211 tal-2016 - Ordni tal-2016 dwar in-Notifikazzjoni dwar Żvilupp

L.N. 211 of 2016

DEVELOPMENT PLANNING ACT

(CAP. 552)

Development Notification Order, 2016

BY VIRTUE of the powers conferred by article 55 of the

Development Planning Act, the Planning Authority, with the

concurrence of the Parliamentary Secretary for Planning and

Simplification of Administrative Processes, has made the following

Order:-

The title of this Order is the Development Notification

Order, 2016

CLASSES OF PERMITTED DEVELOPMENT

(Regulation 3)

INDEX TO SCHEDULE I

Class 1 Alterations to existing buildings and development

within the curtilage of buildings

(i)

Internal alterations

(ii)

Alteration or replacement of apertures

(iii)

Water tanks and associated apparatus

(iv)

Solar panels and photovoltaic panels

(v)

Roof Structures

Class 2

Minor works

(i)

Front garden walls and similar walls around

gardens and recreational areas

(ii)

Boundary walls around undeveloped land abutting

a street

(iii)

Timber gates in existing openings

(iv) Erection or alteration of random dry-stone rubble

walls on existing agricultural land

(v)

Repair of existing boundary walls

(vi)

Repair of buildings or other structures

(vii) Surveillance and security equipment, and similar

small equipment

(viii) Painting of the exterior of a building

(ix)

Air conditioning units

(x)

Replacement or reconstruction of roofs

Class 3 Formation, laying out, alteration or improvement of

roads by Government agencies, Local Councils and other entities

appointed thereby

(i)

Roads and pavements within a planning scheme

(ii)

Widening, improvement or maintenance of existing

roads

(iii)

Improvement or alteration of junctions

(iv)

Traffic lights

(v) Embellishment or enhancement of roundabouts,

traffic islands and centre strips

Class 4

Minor infrastructural development

(i)

Lamp standards, public seats, litter bins, bollards,

barriers and similar structures

(ii) Posting boxes, automated teller machines and

vending machines

(iii)

Telephone boxes or booths

(iv)

Monuments and art installations

Class 5

Development related to public utility services

(i)

Repairs to services

(ii) Development below ground level for water supply,

sewerage, and laying of pipes and cables

(iii)

Installation of service lines to individual customers

(iv) Installation of booster stations, valve houses, meter

houses and switchgear houses

(v)

Sewage inspection chambers above ground level

(vi)

Storm water culverts

(vii) Infrastructural service ducts

(viii) Feeder or service pillars

Class 6

Development related to public transport

(i)

Signs for operation of route buses

(ii)

Passenger shelters and barriers

Class 7

Development related to telecommunications

(i)

Installation, maintenance

or

alterations

of

telecommunications apparatus

(ii)

Satellite antennas

Class 8

Development related to agriculture and fisheries

(i)

Maintenance of existing farm roads by the

Department of Agriculture

(ii) Placing of plant and machinery for the operation of

a fishing port

Class 9

Placing of machinery and structures for operations

(i)

Placing of

machinery

and

structures

for

development operations

Class 10 Temporary use of land

(i)

Temporary reversible use of land

(ii) The reversible use of land, by Government entities,

Local Councils and other public entities appointed thereby

Development related to aviation

(i)

Change of use of buildings within the perimeter of

Class 12 Lighting of buildings, structures and roads

(i)

The external lighting of buildings, structures and

Class 13 Mineral and geological exploration and surveying,

and environmental monitoring

(i)

Drilling of

boreholes,

seismic

surveys

and

archaeological surveys

(ii)

Temporary environmental monitoring stations

Class 14 Tented structures and Awnings

(i)

Installation of an awning

(ii)

Placing of small tents, tarpaulins or similar

Class 15 Beach management facilities

(i)

Hiring of beach furniture

Class 16 Development in Malta Industrial Parks and Malta

Enterprise Zones

(i)

The construction, re-development, alteration or

extension of an industrial unit

(ii) The construction, re-development, alteration or

extension of a unit

Class 17 Development by the Armed Forces of Malta

(i)

Development by the Armed Forces of Malta

Class 18 Development relating to Migration Matters

(i)

Development carried out by an entity responsible

for the provision of reception services

Class 19 Filming and Activities

(i)

Filming operations

(ii)

Occasional activities

(iii)

Offroading events

CLASS 1 - Alterations to existing buildings and development

within the curtilage of buildings

(i)

Internal alterations, excluding all works that would

(a)

increase the number of dwellings;

(b) increase the number of commercial outlets and floor

space;

(c)

increase the non-residential units;

(d)

change the use of buildings; and

(e)

require an increase in parking provisions

(ii) (a)

The replacement of apertures and security elements

relative to windows, doors, balconies (including timber balconies),

gates and other similar elements, including in scheduled buildings or

buildings which the Authority deems to have conservation value.

(b)

The provision of security bars, projecting wrought

iron windows or security windows.

