DEVELOPMENT PLANNING (PROCEDURE FOR APPLICATIONS AND THEIR DETERMINATION) REGULATIONS

SUBSIDIARY LEGISLATION 552.13

DEVELOPMENT PLANNING

(PROCEDURE FOR APPLICATIONS

AND THEIR DETERMINATION) REGULATIONS

9th May, 2016 *

LEGAL NOTICE 162 of 2016, as amended by Legal Notices 454 of 2020,

162 of 2023 and 1 of 2026.

(1) The title of these regulations is the Development

Planning (Procedure for Applications and their Determination)

Regulations.

(2) These regulations shall come into force on the 9th May

2016. (3)

For those applications which

(a) have been submitted to the Authority prior to the date

of coming into force of these regulations and which do

not include the applicant’s or his representative’s, who

shall not be the perit responsible for the application,

mobile number and, or e-mail address, the Authority

shall notify the applicant of this requirement with a

letter and the applicant shall provide this information

within two months from the coming into force of these

regulations, failing which the application will be

deemed as tacitly withdrawn by the applicant;

(b) are still not valid by the date of coming into force of

these regulations, the applicant shall be notified with a

letter to indicate to the Authority, within two months

from notification, whether the applicant wishes to

continue with the processing of the application, in

which event if the applicant confirms his interest then

the application shall be processed under the provisions

of these regulations and if no confirmation is

forthcoming, the application will be deemed to have

been tacitly withdrawn by the applicant;

(c) were validated prior to 2011, the applicant shall be

informed by a letter to submit the information which

had been requested within two months, failing which

the application will be deemed to have been tacitly

withdrawn by the applicant. The letter shall inform the

applicant that the Executive Chairperson shall apply

the provisions of the Development Planning

(Procedure for Applications and their Determination)

Regulations, 2010 to those applications which comply

with the requirements of the letter;

(d) were validated between the first day of January of

*see sub-regulation (2) of regulation 1.

2011 and the coming into force of these regulations,

such applications shall continue to be processed under

the Development Planning (Procedure for Applications

and their Determination) Regulations, 2010 up to the

compilation of the report.

In these regulations, unless the context otherwise requires

"the Act" means the Development Planning Act;

"application" shall have the meaning assigned to it in these

regulations

Provided that for the purposes of a Stop or Enforcement

Notice issued under the provisions of the Act, either the submission

of an application or a validated request for screening shall be

construed as an application;

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

article 2 of the Act;

"drawing" means site plans, floor plans, elevations, sections,

block plans and any other method of illustrating a proposed

development;

"electronic system" means the eApplications infrastructure, or

any other system in use from time to time by the Authority which

system provides a secure interface enabling electronic

communications throughout the application process;

"electronic means" means electronic communication to the

electronic address provided by the applicant and registered

interested third parties;

"the Executive Chairperson" has the same meaning as is assigned

to it in article 37 of the Act;

"external consultee" means a person, including any government

agency, authority or department mentioned in Schedule 3 which is

consulted by the Executive Chairperson during the processing of a

development application;

"internal consultee" includes any body or entity established in

the Act;

"legally established greenhouses" means existing greenhouses either

covered by a development permit or visible on the 1978 aerial

photographs and which are both cases still in operation;

"material change" means any of the following

(a) a change in site configuration which increases the site

area by more than five percent and which change in the

site area does not result in a change in the

categorization of the proposal in terms of the

schedules of these regulations;

(b) an addition in the number of floors;

(c) an increase in height of the building which would

exceed the maximum height limitation in metres;

(d) an increase in volume, area or units by more than ten

percent that does not result in a change in the

categorization of the proposal in terms of the

schedules of these regulations;

(e) a change in the proposed use which does not fall

within article 3(1) of the Development Planning (Use

Classes) Order, 2014;

(f)

a change in the official alignment of the building;

(g) a change in the positioning of development/s within

the site but which would fall within an area subject to

additional constraints; or

(h) a change in the positioning of the development/s

vehicular access which will result in such vehicular

access being located in a different road;

"Minister" means the Minister or Parliamentary Secretary under

whose portfolio the Authority is included;

