on Specified Locations, 2025

L.N. 86 of 2025

DEVELOPMENT PLANNING ACT

(CAP. 552)

Order for the Notification of Development

on Specified Locations, 2025

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 Order for the Notification of Citation.

Development on Specified Locations, 2025.

CLASSES OF PERMITTED DEVELOPMENT

(article 4)

CLASS 1 – Development in zones administered by INDIS Malta

Ltd or Malta Enterprise

(a) The demolition, excavation, construction, re-

development, alteration or extension of an industrial unit or a

unit for any purposes ancillary to the main industrial unit within

industrial zones as indicated in the Subsidiary Plans and which

are administered by INDIS Malta Ltd or Malta Enterprise,

provided that

(i) the predominant use of the industrial unit falls

within one of the industrial, storage and distribution use

Classes of the Development Planning (Use Classes) Order

(S.L. 552.15), and includes any other use which is ancillary

to the predominant use;

(ii) the proposed development does not result in an

industrial unit higher than

-the height stipulated in the relevant map in Schedule

II; and

- fifteen (15) metres within all other zones

administered by INDIS Malta Ltd or Malta Enterprise,

measured from the highest street level along the

external perimeter of the unit;

(iii) the unit does not replace communal landscaped

areas or communal car parking spaces as indicated in the

Local Plans;

(iv) the unit whereby the development is being

proposed does not in any way abut on or is adjacent to any

property that is not administered by INDIS Malta Ltd or

Malta Enterprise, as the case may be;

(v) the proposed development, including the

creation or formation of a new vehicular access or any

changes to the road boundary, shall have the prior approval

of INDIS Malta Ltd or Malta Enterprise, where relevant;

(vi) 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;

(vii) it shall be subject to prior clearance of the

Building and Construction Authority;

(viii) where the applicant is not INDIS Malta Ltd or

Malta Enterprise, it shall be subject to prior clearance of

INDIS Malta Ltd or Malta Enterprise, as applicable.

(b) The construction, redevelopment, alteration or

extension of a unit (eg. substation etc.) for any purpose ancillary

to the main industrial use within zones administered by INDIS

Malta Ltd or Malta Enterprise, provided that sub-items (i) to

(viii) under item (a) of this Class shall apply mutatis mutandis.

(1)

In this order, unless the context otherwise requires

Interpretation.

"Act" means the Development Planning Act;

"Authority" means the Planning Board of the Planning

Authority established by article 63 of the Act;

"calendar year" means a period of twelve (12) months

commencing on the day on which the development or use or any

related intervention therewith commences, according to

whichever is the earliest;

"designated areas" means sites and areas identified by the

Strategic Plan for the Environment and Development or

subsidiary plans and policies, for protection, conservation or

preservation of such sites or areas, 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.

(2) Words and expressions used in this order which are

not defined herein, shall have the same meaning as assigned to

them in the Act.

INDIS Malta Ltd Zones

€1.08

(1) (a) Wherever reference is made to a specific period in

this order, 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 shutdown

of the Authority offices shall be that period established by

Schedule 4 of the Development Planning (Procedure for

Applications and their Determination) Regulations.

(2) (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 (30) metres shall not apply.

(b) In the case of an already existing building on property that

is not Outside the Development Zone 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 6 shall replace any restriction that

would otherwise be entailed by such scheduling or designation.

(c) In the case of property that is not Outside the Development

Zone 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 6 shall 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 requirements of this order, whether explicit

or implied,

the opinion of the Authority shall prevail.

(1) Development permission hereby granted for the Class Permitted

of development described in Schedule I, shall be subject to the relevant development.

provisions of the Development Planning (Health and Sanitary)

Regulations, the Development Control Design Policy, Guidance and S.L. 552.22.

Standards, the Rural Policy and Design Guidance and all other relevant

approved plans and policies in accordance the Act, exceptions,

conditions, restrictions, rules, limitations and exclusions. The

notification procedure in article 6 shall be required for the Class of

development listed in Schedule I.

