Development Notification (Amendment) Order, 2024

L.N. 90 of 2024

DEVELOPMENT PLANNING ACT

(CAP. 552)

Development Notification (Amendment) Order, 2024

IN EXERCISE of the powers conferred by article 55 of the

Development Planning Act, the Executive Council, with the approval

of the Minister responsible for the Planning Authority, has made the

following order:-

The title of this order is the Development Notification

(Amendment) Order, 2024 and this order shall be read and construed

as one with the Development Notification Order, hereinafter referred

to as the "principal order".

Unless the context otherwise requires, words and

expressions defined in this order shall have the same meaning as

assigned to them in the principal order.

Article 2(1) of the principal order shall be amended as

(a) immediately after the definition "development plan"

there shall be added the following new definition

" "distribution system operator" shall have the

same meaning assigned to it in the Electricity

Regulations;";

(b) the definition "public utility services" shall be

amended as follows

(i) the

words

"and

electricity

and

telecommunications undertakings" shall be substituted by

the words ", electricity and telecommunications

undertakings and any other undertakings and structures

related to the electricity infrastructure"; and

(ii) in the Maltese version only, immediately after

the word "telekomunikazzjoni" there shall be added the

words "u kwalunkwe xogħlijiet oħra għall-provvista u

kwalunkwe strutturi relatati mal-infrastruttura tal-

elettriku".

Article 5(5)(a) of the principal order shall be amended as Amends article

5 of the

principal order.

(a) in sub-paragraph (i) thereof, immediately after the

word "Classes" there shall be added the words "5(ix)(a),"; and

(b) in sub-paragraph (ii) thereof, immediately after the

word "Classes" there shall be added the words "5(ix)(a),".

Schedule I to the principal order shall be amended as Amends

Schedule I to

the principal

order.

(a)

the Index to Schedule I thereof shall be amended as

follows

(i) in the Maltese version only, the words "Klassi 5

Żvilupp relatat ma’ servizzi infrastrutturali pubbliċi" shall

be substituted by the words "Klassi 5 Żvilupp relatat ma’

servizzi għall-utilità pubblika";

(ii) immediately after item (viii) "Feeder or service

pillars" of Class 5, there shall be added the following new

item

"(ix) Development related to the electrical

distribution system";

(b)

Class 5 thereof shall be amended as follows

(i) in the Maltese version only, the words

"KLASSI 5 - Żvilupp li għandu x’jaqsam ma’ servizzi

infrastrutturali pubbliċi" shall be substituted by the words

"KLASSI 5 Żvilupp relatat ma’ servizzi għall-utilità

pubblika";

(ii) in item (iv) thereof, immediately after the words

"public" there shall be added the words "water distribution

or sewage";

(iii) immediately after item (viii) thereof, there shall

be added following new item

"(ix) Development required by the electrical

distribution system operator in connection with

(a) the

construction,

alteration,

maintenance or repair of an electric power

distribution centres provided that the building

does not exceed the height of ten (10) meters

above highest road level;

(b) the

construction,

alteration,

maintenance or repair of electricity power sub-

stations provided that the building shall not

exceed the footprint of fifty (50) square metres

and does not exceed the height of four (4)

meters above highest road level;

(c) the temporary installation of any

equipment and any associated structure,

required for emergency generation of electrical

power that is installed as ancillary to existing

infrastructure use provided that the equipment

and the associated structure may be retained for

a period not exceeding five (5) years, subject to

the approval of the Environment and Resources

Authority

Provided that

(a) the site has adequate access from

the road network;

(b) ancillary infrastructure including

but not limited to cabling, pipes and, or channel

services shall be located under existing roads;

(c) aboveground level wiring, poles and

off-street trenching shall be avoided; and

(d) the design shall be in congruence

with the surrounding environment and

landscape.";

(c) in the last paragraph thereof, immediately after the

words "established in article 5(1) and (3)" there shall be added

the words "and developments falling under this class which are

located in ODZ or in protected or scheduled areas for

environmental reasons shall be subject to prior approval by the

Environment and Resources Authority.".

€0.27