"other consultees" means any department, agency, authority or

other body corporate wholly owned by the Government but not

being an external consultee, or an internal consultee, which may be

consulted by the Executive Chairperson during the processing of a

development application;

"outline development permission" means a permission which

gives approval in principle to the proposed development, but

specifies reserved matters which need to be included in a full

development permit application or applications. A period of time

shall be stated within which the full development permit

application or applications shall be submitted, failure of which

would render the outline development permit null. Such period

shall in no case exceed five years;

"recommendation " means the reply lodged by an external

consultee or any other consultee, which may either indicate a no

objection to an application, or an approval of the application

subject to conditions indicated by the external consultee or any

other consultee or that the application is objectionable for reasons

indicated by the external consultee or by any other consultee;

"renewal application " means a development application

submitted in respect of the same site for which permission has

already been granted and is still valid and which requests to extend

the validity period of the said permission by such further period as

stipulated in the same application, without any changes whatsoever

to the approved plans, documents and conditions in the permission;

"report" means the report prepared by the Executive Chairperson

in relation to an application for a development;

"perit" or "partnership of warrant holders" has the same meaning

as is assigned to it in the Periti Act;

"Planning Board" has the same meaning as is assigned to it in

article 63 of the Act;

"screening " means the process during which the proposed

development is preliminarily assessed by the Executive

Chairperson at the request of an applicant;

"Tribun al " means the Envi ron ment and Plann ing Review

Tribunal as defined in the Environment and Planning Review

Tribunal Act;

"valid application" has the same meaning assigned to it in

regulation 4.

Development Planning Applications

(1) The applicant must always request the Executive

Chairperson to conduct screening of any development falling under

Schedule 1, which screening shall be carried out in consultation

with the external consultees

Provided that the applicant may opt to submit an outline

development application instead of a screening request.

(2) The applicant may not request the Executive Chairperson to

conduct screening of any development whenever

(a) a separate outline development application has been

submitted;

(b) a valid outline development permission has been

issued;

(c) a summary procedure application has been submitted

as established in Schedule 2;

(d) such development falls outside the provisions of

Schedule 1.

(3) When the applicant has, in terms of sub-regulation (1),

requested the Executive Chairperson to conduct screening of the

development proposed, the Executive Chairperson shall, within two

weeks, inform the applicant and the perit of any additional initial

submission requirements. If the applicant fails to comply with the

requirements indicated in the notification within twelve weeks, the

screening request shall be deemed tacitly withdrawn by the

applicant.

(4) The screening process shall be finalised within eight weeks

from the submission of a request in full by the applicant and the

applicant and the perit shall be informed of the respective date.

(5) The Executive Chairperson shall notify the applicant and

the perit with a screening letter which will include all or any of the

following

(a) a reference to those major issues, policies and

regulations with which the proposed development does

not conform, namely considerations relating to

demolition, land-use zoning, height limitation,

constraints, environment, enforcement, and other

issues, policies and regulations directly relating to the

principle of the development;

(b) additional submissions, studies, assessments and

documentation required;

(c) the fees and contributions which shall be payable to

the Authority in accordance with the provisions of

regulations relating to fees and contributions;

(d) a date within which the development application has to

be submitted in accordance with the requirements set

out in the screening letter, which date shall not be

more than twenty-six weeks and which period may be

extended by the Executive Chairperson at the request

of the applicant

Provided that unless the requirements of the screening letter

are complied with within the twenty-six weeks or within the period

as extended by the Executive Chairperson, the screening request

shall be deemed tacitly withdrawn by the applicant.

(6) For the purposes of the provisions of the Environment and

Planning Review Tribunal Act, only the items mentioned in sub-

regulation (5)(b) and (c) shall be construed as a decision of the

Authority and it is only on such decisions that the applicant may

lodge an appeal therefrom before the Tribunal. The appeal shall be

filed in accordance with the provisions of the Environment and

Planning Review Tribunal Act.

In the case of an appeal before the Tribunal, the terms

established in accordance with the provisions of sub-regulation

(5)( d ) shall commence to run from the date of the final

determination of the appeal.

