227 tal-2016 - Regolamenti tal-2016 dwar l-Ippjanar tal-Iżvilupp (Saħħa u Sanità)

L.N. 227 of 2016

DEVELOPMENT PLANNING ACT

(CAP. 552)

Development Planning (Health and Sanitary) Regulations, 2016

BY VIRTUE of the powers conferred by articles 84 and 93 of

the Development Planning Act, the Parliamentary Secretary for

Planning and the Simplification of Administrative Processes, after

consultation with the Planning Authority, has made the following

regulations:-

(1)

The title of these regulations is the Development

Planning (Health and Sanitary) Regulations, 2016.

(2) These regulations shall come into force on the 10th June,

2016

Provided that

(a)

for development applications submitted in terms of

the Act, these regulations shall apply to development

applications validated after the 10th June 2016; and

(b)

for development applications submitted in terms of

the Act, and which were validated prior to the 10th June 2016,

the applicant may, within two months from the 10th June 2016,

request the Authority to determine his application under the

provisions of Code of Police or under the provisions of these

regulations. If no communication is forthcoming, the

application shall be determined under the provisions of these

regulations.

(3) In determining development applications submitted in

terms of the Act, the Authority shall apply the provisions of these

regulations without prejudice to the provisions of article 72 of the

Act.

(1)

In these regulations, unless the context otherwise

requires

"the Act" means the Development Planning Act;

"alterations" means structural changes to buildings;

"aperture" means an opening which allows natural light and

ventilation into a habitable space;

"Authority" has the same meaning as is assigned to it in article 2

of the Act;

"back yard" means an unroofed area at the rear of the structure

which shall be an integral part of the same site, to provide adequate

light and cross-ventilation to structures with over fifteen metres

depth;

"basement" has the same meaning assigned to it in the

Development Control Policy, Design Guidance and Standards of

2015, as may be subsequently amended;

"clear height" means the distance measured from the finished

floor level up to the underside of the ceiling level. This excludes any

beams, arches and, or drop ceilings, provided that these do not take up

more than 30% of the ceiling area of the room and the clear height of

this 30% area is not less than 2.0 metres;

"commercial development" is any development related to retail,

offices, food and drink, tourism, entertainment, industrial and

warehousing, or a mixture of these uses;

"corner site" means a site located at the intersection of two

streets;

"courtyard" means an unroofed area in existing buildings

constructed up to 1967 and shall be an integral part of the same site;

"dwelling" means a structure used as a residence and it must

consist, at least, of a kitchen, bedroom, and sanitary facilities;

"habitable space" means any space larger than six meters

squared, excluding bathrooms, circulation space, walk-in wardrobes,

domestic stores, engine rooms, lift shafts, garages, games rooms and

commercial developments;

"internal yard" means an unroofed area, not located at the rear

of the structure, intended to provide adequate light and cross-

ventilation to habitable space over 15 metres depth and shall be an

integral part of the same site. The minimum width of an internal yard

shall be one metre and fifty centimetres;

"non-habitable space" means any space which does not fall

within the definition "habitable space";

"residential structure" means a building used as a dwelling;

"restricted site" means a site or a structure with a depth of

fifteen metres or less;

"shaft" means an unroofed area with sufficient area to provide

cross-ventilation and, or space for the location of ducts and gulleys

for storm and foul water.

PART I

Preamble

(1)

These regulations are applicable to new structures

and to alterations to all existing structures.

(2) These regulations are not applicable to structures

constructed in, or prior to, 1967, save alterations to these structures

done thereafter.

(1)

In particular circumstances the Authority may

deviate from the exact definition of these regulations, if there are

justified planning and sanitary reasons for this departure. Such an

exemption may be granted without detriment to the structure in

question and the neighbouring properties, and shall not affect or

detract from the liability of the perit or of any other person in respect

of the stability or safety of the structure. Any deviations are to be

justified.

(2) Any departure from these regulations shall be decided by

the Authority and shall be subject to an appeal before the

Environment and Planning Review Tribunal.

All these regulations refer to both habitable and non-

habitable spaces, unless otherwise indicated.

These regulations may be subject to other specific

conditions contained in the relevant development permit.

It shall be lawful for any official duly authorised by the

Executive Council, in the course of or after the completion of the

work, to inspect the structure in order to ascertain whether the work,

both as regards the materials used and the mode of its execution,

conforms to the provisions of these regulations. The Executive

Council may, where necessary, request the assistance of the Police

and obtain a warrant authorizing the use of force, for access.