(c)

The replacement of apertures and security elements

in scheduled buildings or buildings which the Authority deems to

have conservation value

Provided that such works in sub-paragraphs (a) and (b) do not

materially alter the character and, or context of the building and its

surroundings and for sub-paragraph (c) original wooden apertures and

balconies and wrought iron elements in scheduled buildings or

buildings which the Authority deems to have conservation value shall

be retained and restored and shall not be replaced if these are

considered to form part of the historic character and fabric of the

building and, or streetscape and are in a sufficiently good condition

that they can be restored.

(iii) Water tanks, with associated apparatus and the necessary

screening.

(iv) Solar panels and associated apparatus, and photovoltaic

panels and associated apparatus

Provided that for paragraphs (iii) and (iv) when located on

scheduled buildings or buildings older than seventy five years which

the Authority deems to have conservation value, the permitted

development shall be located within the envelope of the building or at

roof level, not exceeding the height of the parapet wall, but not on top

of a roof structure.

(v) Roof Structures which are setback six metres from the

front elevation and do not exceed thirty six square metres when

measured externally, in UCAs but not in ODZ nor on scheduled

buildings.

Only development under paragraphs (i), and (ii) and (v) shall be

subject to the notification procedure established in regulation 5(1)

and (3).

CLASS 2 - Minor Works

(i) The construction, reconstruction, maintenance, or

demolition, of front garden walls, or walls around gardens, or

recreational areas, excluding walls which are constructed in random

dry-stone rubble walls (sejjiegħ). Works shall be limited to the wall

itself without any substantial modification to a front garden, other

garden, vehicular parking or driveway.

(ii) Boundary walls around undeveloped land abutting a street.

(iii) Timber gates in existing legal openings located in ODZ.

(iv) The construction, alteration, or maintenance, of random

dry-stone rubble walls (sejjiegħ) on existing agricultural land, or

along a legally existing street, in accordance with the Rubble Walls

and Rural Structures (Conservation and Maintenance) Regulations

(S.L.552.01), subject to the following conditions

(a)

the wall shall not be higher than one metre twenty

centimetres above soil level on both sides;

(b)

in case of different levels between terraced land,

the wall shall not be higher than one metre twenty centimetres

above the higher soil level, and two metres forty centimetres

above the lower soil level;

(c)

the total demolition and reconstruction of existing

random dry-stone rubble walls (sejjiegħ) is not permitted and, in

the case of partial demolition and reconstruction, the area to be

replaced should be declared as unsafe by the perit;

(d)

for the construction of new walls, a single access

opening of not more than one metre twenty centimetres wide,

with a gate constructed in timber and not exceeding the height

of wall, is permitted;

(e)

new access openings on existing walls are not

permitted;

(f)

the construction of new walls shall not entail the

sub-division of agriculture land.

(v) The repair of existing boundary walls provided that such

works do not affect the height and character of the existing wall.

(vi) The repair of buildings or other structures, subject that

such works do not

(a)

constitute the complete or substantial demolition

and re-construction, or replacement, of buildings or structures;

(b)

materially alter the character and, or context of the

building or structures, and its surroundings.

(vii) The fixing of surveillance cameras, security equipment,

and other similar small-scale equipment, even on scheduled property.

(viii) The painting of the exterior of a building or work,

provided that

(a)

it is not for

purpose

of

advertisement,

announcement or direction;

(b)

it is in congruence with the streetscape.

(ix) Air conditioning units, unless located on any façade that

faces a road, or visible from a road.

(x) Replacement or reconstruction of roofs with no substantial

rebuilding of walls and not on scheduled property.

Only development under paragraph (vi), when located within

Scheduled Property, UCA, or ODZ, and development under

paragraphs (i), (iii) and (x) shall be subject to the notification

procedure established in article 5(1) and (3).

CLASS 3 - Formation, laying out, alteration or improvement of

roads by Government agencies, Local Councils and other entities

appointed thereby

(i) The formation or laying out of roads and pavements as

indicated in a planning scheme, and the alteration or creation of

pavements within a development boundary.

(ii) The widening, improvement or maintenance of an existing

road within the highway boundary.

(iii) The improvement or alteration of junctions, unless it

involves the alteration of a grade separated junction or a significant

alteration in the traffic direction.

(iv) The installation, modification or removal of traffic lights

and any other similar traffic management systems.

(v) The embellishment or enhancement of existing

roundabouts, existing traffic islands and, or existing centre strips,

provided that such embellishment or enhancement would not create

an obstruction to the view of, or a distraction to, persons using any

road used by vehicular traffic, so as to be likely to cause danger to

such persons

Provided that

(a)

it does not entail additional undeveloped land

outside the planned or existing highway boundary;

(b)

it does not affect the planning scheme boundary or

entails departure from the official alignment;

(c)

it does not entail direct or indirect damage to

existing historical buildings or monuments, archaeological

features including underground shelters, cisterns or water

galleries, rubble walls and natural stone paving; and

(d)

it includes all the necessary measures so that,

wherever possible

(i)

infrastructural

services

are

installed

underground without any introduction, installation or

attachment of overhead wiring on the site or its

surroundings; and

(ii)

existing overhead wiring and other

infrastructural services currently above ground are

relocated underground;

(e)

it is subject to prior written authorisation by

Transport Malta;

(f)

within Valletta, Floriana, Cottonera and areas

scheduled for their archaeological importance, excavation

works shall be carried out under the supervision of an

archaeologist appointed by the Superintendent of Cultural

Heritage.

