Development Planning (Use Classes) Order, 2014

L.N. 74 of 2014

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Development Planning (Use Classes) Order, 2014

IN EXERCISE of the powers conferred by articles 61 and 62 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

Order:-

(1)

The title of this Order is the Development Planning

(Use Classes) Order, 2014.

(2) The provisions of this Order shall, where relevant, apply to

all those planning applications submitted on or after the date of entry

into force of this Order.

(Article 3 (1))

CATEGORY A - RESIDENTIAL USES

CLASS 1 - Dwellings

Use as a residence, whether or not as a sole or main residence,

by any of the following

(a)

a single person or by people living together as a

family;

(b)

not more than six residents living together,

including a household where care is provided for residents;

(c)

lodging of not more than sixteen persons, provided

that the operation is licensed by the Malta Tourism Authority

and the premises are located within an Urban Conservation

(d)

a resident concurrently with his or her occupation

or business, provided that it is identified as the ordinary

residence of the person undertaking the occupation or business

and the activity

(i) uses less than half the residential floorspace

of the dwelling capped at 50 sq m provided that the

minimum dwelling size is not prejudiced;

(ii) relates to beauty and wellness related

services, or professional offices, or medical services, or

education, or any other activity which in the opinion of the

Authority is compatible with residential use;

(iii) is not a client intensive activity;

(iv) does not generate a disproportionate

vehicular traffic or parking which is detrimental to the

amenity of the area in which it is conducted;

(v) can be carried on in any residential area

within the Development Zone without undue detriment to

the amenity of that area by reason of noise, vibration,

smell, fumes, smoke, soot, ash, dust, grit, light, radiation or

incompatible visual impact; and

(vi) is conducted in a residence which does not

form part of a block of apartments or any other block of

buildings accessible from an external common entrance.

CATEGORY B - SOCIAL USES

CLASS 2A - Residential Institutions

Use for either of the following

(a)

residential accommodation and care to people in

need of care other than a use within Class 1 (Dwellings);

(b)

hospital or nursing home;

(c)

medical clinic;

(d)

clinic

for

professionals

complementary

to

medicine.

CLASS 2B - Non Residential Institutions

Use, other than residential use, for any of the following

(a)

display of works of art other than for sale or for

hire;

(b)

museum;

(c)

public library or public reading room;

(d)

public hall or exhibition hall.

CLASS 2C - Education

Use for either of the following

(a)

kindergarten, creche, day nursery or day centre;

(b)

residential or non residential school, college or

training centre.

CATEGORY C - TOURISM AND LEISURE USES

CLASS 3A - Guest Houses, Palazzini, Boutique Tourism

Accommodations and Hostels

Use for any of the following

(a)

guest house;

(b)

palazzino;

(c)

boutique tourism accommodation;

(d)

hostel,

where no significant element of care is provided, but excluding

premises licensed for the sale of alcoholic liquor to persons other than

residents.

CLASS 3B - Hotels

Use for hotel

CLASS 3C - Assembly and Leisure

Use for any of the following

(a)

cinema;

(b)

concert hall or theatre;

(c)

swimming bath or pool, skating rink, gymnasium,

health club, sauna, sports hall, or other indoor or outdoor land-

based sports or recreations not involving motorised vehicles or

CLASS 3D - Marine Leisure

Use for any of the following

(a)

mooring boats and/or as a marina;

(b)

diving, sailing, or windsurfing school or other

marine- based sport or recreation.

CATEGORY D - COMMERCIAL USES

CLASS 4A - Financial, Professional and Other Offices

Use for any of the following

(a)

financial services;

(b)

professional services (including doctors, lawyers,

(c)

any other offices of a comparable nature.

CLASS 4B - Retail

Use for any of the following

(a)

retail outlets;

(b)

display for sale of goods excluding motor vehicles.

CLASS 4C - Food and Drink Establishments where no cooking

is allowed

Use for establishments catering for the preparation and sale of

hot or cold food or drink for consumption on the premises where no

cooking is allowed.

CLASS 4D - Food and Drink Establishments where cooking

is allowed

Use for establishments catering for the preparation and sale of

hot or cold food or drink for consumption on the premises where

cooking is allowed.

CATEGORY E - INDUSTRIAL USES

CLASS 5A - Light Industry

Use for any of the following

(a)

research, testing and development of products or

(b)

craft business;

(c)

any other light industry not falling under Class 5C,

provided that, if any such use is carried out in a residential area, in the

opinion of the Authority

(i) it can be carried out without detriment to the

amenity of that area by reason of noise, vibrations, smell,

fumes, smoke, soot, ash, dust, grit, or visual impact; and

(ii) it does not generate a disproportionate

vehicular traffic or parking which is detrimental to the

amenity of the area in which it is conducted; and

(iii) it does not result in a significant increase in

the number of employees previously engaged in the former

CLASS 5B - General Industry

Use for the carrying on of an industrial process not

contemplated by Class 5A or Class 5C.

