Development Notification (Amendment No. 2) Order, 2014

Chairman, Malta Environment Parliamentary Secretary for

and Planning Authority

Planning and Simplification of

Administrative Processes

L.N. 248 of 2014

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Development Notification (Amendment No. 2) Order, 2014

IN EXERCISE of the powers conferred by article 63 of the

Environment and Development Planning Act, the Minister for

Sustainable Development, the Environment and Climate Change and

the Parliamentary Secretary for Planning and Simplification of

Administrative Processes, after consultation with the Malta

Environment and Planning Authority, have made the following

The title of this Order is the Development Notification

(Amendment No. 2) Order, 2014, and this Order shall be read and

construed as one with the Development Notification Order,

hereinafter referred to as "the principal Order".

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), (iii) and (iv) within development zone is permitted

under this Class subject to the submission before the

Authority of a formal written request by the person

intending to carry out the relative development which must

indicate the specific site to be used for the relative

development and the specific period of the calendar year in

which such development shall be carried out. Where the

site lies ODZ for development listed under paragraphs (i),

(ii), (iii) and (iv), and within development zone for

development listed under paragraph (v), the notification

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

apply:";

(b)

for sub-paragraph (i) of paragraph 1 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 requested or applied for by the same

person or by different persons, provided that the proposed

use does not have any negative impacts on the relative site

and its surroundings and the land is fully restored to its

pristine condition and any structure removed within ten

days from the expiry of such thirty-day period;";

development listed under paragraph (v), the notification

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

apply:";

(b)

for sub-paragraph (i) of paragraph 1 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 requested or applied for by the same

person or by different persons, provided that the proposed

use does not have any negative impacts on the relative site

and its surroundings and the land is fully restored to its

pristine condition and any structure removed within ten

days from the expiry of such thirty-day period;";

(c)

sub-paragraph (iv) of paragraph 1 thereof shall be

renumbered as sub-paragraph (v);

(d)

sub-paragraph (iii) of paragraph 1 thereof shall be

renumbered as sub-paragraph (iv), and shall be substituted by

the following

"(iv) The reversible use of land by Government

entities, Local Councils and other public entities appointed

thereby, for the temporary use of land for cultural and

social purposes as well as any temporary structures

required for such use for not more than four calendar

months yearly, provided that the land used is fully restored

to its pristine condition and any structures are removed

within ten days from the expiry of such period, except for

sites located in scheduled property;";

(e)

sub-paragraph (ii) of paragraph 1 thereof shall be

renumbered as sub-paragraph (iii);

(f)

immediately after sub-paragraph (i) of paragraph 1

thereof, there shall be added the following

"(ii) For any land located within a distance of 100

meters from the same land originally permitted for a

specific temporary use in terms of sub-paragraph (i), the

Authority shall have the discretion to extend the thirty (30)

day period for the same or similar use as originally

permitted upon the receipt of a formal written request for

such extension to be submitted to the Authority by the

intended user of the relative land prior to the expiration of

the thirty-day period mentioned in sub-paragraph (i),

provided that

(a) Any requested extension may not be

granted for a period of more than thirty days and no

more than three extensions may be granted in any

given calendar year. The period requested for

extension need not necessarily refer to the thirty

day period immediately following the previous

period; and

(b) The Authority is satisfied that the

request for extension relates to a site which lies

within a development zone; and the proposed use

day period for the same or similar use as originally

permitted upon the receipt of a formal written request for

VERŻJONI to ELETTRONIKA

such extension

be submitted to the Authority by the

intended user of the relative land prior to the expiration of

the thirty-day period mentioned in sub-paragraph (i),

provided that

(a) Any requested extension may not be

granted for a period of more than thirty days and no

more than three extensions may be granted in any

given calendar year. The period requested for

extension need not necessarily refer to the thirty

day period immediately following the previous

period; and

(b) The Authority is satisfied that the

request for extension relates to a site which lies

within a development zone; and the proposed use

does not have any negative impacts on the relative

site or its surroundings and any structure used on

the relative site is easily demountable; and

(c) Any land in relation to which an

extension has been permitted in terms of this sub-

paragraph shall be fully restored to its pristine

condition and any structure removed within ten

days from the expiry of each permitted period

unless the extended period immediately follows the

previous period, in which case the relative

restoration and removal of any structure shall be

carried out within ten days from the last permitted

period;"; and

(g)

in paragraph 2 thereof, for the words "other than as

provided in paragraph (ii)", there shall be substituted the words

"other than as provided in paragraph (iii)".

€0.27