Only development under paragraph (ii) where the existing road

and, or pavement are constructed in natural stone paving and

paragraph (iv) where works are on or attached to a building which in

itself is a scheduled property shall be subject to the notification

procedure established in regulation 5(1) and (3).

CLASS 4 - Minor infrastructural development

(i) The erection or construction, and the maintenance,

alteration or other improvement, of lamp standards, public seats,

small-scale litter bins or similar baskets serving public recreational

areas or walkways, bollards, barriers and similar works or structures

not in ODZ.

(ii) The installation or placing of posting boxes, self-service

machines or Automated Teller Machines, or vending machines that

are in line with approved policies and guidelines not in ODZ.

(iii) The erection of telephone boxes or booths, provided that

the structure shall not exceed one meter squared in area measured

externally and a height of two metres and forty centimetres measured

externally not in ODZ.

(iv) The erection, construction, or installation of monuments

and art installations within public open spaces, excluding dismantling

or relocation, not in ODZ and provided that where the highway

boundary or a pavement are affected the development is subject to

prior written authorisation by Transport Malta and in all

circumstances subject to prior authorisation by the Malta Council for

Culture and the Arts.

Only development under paragraphs (i), (ii) and (iii) shall be

subject to the notification procedure established in regulation 5(1)

and (3).

CLASS 5 - Development related to public utility services

(i) The carrying out of any works for the purpose of

inspecting, maintaining, repairing or renewing any existing sewer,

main, pipe, cable or other apparatus, including the breaking open of

any made-up ground or soil for that purpose, provided that the land is

immediately and completely returned to its original condition once

the works have been completed.

(ii) Any development below ground

level,

including

excavation, which is required in connection with

(a)

the supply of water or for conserving, monitoring,

redistributing or augmenting water resources;

(b)

the provision, improvement, maintenance or repair

of a sewer or sewerage connection or associated apparatus; or

(c)

the maintenance or repair of an outfall pipe, or of a

sewage treatment plant, or of an ancillary reservoir; or

(d)

the laying underground of pipes, cables or any

other apparatus.

The land surface must be immediately and completely returned

to its original condition once the works have been completed.

(iii) The installation of service lines to individual customers

from a service line, including any excavations for such purpose,

provided that the land is immediately and completely returned to its

original condition once the works have been completed.

(iv) The installation, in a public infrastructural network, of a

booster station, valve house, meter house or switchgear house, unless

it involves any development above ground level in an UCA or ODZ.

(v) The construction, provision or improvement of sewage

inspection chambers above ground level unless such chamber

exceeds

(a)

one square metre in area measured externally; or

(b)

one metre in height measured externally above

ground level. If located ODZ, structures above ground level are

to be suitably designed to mitigate their visual impact on the

surrounding environment.

(vi) The provision, construction and renewing of any storm

water culvert or water channel, storm water drain, rainwater spout or

overflow pipe, or storm water reservoir that is altogether located

under an existing road carriageway or pavement or similar paved

area. The development must not involve channelisation of natural

watercourses or valley beds.

(vii) The provision, excavation, extension or enlargement of

service ducts for the improvement, rationalisation, management or

inspection of underground services, provided that the roof of the duct

is in keeping with the surrounding land surface and, if the site lies

ODZ, it shall be suitably finished to compliment the surrounding

environment.

(viii) The installation of feeder or service pillars, but not poles

or masts, provided that where located on a pavement, these shall

allow at least one metre of unobstructed pavement width

Provided that

(a)

it does not entail additional undeveloped land

outside the planned or existing highway boundary;

(b)

it does not entail direct or indirect damage to

existing historical buildings or monuments, archaeological

features including underground shelters, cisterns or water

galleries, rubble walls and natural stone paving; and

(c)

it includes all the necessary measures so that,

wherever possible

(aa) infrastructural

services

are

installed

underground without any introduction, installation or

attachment of overhead wiring on the site or its

surroundings; and

(bb) existing overhead wiring and other

infrastructural services currently above ground are

relocated underground;

(d)

within Valletta, Floriana, Cottonera and areas

scheduled for their archaeological importance, excavation

works shall be carried out under the supervision of an

archaeologist appointed by the Superintendent of Cultural

Heritage.

Development under this Class, when it is located in a UCA,

ODZ and in scheduled property or within thirty metres from a

scheduled property or in a designated area, shall be subject to the

notification procedure established in article 5(1) and (3).

CLASS 6 – Development related to public transport

(i) The installation of signs which do not exceed fifty square

centimetres in area, in connection with the operation of route buses.