CLASS 5C - Specialised Industry

Any specialised industrial process for any of the following use

(a)

smelting, calcining, sintering or reducing ores,

minerals, concentrates or mattes;

(b)

converting,

refining,

reheating,

annealing,

hardening, melting, carburising, forging, or casting metals or

alloys other than pressure die-casting;

(c)

recovering of metal from scrap, drosses or ashes;

(d)

galvanising;

(e)

pickling or treating metal in acid;

(f)

chromium plating;

(g)

burning lime or dolomite;

(h)

producing zinc oxide, cement or alumina;

(i)

foaming, crushing, screening or heating mineral or

slag;

(j)

processing pulverised fuel ash by heat;

(k)

producing carbonate of lime or hydrated lime;

(l)

producing

inorganic

pigments

by

calcining,

roasting or grinding,

except where the above processes are ancillary to the getting, dressing

or treatment of minerals and undertaking in or adjacent to a quarry or

mine;

(m)

distilling, refining, or blending oils (other than

petroleum or petroleum products);

(n)

producing or using cellulose or using other

pressure sprayed metal finishes (other than in vehicle repair

workshops in connection with minor repairs, or application of

plastic powder by the use of fluidised bed and electrostatic

spray techniques);

(o)

boiling linseed oil or running gum;

(p)

processes involving the use of hot pitch or bitumen

in the manufacture of roofing felt at temperatures not exceeding

220ºC or the manufacture of coated roadstone;

(q)

stoving enameled ware;

(r)

producing aliphatic esters of the lower fatty acids,

butyric acid, caramel, hexamine, iodoform, naphthols, resin

products (excluding plastic moulding or extrusion operations

and producing plastic sheets, rods, tubes, filaments, fibres or

optical components produced by casting, calenering, moulding,

shaping or extrusion), salicylic acid or sulphonated organic

compounds;

(s)

producing rubber from scrap;

(t)

chemical processes in which chlorophenols or

chlorocresols are used as intermediates;

(u)

manufacturing acetylene from calcium carbide;

(v)

manufacturing, recovering, or using pyridine or

picolines, any methyl or ethyl amine, or acrylates;

(w)

the carrying on of an industrial process which uses

animal remains as the primary input or as part of the process of

manufacture.

CATEGORY F - STORAGE AND BOATHOUSE USES

CLASS 6A - Storage and Distribution

Use for storage (other than the storage, on land or on water, of

boats) or as a distribution centre.

CLASS 6B - Boatyards

Use for any of the following

(a)

storing boats (other than in a marina);

(b)

boat building;

(c)

boat repair and servicing.

CATEGORY G - AGRICULTURE USES

CLASS 7 – Agriculture

The carrying on of agriculture which involves the intensive

raising of crops or animals.

CATEGORY H - AQUACULTURE USES

CLASS 8 - Aquaculture

Use for the hatching or fattening of fish.

€1.35

(1)

In this Order, unless the context otherwise requires,

the following expressions shall have the meanings hereby assigned to

them

"Act" means the Environment and Development Planning Act;

"boutique tourism accommodation" means a specialised type of

tourist accommodation as defined by the competent authority

responsible for tourism;

"care" means personal care for people in need of such care by

reason of being elderly, disabled, having a past or present dependence

on alcohol or drugs, or a past or present mental disorder, and in

Category B of the Schedule of this Order also includes the personal

care of children and medical care and treatment;

"Category" means a group of different Classes specified in the

Schedule of this Order having a similar general use;

"Class" means a Class specified in the Schedule of this Order

and Classes under the same Category shall be considered as different

Classes for the purpose of this Order;

"cooking" means the transformation of raw material to edible

material through the process of heat;

"dangerous substance" means a substance, mixture or

preparation listed in Schedule I, Part 2 of the Control of Major S.L. 424.19

Accident Hazards Regulations, or fulfilling the criteria laid down in

Schedule I, Part 3 of the said regulations and present as a raw

material, product, by-product, residue or intermediate, subject to the

exclusions in regulation 4(2) of the said regulations;

"day centre" means premises which are visited during the day

for social or recreational purposes or for the purposes of rehabilitation

or occupational training, and at which care is also provided;

"Development Zone" means the boundary for development as

approved by the House of Representatives in 2006 or as otherwise

amended

"residential floorspace" means the floor area of a residence

including all rooms and internal space and excluding any garage,

internal or external yard or garden, internal or external open area, and

the thickness of the walls;