Any infringements of these regulations shall be subject to

enforcement action. All existing developments carried out post 1967

must conform to the conditions attached to the relative development

permit or to these regulations.

The Authority may request a warranted engineer’s report, New or updated

or an updated one, in relation to any approved development in warranted

engineer’s

relation to light and ventilation matters. Failure to submit such reports report.

within the requested time shall render the use of the building as

illegal, and enforcement action may be carried out accordingly.

PART II

Of Habitable and Non-Habitable Spaces

10.(1) (a) All new development should be provided with a Rules to be

water reservoir to store and re-use rainwater run-off from the built up observed

construction of

area and having a volume that is established in Technical Guidance reservoirs.

Document F - Conservation of Fuel, Energy and Natural Resources

(Minimum Requirements on the Energy Performance of Buildings

Regulations, 2006) and any subsequent revisions.

(b) Every water reservoir shall be connected to a pump

where the extraction of water so requires.

(1)

Each dwelling unit must have a frontage on a road, Dwellings to

have frontage on

valley or coast.

a street.

(2) Habitable and non-habitable spaces may be permitted at Spaces at

basement levels provided that they comply with these regulations. In basement level.

the case of both habitable spaces and non-habitable spaces, these are

to be adequately ventilated and illuminated and include either of the

following

(a)

an external aperture above pavement level; or

(b)

an external aperture overlooking

(i) a three metre front unroofed area even if

located below street level; or

(ii) at least a three metre deep unroofed area at

the back of the structure; or

(c)

for non-habitable spaces in basements only, a

warranted engineer certifies that they are adequately ventilated

and illuminated for their intended use. The Authority may

consider ventilation grids under pavements as a source of

adequate ventilation for such non-habitable spaces in

basements.

(3) Preference should always be given to natural light and Non-habitable

spaces above

ventilation for non-habitable spaces above ground level

ground level.

Provided that non-habitable spaces may be artificially

illuminated and ventilated, subject that certification by a warranted

engineer is submitted to the Authority stating that the design can

achieve acceptable levels of light and ventilation in accordance with

recognised building codes and standards.

(1)

Every habitable space shall be served with a

minimum cumulative external aperture area of at least one metre

squared.

(2) No overlying projections shall be allowed above apertures

with a cumulative area of less than one metre squared.

(1)

All habitable spaces are to be adequately ventilated

and illuminated in accordance with the provisions of this regulation to

ensure, in the opinion of the Authority, sufficient ingress of natural

light and free circulation of air.

(2) Every dwelling, except corner dwellings, with a depth of

more than fifteen metres, requires a back yard equivalent to at least

six metres width or to the entire plot width if such plot width is less

than six metres. The depth of the back yard shall be in accordance to

regulation 16.

(3) Toilets may be mechanically ventilated.

(4) (a)

Glazed automated retractable roofing over

courtyards providing ventilation to habitable spaces may be

considered provided that

(i) natural or mechanically automated ventilation

is provided;

(ii) the design shall be certified by a warranted

engineer that it can achieve acceptable levels of ventilation

in accordance with recognised building codes and

standards.

(b)

In the case of fixed glazed roofing, side ventilation

may be considered provided that the design is certified by a warranted

engineer that it can achieve acceptable levels of ventilation in

accordance with recognised building codes and standards.

(5) When a habitable space has an irregular shape and the

external apertures do not provide direct natural light and ventilation

to all the habitable space, a projection above any such aperture shall

not exceed one metre.

(1)

In streets or open spaces which are three metres Overall height

wide or less, the overall height of the façade should not exceed twice of the façade.

the width of the street or open space, which width shall be calculated

as the clear horizontal distance between the building frontage of the

façade and the building frontage of the nearest façade on the opposite

side of the street or open space. Height to width ratio does not apply

in the case of façades fronting the seafront or land outside the

development zone.

(2) In streets or open spaces which are wider than three meters

but less than or equal to fifteen metres, the overall height of the

façade should not exceed three times the width of the street or open

space which width shall be calculated as specified in sub-regulation

(1). Height to width ratio does not apply in the case of façades

fronting the seafront or land outside the development zone

Provided that additional floors above the overall height of

the façade stipulated under sub-regulations (1) and (2) may be

allowed provided adequate setbacks from the building alignment of

the façade are introduced. The setback for the additional floors shall

be of a dimension such that the ratio of the width of the street, as

specified in sub-regulation (1), and the setback, to the overall height

of the building, including the setback floors, shall never be less than

1:2 for street widths of three metres or less and never less than 1:3 for

street widths of more than three metres. Street widths shall be

measured as stipulated in sub-regulations (1) and (2)

Provide further that there may be exceptions depending on

the site context, in which case any façades which are higher than as

provided in this regulation are to respect the surrounding context.