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

directly or indirectly, that permission is being granted for any other

development which is ancillary to, or even indispensable or inevitable

for the proper execution of the permitted development, nor does it

exempt it from any other requirement according to law or consent from

third persons, nor provide an exemption from liability or responsibility

to any person breaching any provision of law, whether applicable

during the execution of the permission or subsequent thereto or as

consequential and involuntary damage caused.

(3) The permission granted in accordance with sub-article (1)

shall not provide an exemption 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.

(4) (a) This order shall not 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 on the basis of 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

licence issued in accordance with the Act; or

(iii) any decision taken on any application or request for

such permit, clearance or licence.

(b)

This order shall not permit development that

(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 licence required by the Act, or would prejudice the

merits of an appeal from a decision thereon.

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

authorise any development which

(a) requires or involves the formation, laying out,

substantial widening, expansion, extension or reconstruction of a

means of access to an existing road. This exclusion shall not

apply with regard to development permitted by Class 1 of

Schedule I; or

(b) creates an obstruction to the vision 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.

The requirement of a traffic impact statement shall not apply

with regard to development permitted by Class 1 of Schedule I;

(d) in the case of any works connected with the

development, that involve or include the demolition of, or may

foreseeably cause direct or indirect damage to

(i)

any rubble wall or random uniform rubble;

(ii) any dry-stone or any other similar structures

protected in accordance with the Act;

(iii) underground infrastructure;

(iv)

caves;

(v)

fossiliferous or infilled fissures;

(vi) archaeological remains;

(vii) existing historical buildings or monuments, or

archaeological remains and natural stone paving; and, or

(viii) cisterns or water galleries;

(e) results in 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 may adversely affect any building or structure

of historic value or cultural heritage value.

(6) Any works permitted in accordance with 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 Power to restrict

described in Schedule I should not be carried out unless it is covered permitted

development.

by a permit issued upon application, the Authority may by notice in the

Gazette direct that the permit granted in accordance with article 4 shall

cease to apply to the development.

(1) Development under this order shall be notified to the Notification

Authority prior to the commencement of any work, on the form procedure.

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). With

this form there shall be attached three (3) copies of all the necessary

plans and elevations, two (2) good-quality colour photographs

properly representative of the site and any 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 responsible perit;

(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 public deed which demonstrates 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 or entities, 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, which is also stamped and endorsed by the

competent authority with a reference 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) Following the validation of the notification, the Executive

Chairperson shall prepare a recommendation, within thirty (30) days

from validation, on whether the application satisfies all the

requirements of this order, which recommendation shall be referred for

authorisation to the Chairperson of the Planning Board or his delegate

who shall decide on whether to grant or refuse the authorisation of the

notification by not later than seven (7) days from the referral of the

recommendation.

(3) When deciding on the authorisation of the notification, the

Chairperson of the Planning Board or his delegate shall apply the

provisions of this order. Furthermore, when the Chairperson of the

Planning Board or his delegate decides to refuse the authorisation, he

shall provide the specific planning reasons provided by him.

(4) The Authority shall issue the decision by an electronic

means of communication within seven (7) days from the decision on

the authorisation for notification.

(5) When the authorisation for notification is granted, the

Authority shall return one endorsed copy of all the plans submitted,

clearly indicating that the works are permitted. In the event of any

discrepancy between any approved plans and the relevant provisions

of the order as communicated in the Authority’s response, the latter

shall prevail.

(6)

If the works are authorised, such authorisation by the

Authority shall be valid for a period of three (3) calendar years

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

is issued

Provided that the applicant may request an extension of the

period of validity of the authorisation which cannot exceed in

aggregate another three (3) calendar years.

(7) Where development has been carried out without the

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

development complies fully with the relevant exceptions, limitations

and conditions of this order, the notification of that development shall

be deemed to be a notification in accordance with sub-regulation (1),

except where otherwise provided in this order.

(8) Wherever development has been carried out without the

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

notification has been made and the Authority has not issued the

authorisation within the periods specified in sub-articles (2) and (4),

and such development

(a) runs counter to policies, plans or legislation approved

in accordance with the Act or the Environment Protection Act; or Cap. 549.

(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.

(9) Where development is carried out after the validity of the

authorisation stipulated in this order has expired, or after the

Development Order under which it was permitted has been repealed,

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

enforcement or other action in accordance with the Act.