Development Notification (Amendment) Order, 2013

L.N. 287 of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Development Notification (Amendment) Order, 2013

IN EXERCISE of the powers conferred by articles 61 and

62 of the Environment and Development Planning Act, the Prime

Minister, after consultation with the Malta Environment and

Planning Authority, has made the following Order

The title of this Order is the Development Notification

(Amendment) Order, 2013, and it shall be read and construed as

one with the Development Notification Order, 2007, hereinafter

referred to as “the principal Order”.

Paragraph (i) of subarticle (6) of article 3 of the principal

Order shall be substituted by the following

“ (i) requires or involves the formation, laying out,

material widening, expansion, extension or re-engineering of

a means of access to an existing road. This exclusion does not

apply with regard to development permitted by Class 3 and

Class 17 of Schedule I; or”

The Index to Schedule I of the principal Order shall be

amended as follows

(a) immediately after item Class 10 1(iii) thereof, there

shall be added the following

“1(iv) the reversible use of land for the parking

of

vehicles”

(b) item Class 17 shall be substituted by the following

“Class 17 Development in Malta Industrial Parks

and

Malta Enterprise Zones

(i) The construction, alteration or extension

of an industrial unit within Malta Industrial Parks and

Malta Enterprise Zones.”

(c) immediately after item Class 17 1(i), there shall be

added the following new Class

“Class 18 Development by the Armed Forces of

Malta

1. The carrying out of development by the Armed

Forces of Malta”

Class 10 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 the provisions of articles 2 and

3 of this Class, the following development listed in

paragraphs (i), (ii) and (iii) within development zone is

permitted under this Class without any notification as

established in article 5 (1). Where the site lies ODZ for

development listed under paragraphs (i), (ii) and (iii),

and within development zone for development listed

under paragraph (iv), the notification procedure as

established in article 5 (1) and (3) shall apply:”

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

substituted the following

“(i) The reversible use of land, as well as any

temporary structures required for such use, for not

more than thirty days in any one calendar year, whether

the permitted use is applied for by the same person or by

different persons, provided that the land is fully restored

to its pristine condition and any structure removed

before the expiry of such thirty-day period;”

(c) immediately after sub-paragraph (iii) thereof, there

shall be added the following new sub-paragraph

“(iv) the reversible use of land located within

the development zone, with the prior clearance of the

authority responsible for transport, for the parking

of vehicles not being heavy goods vehicles, trailers,

buses and coaches, as well as any temporary structures

required for such use where the footprint of such

temporary structures does not exceed ten square metres

and their height does not exceed three metres.

The notification required as established in article 5

(1) and (2) shall specify the period of time required for

this use.

The land shall be fully restored to its pristine

condition and any temporary structures removed before

the expiry of the permitted period, unless it is renewed.

The use of such land shall be considered as

permitted development until the temporary use,

either individually or cumulatively, does not exceed

a maximum of three years, including any renewals,

whether the permitted use is applied for by the same

person or by different persons.”

Class 17 of Schedule I of the principal Order shall be

substituted by the following

“Class 17

Development in Malta Industrial Parks and Malta Enterprise

Zones

1. The following development is permitted under this

Class subject to notification as established in subarticles (1) and

(3) of article 5 provided that it is in line with existing sanitary

regulations

(i) the construction, re-development, alteration or

extension of an industrial unit within Malta Industrial Parks

and Malta Enterprise Zones, provided that

(a) the predominant use of the industrial unit falls

within one of the industrial, storage and distribution use

Classes of the Use Classes Order, and includes any other

use which is ancillary to the predominant use;

(b) the proposed development does not result in

an industrial unit higher than fifteen metres measured

from the highest street level along the external perimeter

of the unit;

(c) the unit does not replace communal

landscaped areas or communal car parking spaces;

(d) the proposed development, including the

creation or formation of a new vehicular access or

any changes to the highway boundary, shall have the

prior approval of the Malta Industrial Parks or Malta

Enterprise, where relevant;

( e ) w h e r e n e c e s s a r y, t h e o p e r a t i o n s o f

the permitted development will be subject to an

environmental permit in accordance with Part V of the

Act;

(f) the height of the industrial unit and the

materials shall have the prior approval of the authority

responsible for Civil Aviation, where deemed relevant

by the Authority.”

Immediately after Class 17 of Schedule I to the principal

Order there shall be added the following new Class

“Class 18

Development by the Armed Forces of Malta

1. Development carried out by the Armed Forces of Malta

is permitted under this Class on land under the operational control

of the same Armed Forces of Malta, subject to the notification

procedure set out in subarticles (1) and (3) of article 5. However

such notification procedure is not required where in the opinion of

the Minister responsible for the Armed Forces, the development is

urgently required for national security reasons and the Authority

is informed accordingly. In both instances, this is subject to the

following conditions

(i) when the development is located in designated

areas or scheduled property, it shall be subject to prior

clearance by the Superintendent of Cultural Heritage and by

the competent authority responsible for the protection of the

natural environment;

(ii) the development is recommended by the

Consultative Committee on the Development by the Armed

Forces of Malta set up by the Minister to provide advice on

the acceptability or otherwise of development proposals by the

Armed Forces of Malta. If, for any reason, the Consultative

Committee is not constituted, the proposed development is

recommended by the Minister responsible for the Armed

Forces of Malta.”

€0.45