(7) Where the applicant, not having lodged an appeal in terms

of sub-regulation (6), and after having paid the fees and

contributions payable to the Authority, formally requests the

validation of the application without full submission of the

requirements set out in the screening letter, the application will be

validated and shall be referred for refusal on the basis of lack of

information.

(8) Where a screening request has been made and the

development application as submitted is not compiled as stated in

regulation 4(2), including all outstanding fees and contributions,

the Executive Chairperson shall within two weeks from submission

inform the applicant and the perit that the development application

is not compiled in full. The Executive Chairperson shall allow a

term not exceeding two weeks from the date of such notification

within which the applicant shall comply to enable the validation of

the application. The Executive Chairperson may extend the period

of submissions provided such extensions in aggregate do not

exceed eight weeks from date of submission of application. If the

applicant fails to comply within the extended period, the

development application and its accompanying documentation shall

not be validated and no further consideration shall be given to such

a development application by the Executive Chairperson, which

application shall be deemed as tacitly withdrawn by the applicant.

(1) The development application shall only be considered

as valid if it is submitted as stated below and has been published on

the website of the Department of Information. The Authority shall

establish such date, as from when it considers the application to be

valid, as the ‘validation date’.

DEVELOPMENT PLANNING (PROCEDURE

FOR APPLICATIONS AND THEIR DETERMINATION)

(2)

A development application shall consist of the following

(a) the completed application form wherein

(i)

all sections of the form shall be filled in

correctly in the electronic submission. Moreover

no section or question shall be left blank and

where sections or questions are irrelevant, they

shall be marked accordingly. Where a yes or no

or similar answer is required, one of the

alternatives shall be correctly selected. The

original signed application form shall be

retained by the perit who submitted the

application and a scanned copy of the original

signed application form shall be uploaded on the

electronic system.

(ii) the particulars of both applicant and perit should

be fully and clearly indicated, particularly the

name, address, mobile number, valid e-mail

address and identity card number, or passport

number. Contact details of the perit or of the

partnership of warrant holders as well as the

warrant number of the perit, or partnership of

warrant holders are obligatory;

(iii) in the case of applications that are submitted on

behalf of a body corporate or by a partnership of

warrant holders, an identifiable individual, duly

authorised by the body corporate and, or the

warranted partnership, shall take responsibility

for the application on behalf of the body

corporate and, or warranted partnership.

Accordingly, the particulars of the individual

person are still required;

(iv) unless a perit is submitting his own personal

application, the applicant’s name, address,

mobile number, valid e-mail address and identity

card number or passport number, shall be always

provided and they may not be substituted by a

repetition of the perit’s contact details. In the

case of a body corporate the relevant company/

partnership registration number is always to be

clearly indicated;

(v) only one type of application that correctly

corresponds to the proposed development shall

be processed. Renewal applications shall be

filed separately from any other application;

(vi) the description of the development should be

clear and in detail. It should include, inter alia

-

the overall type of development;

-

the existing and proposed use or uses;

-

the number and type of units (such as

dwellings, garages, shops, offices);

-

in the case of alterations, a concise but

complete summary of proposed works

including a comprehensive outline of the

differences between the original proposal

and the new proposal;

-

in the case of extensions, the location and

number of floors;

-

full details of sanctioning

when

an

application is to sanction

Provided that proposals that contain

conflicting details will not be acceptable;

(b) a full set of fully dimensioned drawings is required for

all types of development. In the case of renewal

development applications, re-submission of plans is

not required and shall not be allowed by the electronic

system. Such drawings should be clear enough to

enable printing without loss of detail. All text entries

contained therein should be clearly legible without the

need for magnification;

(c) a most recently available correctly marked site

location plan as available at the date of submission;

(d) at least three good quality colour photographs

faithfully showing the current state of the site and its

surroundings. The photographs shall be taken from

three different angles;

(e) drawings listed with their title, date of issue and the

perit’s unique reference number. Legends and

dimensions on drawings should be clear and legible;

(f)

mandatory site-related information;

(g) additional supplementary information which may be

required; and

(h) any fees and contributions due in relation to the

proposed development

Provided that if the development application is not

compiled in full, the Executive Chairperson shall within two weeks

from submission inform the applicant and the perit that the

development application is not compiled in full. The Executive

Chairperson shall allow a term not exceeding twelve weeks from

the date of such notification within which the applicant shall

comply to enable the validation of the application. If the applicant

fails to comply, the development application and its accompanying

documentation shall not be validated and no further consideration

shall be given to such a development application by the Executive

Chairperson, which application shall be deemed to be tacitly

withdrawn by the applicant.