(3) In streets or open spaces which are wider than fifteen

meters, the overall height of the façade can exceed three times the

width of the street, as specified in sub-regulation (1), without the need

for setbacks from the building alignment of the façade.

(1)

The clear height of

Height.

(a)

a habitable space shall not be less than two metres

and sixty centimetres;

(b)

a non-habitable space shall not be less than two

metres and forty centimetres, excluding engine rooms, lift

shafts, domestic stores, walk-in wardrobes and bathrooms,

which may have a clear height of less than two metres and forty

centimetres.

(2) Any intermediate floors within the height of any space can

be accommodated provided that the clear height of the intermediate

floor shall not be less than two metres and ten centimetres and

seventy percent of the space shall remain as double volume.

(1)

Every dwelling shall have a backyard with a depth

in proportion to the height of the building. The minimum depth of

these backyards, and internal yards and projections, where applicable,

shall be as specified hereunder

Height of façade

Depth of

overlooking the

Depth of

Depth of

projection

backyard and measured

Internal

Backyard

allowed in

from the internal floor

yard

backyard

level of the dwelling

Up to 10.1m

3.0m

3.0m

1.0m

> 10.1m to 14.1m

3.9m

3.5m

1.0m

> 14.1m to 18.6m

4.8m

4.0m

1.3m

> 18.6m to 21.6m

5.7m

4.5m

1.3m

> 21.6m to 25.6m

6.6m

5.0m

1.6m

> 25.6m to 28.6m

7.5m

5.5m

1.6m

> 28.6m to 32.1m

8.4m

6.0m

1.6m

> 32.1m

9.3m

6.5m

1.6m

(2) A minimum backyard and internal yard dimension of three

metres depth must be retained for a building height up to 10.1 metres

measured from the internal floor level of the dwelling. For each

overlying additional floor, a setback of one metre and fifty

centimetres for a backyard and of ninety centimetres for an internal

yard from the underlying floor, shall apply. In instances where there is

already an existing minimum back and, or an internal yard

(a)

for the backyard, a setback of two metres and thirty

centimetres may apply for every additional two floors instead of

having a one metre and fifty centimetre setback for each

additional floor;

(b)

for the internal yard, a setback of one metre and

forty centimetres for every additional two floors may be made

instead of ninety centimetres for every floor.

(3) For structures which are not used as dwellings with a

height of the façade overlooking the backyard and measured from the

internal floor level of up to six metres and forty centimetres, the

backyard shall have a minimum depth of one metre and fifty

centimetres. The provisions of sub-regulations (1) and (2) shall apply

for overlying floors.

In the case of structures having a frontage on two streets

Backyards in

relation to

structures

(a)

no backyard is required where each unit at the same

having a

frontage on two

level has a frontage on the two streets;

streets.

(b)

a backyard for every unit with a depth as set out in

regulation 16 is required if each unit at the same level does not

have a frontage on two streets provided that the depth of

backyard may be reduced by one third of the dimensions set out

in regulation 16 when each unit at the same level are permitted

through one development permission, and provided further that

when the reduced backyard is separated by a wall constructed in

a material used in the construction of buildings, the height of

this wall should not exceed 2.2m.

If, owing to the configuration of the site on which the Where back

structure is to be constructed, the back yard cannot be of the yard

of the prescribed

prescribed length or width, the Authority may permit a smaller length length or width.

or width, provided that, in the Authority’s opinion, such smaller

length or width, having regard to the particular circumstances of the

site, is sufficient to secure such natural light and ventilation as are

required for the wholesome condition of the structure.

No projections are permissible within internal yards or Projections on

shafts, unless the said internal yards or shafts are larger than the yards.

minimum required, and the maximum extent of the projection must

not exceed the surplus to the minimum required as set out in

regulation 16.

(1)

A structure in the backyard up to three metres Rooms within

external height may be permitted provided that the requirements backyards.

mentioned in regulations 13(2) and 16 are respected.

(2) In all cases, no access to the roof of the structure is

permitted.

Where a pre-1967 building includes a courtyard, which Courtyards in

courtyard does not serve as a backyard, any proposed additional pre-1967

buildings.

floors may be constructed without necessarily having the additional

floors recessed back from the courtyard alignment as required by

regulation 16(2), provided that a warranted engineer certifies that

they are adequately ventilated and illuminated.

B

B

B

€0.90