(ii) The construction or replacement of existing passenger

shelters including advertisement as part of the passenger shelter, or

barriers for the control of people waiting to enter a route bus, except

where the development involves any road widening or any

encroachment onto land that is not a road carriageway, pavement or

similar paved area.

CLASS 7 - Development related to telecommunications

(i) The installation, maintenance or alteration of any

telecommunications apparatus unless such development is located

ODZ or on scheduled property.

Provided that the development does not involve

(a)

the erection or alteration of buildings; or

(b)

the introduction of poles and masts to support

overhead wiring and or structures with a height exceeding 10

metres to support the permitted apparatus;

(c)

direct or indirect damage to existing scheduled

buildings or monuments, archaeological features including

underground shelters, cisterns or water galleries, rubble walls

and natural stone paving.

(ii) A satellite antenna, unless in ODZ or on scheduled

property and provided that it is not visible from a public road.

CLASS 8 - Development related to agriculture and fisheries

(i) The maintenance of existing farm roads carried out by or

on behalf of the Department of Agriculture: Provided that such works

do not

(a)

involve encroachment beyond the pre-existing road

carriageway, or deposition of material beyond the road

carriageway, or levelling or reclamation of land; or

(b)

involve the expansion or extension or leveling or

widening or re-engineering or surfacing with concrete.

(ii) Placing of permanent plant and machinery required for the

operation of a designated fishing port subject to the prior approval of

the Fisheries Department.

Only development under paragraph (ii) shall be subject to the

notification procedure established in article 5(1) and (3).

CLASS 9 - Placing of machinery and structures for the duration

of construction works

(i) The placing on land of a building, moveable structure,

works, plant or machinery required temporarily required in

connection with, and for the duration of, operations on, in, under or

over that land or on land immediately adjoining it, in connection with

or for the purpose of development permitted by a development

permission, or by any other permission by the Authority, or by this

Order, including temporary batching plants, subject that such works

shall

(a)

not apply to mining or quarrying operations; and

(b)

in the case where such works would create an

obstruction to an existing pedestrian passage way, all the

necessary measures shall be taken to provide for a safe

alternative passage way as directed by the competent authority;

and

(c)

after completion of works, such temporary

installation shall be completely removed and the land shall be

completely restored to its pristine condition;

(d)

such use does not entail direct or indirect damage

to existing historical buildings or monuments, archaeological

features including underground shelters, cisterns or water

galleries, rubble walls and natural stone paving.

Development under this Class, where the operations are going to

take place within the confines of a site which is a scheduled property,

or in a designated area, or on land that is located ODZ and, or when

the operations are going to take place beyond the confines of the site

covered the development permission shall be subject to the

notification procedure established in article 5(1) and 3).

CLASS 10 - Temporary use of Land

(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.

For any land located within a distance of 100 meters from the

same land originally permitted for a specific temporary use in terms

of this sub-paragraph, the permission shall be automatically renewed

for the same or similar use as originally permitted provided that

(a)

any 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 extended period need

not necessarily refer to the thirty day period immediately

following the previous period; and

(b)

the Authority is satisfied that the 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.

(ii) 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

Provided that the use of land is not permitted if such use is for a

caravan site or for camping, or for off-road vehicle, motor car and

motorcycle racing or rallying, or for practising for these events and

activities

Provided further that the development described shall only be

permitted if

(a)

any temporary structure required for such use

would not impair visibility at a road junction or otherwise pose

a threat to the safety of pedestrians or vehicular traffic;

(b)

such use does not entail direct or indirect damage

to existing historical buildings or monuments, archaeological or

natural features including underground shelters, cisterns or

water galleries, rubble walls and natural stone paving;

(c)

waste collection, waste disposal facilities, and any

necessary mobile sanitary facilities, as required by law and

which do not involve any non-reversible interventions, are

available on site prior to the commencement of use;

Development under this Class shall be subject to the notification

procedure established in article 5(1) and (3). For development under

paragraph (i), the first notification shall be automatically renewed

provided the site remains unchanged, unless the Authority decides

that the temporary use should cease prior to the expiry period and

notifies the applicant accordingly. The commencement date and the

expiry date shall be stated in the applicant’s request and the

confirmation by the Authority, and the limited time is not

automatically renewed annually nor extended in perpetuity.

CLASS 11 - Development related to aviation

(i)

Changes to the use of buildings within the perimeter of an

airport, for purposes connected with air transport services or other

flying activities at that airport.

CLASS 12 - Lighting of buildings, structures and roads

(i) the external lighting of buildings, structures and roads

provided that the development is not permitted where

(a)

it is incompatible with the character of the location

and/or create unacceptable light pollution; or

(b)

in the case of street lighting ODZ, involves lighting

beyond the street itself and/or cause unacceptable light pollution

in an area that should be kept free from artificial nocturnal

lighting or compromise the conservation of important flora,

fauna or ecosystems;

(c)

it involves the illumination of any sign or

advertisement, or such illumination constitutes its primary

purpose; or

(d)

it involves an area larger than a building or

structure;

(e)

it involves a scheduled property.