(3) When a screening request has been made as stated in

regulation 3, the development application shall be submitted within

the period established by the Executive Chairperson in the

screening letter and shall consist of all the requirements indicated

in sub-regulation (2) together with any updated or new

documentation including studies and other requirements, as set out

in the screening letter; unless the period for submission of the

development application has been extended in terms of regulation

3(5)(d).

(4) The requirements established under sub-regulation (2)(a),

(c), (d), (e), (f), (g) and (h) shall mutatis mutandis apply to an

outline development application. In the case of outline

develop ment application s, in li eu of sub-reg ulation (2)(b) ,

appropriate drawings shall be submitted by the perit which shall

contain such detail as to enable the determination of the principle

of the development.

(5) The requirements established under sub-regulation (2) shall

mutatis mutandis apply to the screening request.

(1) Changes to the screening request or the application,

drawings or documents may be made by the applicant

(a) during the period between the screening letter and the

validation date of the application or between the

submission date of the development application and

the validation date

Provided that in the event that any changes constitute a

material change that necessitate a change in the

building levy and, or any additional fees, such building

levy and additional fees shall be paid according to the

provisions of the regulations relating to fees within the

period specified by the Executive Chairperson

Provided further that when a request for screening is

made in terms of regulation 3(1), the application shall

continue to be processed without the issuance of a

further screening letter unless the changes to the

application, drawings or documents necessitate further

studies and, or raise new issues;

(b) after validation date and during the processing of the

application, but prior to the finalisation of the report,

provided that the changes constitute a minor

amendment as defined by regulation 15 and provided

that if there has been a request under regulation 12(1)

it has been duly complied with.

(2) Changes in the application, drawings or documents which

do not constitute a material change may be made by the applicant at

the request of the Executive Chairperson at any time during the

processing of the application and this within the time frames given

by the Executive Chairperson.

(3) Changes in the application, drawings or documents which

constitute a material change may be made by the applicant at the

request of the Executive Chairperson at any time during the

processing of the application and this within the time frames given

by the Executive Chairperson

Provided that when the applicant agrees to such a material

change which involves additional fees, such fees shall be paid by

the applicant according to the provisions of the regulations relating

to fees within the period specified by the Executive Chairperson.

(4) When a material change in the application, drawings or

documents is requested as aforesaid and is subsequently made, the

procedures set out in regulation 6(1) to (5) shall apply.

(5) Any change of applicant or of the perit may only be made

through a form established by the Authority and electronically

submitted. The original signed application form shall be retained

by the perit who submitted the original application and a scanned

copy of the original signed application form shall be uploaded on

the system. A copy of the original signed application form shall be

given by the perit who submitted the original application to the

perit who assumed responsibility for the application.

(1) The Executive Chairperson, upon receipt of any

development application submitted under these regulations, and

following the assignment of the appropriate planning application

number, shall cause the proposal contained in the application

together with the name of the applicant to be published on the

website of the Department of Information and also advertised by

means of a notice affixed on site.

(2)

The Executive Chairperson shall be responsible to

(a) affix the notice on site and the applicant shall be

responsible to ensure that the notice remains affixed

on site for the period stipulated in the said notice. An

administrative fine may be imposed on an applicant for

failure to retain the notice affixed on site for the period

stipulated in the said notice;

(b) make electronically available to the local councils the

list of development applications pertaining to their

locality and the local council shall publicize and

maintain updated such a list in the manner it deems

appropriate.

(3) The Executive Chairperson shall inform the applicant and

the perit that the notice has been affixed on site.