"industrial process" means a process for, or incidental to, any of

the following purposes

(a)

the making of any article or part of any article

(including a ship or any other vessel, or a film, video or sound

recording);

(b)

the altering, repairing, maintaining, ornamenting,

finishing, cleaning, washing, packing, canning, adapting for

sale, breaking up or demolition of any article;

(c)

the getting, dressing or treatment of minerals,

in the course of any trade or business other than agriculture, and other

than a use undertaken in or adjacent to a mine or quarry;

"palazzino" means a specialised type of tourist accommodation

as defined by the competent authority responsible for tourism;

"professionals

complementary

to

medicine"

means

professionals as defined in the Health Care Professions Act;

"retail" means

(a)

retail sale of goods;

(b)

post office;

(c)

sale of tickets;

(d)

travel agency and related operations;

(e)

beauty and wellness related services;

(f)

direction of funerals;

(g)

hiring out of domestic goods or personal goods or

articles;

(h)

reception of goods to be washed, cleaned or

repaired,

where the sale, display or service is principally to visiting members of

the public.

(2) In this Order, words and expressions defined in the Act

shall have the same meaning as they have in the Act.

(1)

Subject to the provisions of this Order, and subject

to subarticle (2), where a building, including land occupied with the

building and used for the same purposes, or land is used for a purpose

in any class specified in the Schedule of this Order, the use of that

building or land for any other purpose in the same class shall not be

development, and a development permission is not required, except as

provided in this Order.

(2) In the case when there is a change of use from either

(i)

Class 3B to Class 3A or

Class 4B to Class 4A or

Class 4C to Class 4A or

Class 4C to Class 4B or

Class 4D to Class 4A or

Class 4D to Class 4B or

Class 4D to Class 4C or

Class 5B to Class 5A or

Class 5C to Class 5A or

Class 5C to Class 5B, or

(ii)

when activities identified under Class 1(c) or Class

1(d) are undertaken in addition to those activities identified

under Class 1(a) and/or Class 1(b),

this shall be considered as permitted development, subject to a

development notification prior to the change of use as specified in the

following subarticles.

(3) Any change of use, as specified in subarticle (2)(i), or the

engagement of the activities identified under class 1(c) or class 1(d)

in addition to those activities identified under Class 1(a) and/or Class

1(b) shall be notified to the Authority prior to the change of use or the

engagement of the relative activity, as the case may be. This shall be

done by means of the apposite form provided by the Authority which

shall include a declaration of the applicant’s title to the property. This

form shall be accompanied by: three copies of all the necessary plans

and elevations; two good-quality colour photographs properly

representative of the site; and other relevant documentation as

provided in this Order or as the Authority may deem necessary, so

that the details submitted to the Authority shall clearly and correctly

identify

(i)

the perit in charge according to article 97(1)(o)(ii)

of the Code of Police Laws;

(ii)

the applicant;

(iii)

the precise location and full extent of the

applicant’s property, and the applicant’s title over the property.

Where considered necessary by the Authority, these shall be

confirmed by a copy of the deed showing the respective title;

(iv)

the full nature and full extent of the development;

(v)

the specified Class from which the change of use is

being proposed and the specified Class to which the change of

use is being proposed, or the specified activity proposed to be

undertaken in addition to the activity identified under Class 1(a)

and/or Class 1(b), as the case may be;

(vi)

all previous licences, permits, applications and

notifications affecting the applicant’s property, where

applicable;

(vii)

where relevant or required, the prior clearances

from Malta Enterprise, Malta Tourism Authority, National

Commission for the Disabled and the Environmental Health

Directorate; and

(viii)

access to the site, indicated on a location map, if

the site does not abut on a public street.

(4) Where the change of use is from Class 4C or Class 4D to

Class 4B being a fishmonger, butcher, greengrocer or mini-market, an

engineer’s report is also required to assess any impacts from noise,

smell and vibration. An engineer’s report shall, unless the Authority

deems otherwise, also be required in the case of a change of use from

Class 4D to Class 4C.

(5) The Authority shall respond in writing to the notification

and shall return one copy of all the plans submitted, endorsed to

clearly indicate

(a)

whether or not the change of use as specified in

subarticle (2)(i) or the engagement of an additional activity as

specified in subarticle (2)(ii) is permitted; and

(b)

which development is permitted.

In the event of any discrepancy between any approved

drawings and relevant provisions of this Order as communicated in

the Authority’s response, the latter shall prevail.