For the purposes of this Class, temporary lighting of buildings

and structures, for festivities and similar events, shall not be deemed

to constitute development.

Development under this Class, where the site or lighting

equipment of buildings and structures lies in a UCA or ODZ or in a

designated area or in or within 30 metres of a scheduled property,

shall be subject to the notification procedure established in article

5(1) and (3).

CLASS 13 - Mineral and geological exploration and surveying,

and environmental monitoring

(i)

Development on any land consisting of

(a)

the drilling of boreholes other than for groundwater

abstraction; or

(b)

the carrying out of seismic surveys;

(c)

the carrying out of archaeological surveys under

the supervision of the Superintendent of Cultural Heritage

Provided that the land is immediately and completely restored to

its original state once the works have been completed.

(ii) The placing of equipment or temporary stations for

environmental, atmospheric or marine study and monitoring, even if

in or within 30 metres of a scheduled property or in a designated area,

for not more than one calendar year, and on condition that

(a)

no damage or other significant disturbance to the

site or the surrounding environment is entailed;

(b)

no material is placed of on garigue or on exposed

rockfaces in a manner that could foreseeably result in damage

to, or scarring of, the land surface; and

(c)

the equipment or station is completely removed

and the land is fully returned to its pristine condition once the

station ceases to operate.

Within Valletta, Floriana, Cottonera and areas scheduled for

their archaeological importance, excavation works shall be carried

out under the supervision of an archaeologist appointed by the

Superintendent of Cultural Heritage.

CLASS 14 - Tented Structures and Awnings

(i) the installation of an awning fixed on the exterior of a

building, not being a Scheduled Property, located within Town

Centre, Local Centre, Commercial Area, Entertainment Priority Area,

or Tourism Zone as indicated in the respective Local Plan or the

Interim Retail Planning Guidance (2004) but outside Mdina and

Cittadella (Rabat, Gozo).

(ii) The placement of small tents, tarpaulins, or similar

structures to provide environmental control or privacy, not being a

scheduled property provided that such works are not visible from

outside the building.

Development under paragraph (i) where the site lies within

UCA, ODZ, or a designated area, shall be subject to the notification

procedure established in article 5(1) and (3).

CLASS 15 - Beach management facilities

(i) The temporary use of land for the hiring of beach furniture

(a)

the land to be occupied as the fixed point for hiring

of beach furniture shall not exceed an area of 9m 2 ;

(b)

no structures, whether permanent or temporary, are

to be placed or erected on the site;

(c)

the land shall be fully restored to its original state

between sunset and sunrise; and

(d)

no land, on which the beach furniture is placed or

erected, is occupied, designated, or in any manner delineated for

the exclusive use of an operator

Provided that the development shall only be permitted if

(a)

the site is located on a designated beach as

determined by the Malta Tourism Authority;

(b)

specific authorisation by the Malta Tourism

Authority is submitted, by the applicant to the Authority, as part

of the notification procedure.

Development under this Class shall be subject to the notification

procedure established in article 5(1) and (3).

CLASS 16 - Development in Malta Industrial Parks and Malta

Enterprise Zones

(i) The construction, re-development, alteration or extension

of an industrial unit or a unit for any purposes ancillary to the main

industrial unit within Malta Industrial Parks and Malta Enterprise

Zones, including associated signs and adverts, 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)

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.

(ii) The construction, re-development, alteration or extension

of a unit for any purpose ancillary to the main industrial use within

Malta Industrial Parks and Malta Enterprise Zones, including

associated signs and adverts, provided that paragraphs (a) to (e) under

Class (i) of this Class shall mutatis mutandis apply.

Development under this Class shall be subject to the notification

procedure established in article 5(1) and (3).

Class 17 - Development by the Armed Forces of Malta

(i) Development carried out by the Armed Forces of Malta on

land under the operational control of the same Armed Forces of

Malta, provided that

(a)

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;

(b)

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.

Development under this Class shall be subject to the notification

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

Class 18 - Development relating to Migration Matters

(i) Development carried out by an entity responsible for the

provision of reception services including in particular for

beneficiaries of international protection and asylum seekers provided

that if 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.

Development under this Class shall be subject to the notification

procedure set out in article 5(1) and (3). However such notification

procedure is not required where in the opinion of the Minister

responsible for Immigration, the development is urgently required for

humanitarian, security or other relevant reasons and the Authority is

informed accordingly.

Class 19 - Filming and Activities

(i) Filming operations including the construction or

installation of any ancillary, temporary structures and/or equipment

on the site, provided that all constructions and installations are

completely removed from the site, and the site is fully reinstated to its

pristine condition, prior to the expiry of the time period allowed for

the operations.

(ii) Occasional activities, excluding scientific research and

occasional activities which are not considered as development in

terms of the Act, for not more than one calendar week by the same

person, company or organisation including the construction or

installation of any ancillary structures and/or equipment on the site

provided that these are completely removed from the site by the

permitted time of cessation of the activity.

