

“outline development permission”

(b) there shall be inserted the following new definition after the

new definition “outline development permission”

“ “Parliamentary Secretary” means the Parliamentary Secretary for

Planning and Simplification of Administrative Processes;”

Regulation 9 of the principle regulations shall be amended by

substituting sub-regulation (2) thereof with the following new sub-

regulation

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

regulations, and except as provided for in the procedure mentioned in

paragraphs (b), (c) and (d) of this sub-regulation, the terms established in

sub-regulation (1) hereof shall not be suspended,

(b)

(b) Whenever the Parliamentary Secretary communicates to the

Authority that a particular policy is being revised, the perit and applicant

of any application, which in the opinion of the Authority, may be

affected by such a policy, shall be notified of the pending revision of

such policy.

(c)

(c) The Authority shall suspend an application as provided in

paragraph (d) of this sub-regulation, on the request of a perit or applicant

who are notified in terms of paragraph (b) of this sub-regulation, after the

perit or applicant receive the report mentioned in sub-regulation (4) of

regulation 8.

(d)

(d) The suspension mentioned in paragraph (c) of this sub-

regulation shall remain in force until the policy to be revised comes into

force or unless the perit or applicant withdraws the request for

suspension. Such suspension shall however in no case be extended for a

period of more than one calendar year.”

Immediately after regulation 14 thereof of the principle regulations,

there shall be added the following new regulation

Any development permission, other than an outline development

permission, that was approved on or after 3 rd August, 2006, which has

expired before the coming into force of these regulations or which would

2014. have otherwise expired before 31 st March, 2014, shall be automatically

operative until 31 st March, 2014.”.

€0.18