(6) Where a notification is required under subarticle (2), and

without prejudice to any applicable provisions of this Order, the

change of use as specified in subarticle (2)(i) or the engagement of

the additional activity as specified in subarticle (2)(ii) shall only be

treated as permitted if the applicant has complied with the notification

procedure established in subarticles (2), (3) and (4) and the Authority

either

(a)

confirms that the change of use or the engagement

of the additional activity is permitted; or

(b)

does not within thirty days after the Authority has

validated the notification, give to the applicant a notice in

writing that the change of use or the engagement of the

additional activity requires a development permission.

(7) If the change of use or engagement of the additional

activity is not permitted, the Authority shall give detailed reasons for

such a decision.

(8) Where the change of use or the engagement of the

additional activity has been carried out without the notification

required in accordance with subarticle (2), and the change of use or

the engagement of the additional activity complies fully with the

relevant exceptions, limitations and conditions of this Order, the

notification of that change of use or of the engagement of the

additional activity shall be treated as though it were a prior

notification in accordance with subarticle (2).

(9) Where

(a)

the change of use or the engagement of the

additional activity has been carried out without the notification

required in accordance with subarticle (2); or

(b)

a notification has been made and the Authority has

not responded to the notification and that change of use or the

engagement of the additional activity either runs counter to

policies or plans or legislation approved according to the Act or

is not correctly, completely and unequivocally reflected in the

notification;

the Authority shall still have the right to stop the change of use or the

activity and, or to take enforcement action or other action in

accordance with the Act.

(10) The reply of the Authority confirming that the change of

use or the engagement of the additional activity is permitted shall

have a validity period of one calendar year commencing on the date

on which the reply is notified to the applicant, or, in the absence of

such a notice, on the date of the expiry of the aforesaid thirty days.

The change of use or the engagement of the additional activity has to

be carried out within the one year validity period.

(11) Where change of use or engagement of the additional

activity is carried out after the validity period stipulated in subarticle

(10) has expired, or after the Development Order under which is it

permitted has been repealed, the Authority shall still have the right to

stop works and, or to take enforcement or other action, in accordance

with the Act.

Nothing in any Class specified in the Schedule of this Uses not within

a use Class.

Order shall include any use for any of the following

(a)

amusement arcade or centre, recreation centre or a

funfair;

(b)

band club, social club, dance or wedding hall,

discotheque or similar places of assembly;

(c)

sale of fuel for motor vehicles;

(d)

taxi business, hire of motor vehicles or public

service garage;

(e)

fireworks factories, explosives factories or

factories for the manufacture of hazardous chemicals and their

(f)

aqualung fillers;

(g)

food take-aways, including pastizzeria;

(h)

waste management facility including scrap yard or

yard for the breaking of motor vehicles;

(i)

mineral extraction facility including quarry or mine

or for the storage, distribution or processing of minerals;

(j)

manufacturing, processing, keeping or storing of a

dangerous substance, in a building or on land;

(k)

disposal of waste materials either on land or at sea;

(l)

washing or cleaning of clothes or fabrics in coin or

credit operated machines or on premises at which the goods to

be cleaned are received direct from the visiting public;

(m)

bakery;

(n)

shooting range or shooting club or for any other use

involving firearms;

(o)

conference or public assembly centre;

(p)

racing or practicing of motor vehicles, including

off-road vehicles;

(q)

manufacture, processing and distribution of

concrete, or manufacturing or casting of concrete elements and

(r)

sale or display of motor vehicles;

(s)

supermarkets;

(t)

places in connection with public worship or

religious instruction or the social or recreational activities of a

religious body;

(u)

bingo halls, casinos, gaming shops, betting shops

or lotto offices;

(v)

retail outlets selling fire-arms;

(w)

any other uses not included in the Schedule of this

Order.

In the case of a building used for a purpose within Class 1 Change of use

(Dwellings) of the Schedule, the use of the building which results in of

building or land

an increase or decrease in the number of dwelling units in which the used

dwelling.

building was previously used, shall be development.

A provision of this Order shall not apply where its Conditions on a

operation is expressly excluded by a condition or conditions, or development

permission.

limitation, imposed on development permission in accordance with

article 69(3) of the Act.

The provisions of this Order shall have effect in relation to Limitation on

Classes 3C, 5A, 5B and 5C only where the use from which the change operation

certain Classes.

is to be made to another use within the same Class has been permitted

by a specific grant of a development permission made after the

coming into force of this Order or of the Development Planning (Use L.N. 53 of 1994

Classes) Order, 1994.

There shall be charged by the Authority a fee of two Fees relative to

hundred and fifty euro (€250) as a charge to be paid in respect of any any

undertaken in

procedure undertaken in terms of this Order required for the terms

Order.

notification of any change of use or engagement of an additional

activity.

The Development Planning (Use Classes) Order, 1994 is Repeals the

Development

hereby repealed.

Planning (Use

Classes) Order,

1994. L.N. 53 of 1994