(iii) Offroading events in a locality which is marked as an

offroading site by means of signs approved under the Traffic Signs

and Carriageway Markings Regulations

Provided that

(a)

the Environment and Resources Authority shall be

consulted by the Authority upon receipt of the notification

request and the Environment and Resources Authority shall

reply within the period specified in the consultation notice

which shall in no case be less than 7 days and in case of no

reply, the Environment and Resources Authority shall be

deemed as having no objection to the proposal;

(b)

when an authorisation or an appropriate assessment

is required under the Flora, Fauna and Natural Habitats

Protection Regulations (S.L. 549.44) the provisions of article

5(3) which require the Authority to respond in writing to a

notification within thirty days from the validation of the

notification shall not apply;

(c)

the Authority may impose conditions, including

Bank Guarantees and Planning Contributions as set out in the

Act, it deems appropriate in its decision notice to safeguard any

interest of acknowledged importance.

Development under this Class shall be subject to the notification

procedure established in article 5(1) and (3).

(1)

In this Order, unless the context otherwise requires

"the Act" means the Development Planning Act;

"the Authority" means the Planning Board of the Planning

Authority;

"balconies improvement scheme" means a scheme with this

name, or any such scheme, for the financial support of the repair and

replacement of timber balconies in specific localities;

"calendar year" means a period of twelve months beginning

with the day on which the development or use or any intervention

connected therewith is first begun, according to whichever is the

earliest;

"designated areas" means sites and areas identified by the

Strategic Plan for the Environment and Development or Local Plan

policies, or other planning policies, for protection, conservation or

preservation, including areas of archaeological, ecological,

geological, geomorphological, hydrological, palaeontological,

architectural, historic, artistic, or antiquarian importance, or of natural

beauty, or scientific interest, together with any specific areas

designated under the Act. Urban Conservation Areas are excluded

from this definition, without prejudice to any designated areas

overlapping onto such Urban Conservation Areas;

"Development Control Design Policy, Guidance and Standards"

means Development Control Design Policy, Guidance and Standards

2015, without prejudice to any subsequent amendments or revisions

thereto as may be approved by the Authority;

"development plan" means and includes the Strategic Plan for

Environment and Development, subject plans, local plans, action

plans and development briefs;

"dwelling" means a single family dwelling unit including, but

not limited to, a terraced house, villa, bungalow, flat, a receded

dwelling, penthouse, maisonette or basement permitted to be used for

residential purposes in terms of currently approved Development

Control Design Policy, Guidance and Standards;

"environmental impact assessment" means an environmental

planning statement carried out in accordance with the Environment Cap. 549.

Protection Act;

"environmental planning statement" means an environmental

planning statement carried out in accordance with the Environment

Protection Act;

"existing agricultural holding" means land currently and

lawfully used for cultivation at the time the reservoir or pump

chamber is constructed;

"footprint" means the space contained within the external walls

of a building at ground floor level, including internal yards, shafts,

terraces or courtyards totally enclosed or surrounded by the building,

but excluding terraces, backyards, yards and pool decks not totally

enclosed or surrounded by the building;

"grade separated junction" means a junction where two or more

roads cross over each other at more than one level;

"highway boundary" means land which consists of an existing

road, street, square, court, alley, lane, bridge or footway;

"listed building" means a building which is itself a designated

area;

"material" includes waste, refuse, rubble and any soil imported

onto, or deposited on, the land;

"offroading" means any type of driving, manoeuvring or

parking with a motor vehicle not on a road, except for the purpose of

agriculture, maintenance of services and, or public works, or of law

enforcement and the keeping of good order;

"offroading" event" means any kind of training, racing or

rallying of an "offroading" type by a motor vehicle which are

organized by any person, or by a society or body of persons;

"operational land" or "operational building" means land or a

building used or required in connection with the movement or

maintenance of aircraft, or with the embarking, disembarking,

loading, discharge or transport of passengers, goods or livestock at an

airport, and is land or a building owned by or under the control of the

relevant airport operator;

"Outside Development Zone", hereinafter referred to as ODZ,

means land outside the boundary for development as approved by

Parliament in 2006;

"planning scheme" means a planning scheme made and

approved in accordance with the Building Permits (Temporary

Provisions) Act, 1988;

"public utility services" means and includes works related to

water distribution, sewerage and storm water undertakings and

electricity and telecommunications undertakings;

"ridge" means the edge of a hill or plateau, where relatively flat

or gently sloping land gives way to a valley side, hillside, escarpment,

cliff or other comparably distinct slope;

"route bus" means a vehicle constructed principally for the

carriage of seated passengers and with areas for standing passengers

to allow frequent passenger movement, licensed to carry passengers

for hire or reward and which is registered to perform scheduled trips

with the Central Office for Scheduled Bus Transport Services;

"same style, design, and materials" means the style and design,

and the type, form and colour of the materials, used in the works

which are to be replaced and "same style" or "different style" shall be

construed accordingly;