(4) In the case of a development application for a development

mentioned in Schedule 1, the notice on site shall be in a format

established by the Executive Chairperson and shall be placed by the

applicant in those areas specified by the Executive Chairperson.

The applicant may also be requested to place additional adverts in

local newspapers and to hold consultations in relation to such an

application and the term for any person to declare an interest in the

said application in accordance with the provisions of the Act shall

apply for each advert.

(5) In the case of a development application for a development

which falls within the remit of the Seveso III Directive [Directive

2012/18/EU] the Executive Chairperson shall upon the assignment

of the appropriate planning application number cause the proposal

contained in the application together with the name of the applicant

to be published on the website of the Department of Information

separately from other development applications and in a prominent

manner. The applicant may also be requested to place additional

advertisements in local newspapers and to hold consultations in

relation to such an application and the term for any person to

declare an interest in the said application in accordance with the

provisions of these regulations shall apply for each advertisement.

(6) Upon the determination of any application submitted under

these regulations, the Executive Chairperson shall establish the

publication date of the decision which shall not be later than fifteen

days from such decision. The proposal together with the name of

the applicant and a note as to whether the application has been

approved or refused shall be published on the website of the

Department of Information.

Prior to the publication date, a non-executable permit or a

full development permit or an outline development permit shall be

issued. In the case of a non-executable permit, this shall not be

republished upon the issuance of the full development permit. The

validity of the permit shall run from the publication of the decision.

(7) For the purposes of these regulations and of article 34 of

the Act, exchange of all communications, including the submission

of a screening request or a development application, and any

notification or service of a decision, between the Authority and the

perit, the applicant, the external consultees and any other consultee

and the registered interested parties shall be made in the following

manner

(a) with the perit, through the Authority’s electronic

system;

(b) with the applicant, by electronic means;

(c) with the external consultees and with the other

consultees, through the Authority’s electronic system;

(d) with the registered interested parties, by electronic

means.

(1) Where applicable, the Executive Chairperson shall

consult the Agricultural Advisory Committee and the Design

Advisory Committee.

(2) The Executive Chairperson shall establish time-frames not

exceeding thirty days within which these Committees shall submit

their representations.

(3) Failure to comply with these time-frames shall be construed

as a no objection by the said Committees;

(4) No late submissions will be accepted from such

Committees. A rejection notification to the Committees that proves

the date of submission shall be uploaded on the electronic system

Provided that in the event that no representations are sent

by these Committees, the Planning Board may still apply the

conditions as deemed necessary.

(1) The Executive Chairperson shall cause any application,

except those falling under Schedule 2 in accordance with regulation

18(1), to be notified to the external consultees indicated in

Schedule 3 and such notification shall take place by not later than

the date of publication on the website of the Department of

Information of the notice of an application

Provided that for applications which fall under Schedule 2

which necessitate consultation with the National Commission

Persons with Disability (KNPD), the Executive Chairperson shall

notify the National Commission Persons with Disability (KNPD)

officer within the period stipulated in regulation 11(2)(b).

(2) External consultees shall submit their recommendations

within thirty days from such notice.

(3) Failure to comply with these time-frames will be construed

as a no objection by the said external consultees.

(4) No late submissions will be accepted from such external

consultees. A rejection notification to the external consultee

proving the date of submission shall be uploaded on the electronic

system

Provided that in the event that no recommendations are sent

by the external consultees, the Planning Board may still apply any

conditions as deemed necessary.

(5) External consultees shall be notified of the date of the

sitting of the Planning Board during which the said application

shall be discussed and determined by the Planning Board and shall

also be invited to be present at the sitting.

(6) The provisions of this regulation shall apply mutatis

mutandis to other consultees.

Recommendations by the external consultees, other

consultees and representations by the Agricultural Advisory

Committee and the Design Advisory Committee are not binding on

the final decision of the Planning Board. When the

recommendation of the external consultees and, or other consultees

indicates an approval subject to a condition that a further

authorization is required from the relevant external consultee and,

or other consultee, and the Planning Board decides to grant a

development permission, it shall include this condition requiring an

authorization from the relevant consultee and, or external consultee

as part of the development permission.