"scheduled property" means every area, building, structure,

remains, rock formation or other geological feature, excavation or

cavity, individual tree or group of trees or woodland scheduled in

terms of articles 57 and 58 of the Act. For the purposes of this Order,

any land designated or declared as a Special Area of Conservation or

otherwise declared as protected under the Environment Protection

Act shall be treated in the same manner as scheduled property;

"scheme for traffic management" means a scheme including any

works or operations for the purpose of controlling, affecting or

altering, the direction, rate of flow, and means of movement, of

vehicular and pedestrian traffic, and includes, but is not limited to, the

alteration of road junctions or kerblines, the parking of vehicles,

restrictions on parking, loading and unloading, pedestrianisation, and

the installation of traffic lights and pedestrian crossings and any other

electronic traffic control devices;

"temporary" means any non-permanent structure or use lasting

for a limited time not exceeding thirty days, unless otherwise stated in

this Order, and which does not involve any non-reversible

intervention;

"Urban Conservation Area", hereinafter referred to as UCA,

means a historic area (village core) as identified in a planning scheme

or local plan or other currently approved planning policies.

(2) In this Order, words and expressions that are not otherwise

defined in this Order and are defined in the Act shall have the same

meaning as they have in the Act.

(3) (a)

In this Order, wherever reference is made to a

period of thirty days, such period shall be deemed as excluding the

period of shutdown of the Planning Authority offices.

(b)

For the purposes of this Order, the period of S.L. 552.13

shutdown of the Authority offices shall be that period established by

Schedule 4 of the Development Planning (Procedure for Applications

and their Determination) Regulations.

(4) (a)

With reference to any scheduled property that

already incorporates a protective buffer zone, and Areas of High

Landscape Value, any buffer distance of thirty metres mentioned in

the Schedules to this Order shall not apply.

(b)

In the case of an already existing building on

property that is not ODZ and that is scheduled or designated solely on

the basis of features located underground, and if the new development

is located entirely above ground, the notification procedure

established in article 5(1) and (3) shall replace any restriction that

would otherwise be entailed by such scheduling or designation, and

the provisions of article 5(5) shall not apply.

(c)

In the case of property that is not ODZ and that is

scheduled or designated solely on the basis of landscape value, any

restriction on permitted development that is entailed by such

scheduling or designation shall not apply in respect of -

(i) trenching operations or other underground

works which do not permanently affect the land surface,

provided that the land is completely and immediately

returned to its original condition once the works have been

completed; and

(ii) internal alterations that do not affect the

external appearance of the building. The notification

procedure established in article 5(1) and (3) shall apply,

and the provisions of article 5(5) shall not apply.

(d)

Wherever there is a difference in opinion between

the Authority and any other party, or any need for interpretation, as to

whether a development -

(i)

is aesthetically or otherwise compatible with its

location; or

(ii)

affects or alters materially the character and, or

Permitted development and, or the context of the building or site

and its surroundings; or

(iii)

meets any requirement of this Order, whether

explicit or implied,

the opinion of the Authority shall prevail.

Malta Airport Boundary

€2.88

(1)

Development permission is hereby granted for the

Classes of development described in Schedule I, subject to the

Sanitary Regulations, the relevant provisions of the Development

Control Design Policy, Guidance and Standards, the Rural Policy and

Design Guidance and all other relevant approved plans and policies

under the Act, exceptions, conditions, restrictions, rules, limitations

and exclusions. The notification procedure in article 5(1) and (3) shall

be required for the Classes of development described in Schedule I

only where so provided in the same Schedule I.

(2) The granting of such a permission shall not imply, whether

directly or indirectly, permission for any other development, ancillary

to or even indispensable or inevitable for the proper execution of the

permitted development, nor does such a permission exempt from any

other requirement according to law or consent from third parties, nor

exempt from liability or responsibility any person contravening any

provision of law, whether applicable during the execution of the

permission or subsequent thereto or as consequential, involuntary

damage caused.

(3) The permission under sub-article (1) shall not dispense

from the requirement of any other permission, licenses or consent as

required by law and is without prejudice to any conditions, limitations

and exclusions which may be imposed by the public health authorities

and other competent entities.

Nothing in this Order shall permit development

that is contrary to, or would in any way prejudice -

(i) any condition or limitation imposed by any

development permission granted on an application made in

accordance with Part VII of the Act, unless such

development is permitted through a change in policy and

does not prejudice any site specific safeguard for which

such conditions or limitations were imposed; or

(ii) any condition or limitation imposed by a

clearance or license issued in accordance with the Act; or

(iii) a decision taken on any application or request

for such permit, clearance or licence.

(b)

Nothing in this Order shall permit development

(i) is already proposed in an application made in

accordance with Part VII of the Act, which is still being

processed, amended, reconsidered or appealed in

accordance with the Act; or

(ii) would prejudice the merits

of

such

processing, reconsideration or appeal, or

(iii) would prejudice the merits of a request for any

clearance or license required by the Act, or would

prejudice the merits of an appeal from a decision thereon.

(5) The permission granted by sub-regulation (1) shall not

authorize any development which -

(a)

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 16 of Schedule I; or

(b)

creates an obstruction to the view of, or a

distraction to, persons using any road used by vehicular traffic,

so as to be likely to cause danger to such persons; or

(c)

requires an environmental impact assessment, an

appropriate assessment, a traffic impact statement, or any other

assessment or report required by the Act or any other

legislation;

(d)

in the case of any works connected with the

development, involve or entail the demolition of, or could

foreseeably cause direct or indirect damage to -

(i) any wall constructed in random rubble

(sejjiegħ) or random uniform rubble (laqx); or

(ii) any dry-stone huts (giren and similar

structures) or any other structures protected under the Act;

or

(iii) underground infrastructure; or

(iv) caves; or

(v)

fossiliferous or infilled fissures (dagħbien);

or

(vi) archaeological features; or

(vii) existing historical buildings or monuments, or

archaeological features and natural stone paving; or

(viii) cisterns or water galleries;

(e)

entails the destruction, uprooting or damage to

existing trees, unless such works have been approved by the

competent authorities;

(f)

involves the hacking, or drastic cleaning of

stonework by means of grit-blasting, high-pressure water jets,

compressed air, extensive sanding or abrasion, or other similar

interventions that would adversely affect any building (or

structure) of historic value or cultural heritage value.

(6) Any works permitted by sub-article (1) on scheduled

buildings or buildings which the Authority deems to have

conservation value shall be carried out strictly in accordance with

conservation and restoration methodologies established by the

Authority in official guiding documents and under the supervision of

a restoration architect.

If the Authority is of the opinion that development

described in Schedule I should not be carried out unless permission is

granted for it on an application, the Authority may by notice in the

Gazette direct that the permission granted by article 3 shall cease to

apply to the development.

(1)

Where provided in this Order, development shall Notification

be notified to the Authority prior to the commencement of any work, procedure.

on the form provided by the Authority. The Authority may require

different forms for different classes of permitted development and

different forms may not require all the information listed under

paragraphs (a) to (h). 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

(a)

the perit in charge;

(b)

the applicant;

(c)

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;

(d)

the full nature and full extent of the works;

(e)

the

Class

of

Schedule

I

permitting

such

development;

(f)

all previous permits, applications and notifications

affecting the applicant’s property;

(g)

any required approval by other relevant public

authorities, as specified in this Order. This shall include an

authorisation by the competent authority, accompanied by a

clear site plan (and any other relevant documents) also stamped

and endorsed by the competent authority and cross-referred to

the authorisation; and

(h)

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

the site does not abut on a public street.

(2) A notification may cover works which fall into more than

one Class or paragraph within a Class, where these are to be carried

out on the same site, except where otherwise provided in this Order.

(3) Where a notification is required under sub-article (1) and

without prejudice to any applicable provisions of this Order, the

applicant shall comply with the notification procedure established in

sub-article (1) and the Authority shall respond by an electronic means

of communication in writing to the notification within thirty days

from the validation of the notification.

(4) The Authority shall return one endorsed copy of all the

plans submitted, endorsed clearly indicating whether or not the works

are permitted. In the event of any discrepancy between any approved

drawings and the relevant provisions of this Order as communicated

in the Authority’s response, the latter shall prevail.

(5) If the works are permitted, such confirmation by the

Authority shall be valid for a period of one calendar year

commencing on the date on which the official notice by the Authority

is issued or, in the absence of such notice, on the date of expiry of the

aforesaid thirty days. If the works are not permitted, the Authority

shall give detailed reasons for such a decision.

(6) Where development has been carried out without the

notification required in accordance with sub-article (1), and that

development complies fully with the relevant exceptions, limitations

and conditions of this Order, the notification of that development

shall be treated as though it were a prior notification in accordance

with sub-article (1), except where otherwise provided in this Order.

(7) Where development has been carried out without the

notification required in accordance with sub-article (1), or a

notification has been made and the Authority has not responded to the

notification within thirty days from the validation of the notification,

and that development -

(a)

runs counter to policies or plans or legislation

approved according to the Act or the Environment Protection

Act: or

(b)

is not correctly, completely and unequivocally

reflected in the notification,

the Authority shall still have the right to stop works and, or to take

enforcement or other action, in accordance with the Act.

(8) Where development is carried out after the permit validity

stipulated in this regulation has expired, or after the Development

Order under which it is 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.

(9) In the case of development that involves or entails

trenching operations, the applicant or his appointed contractor shall

apply for trenching permission as the Authority may from time to

time establish. This provision shall also cover interventions for the

provision, repair, replacement or maintenance of an individual

domestic or similar connection to existing public infrastructure

services. An application for trenching permission shall be considered

as if it were a notification in accordance with sub-article (1) if

(a)

it is submitted to the Authority and satisfies the

conditions established in sub-article (1)(b), (d) and (g); and

(b)

the works are located altogether under a legally

existing road or legally existing pavement. The Authority’s

electronic reply to such application shall be treated as a written

reply to the notification according to sub-article (3), and all the

other provisions of this regulation shall apply.