All external consultees, other consultees and the applicant’s

perit shall register with the Authority through the Authority’s

electronic system.

(1) Any person may declare an interest in any

development application made under these regulations, in

accordance with the provisions of article 71(6) of the Act, and may

make representations thereon.

(2)

Such an interest must be registered with the Authority

(a) within thirty days from the date of publication of the

notice of an application on the website of the

Department of Information in the case of applications

falling outside the provisions of Schedule 2;

(b) within fifteen days from the date of publication of the

notice of an application on the website of the

Department of Information in the case of applications

falling within the provisions of Schedule 2

Provided that such periods may be shortened to seven days

in urgent cases as may be indicated in the publication.

Provided further that if the last day for submissions as set

out in this sub-regulation is a public holiday or a day when the

offices of the Authority are closed to the public, the time limit for

such submissions shall be deemed to expire on the next following

working day.

(3) Such an interest must be registered by any means of

communication, written or electronic, in the Maltese or English

language, and must include an electronic address which will be

used for any future exchange of communication between the

Authority and the registered interested party.

(4) For the purposes of these regulations and of article 71(6) of

the Act, any notification or service of a decision to such a

registered interested party in terms of sub-regulation (1) shall be

made by the Authority in accordance with the provisions of

regulation 6(7).

(1) The applicant shall comply with a request for a change

of drawings, including a revised development profile form, or any

documents as requested by the Executive Chairperson within

fifteen days from such a request. The applicant may request an

extension which cannot exceed in aggregate two years for

development applications falling within Schedule 1 and six months

for all other development applications falling outside Schedule 2.

Failure to submit within these periods shall be construed as a

refusal by the applicant to comply with such a request and the

Executive Chairperson shall process the development application

on the basis of the last submission received.

(2) If, following the consultation period established in

regulation 8(2), revised drawings and, or a revised development

profile form and, or other documents are submitted by the applicant

as stated in sub-regulation (1), the Executive Chairperson shall

notify any of the external consultees indicated in Schedule 3, and,

or any other consultee and, or the Agricultural Advisory Committee

and the Design Advisory Committee, where applicable, within five

days from receipt of such revised drawings or documents

Provided that no further consultation may be carried out

following a second consultation.

(3) External consultees, other consultees and the Agricultural

Advisory Committee and the Design Advisory Committee shall

comply with a second request for consultation by the Executive

Chairperson and shall submit their recommendations within fifteen

days from such request.

(4) Failure to comply with the time-frames referred to in this

regulation shall be construed as a no objection. No late submissions

will be accepted. A notification of rejection to the external

consultee and, or any other consultee and the Agricultural Advisory

Committee and the Design Advisory Committee that proves the

date of submission shall be uploaded on the electronic system.

(5) The Executive Chairperson shall cause a copy of the report

compiled in relation to the proposed development to be

communicated to the perit and the applicant. The perit and the

applicant shall be allowed to make submissions on the said report

within ten days from the date of communication of the report

Provided that, for an application subject to the process of an

Environmental Impact Assessment, the perit and the applicant shall be

informed about the final report of the Environment and Resources

Authority issued pursuant to the process of an Environmental Impact

Assessment.

(6) Any person who has declared an interest and has complied

with the terms of regulation 11 in the said application, as aforesaid,

shall

(a) be notified by the Executive Chairperson with the

revised drawings and, or a revised development profile

form and, or other documents within five days from

receipt of said drawings and, or documents;

(b) be informed of the date of completion of the report

compiled and shall be allowed to make representations

on the said report by not later than ten days from the

date of the communication of the report; and

(c) be informed by the final report of the Environment and

Resources Authority, issued pursuant to the process of an

Environmental Impact Assessment, for those applications

subject to the process of an Environmental Impact

Assessment.

(7) Any such notification of the report shall also include the

date of the sitting of the Planning Board during which the said

application shall be discussed and determined by the Planning

Board.

(8) Late submissions, representations or recommendations

shall be rejected. A notification of rejection to the party that proves

the date of submission shall be uploaded on the electronic system.

Submissions, representations or recommendations with

erroneous reference numbers will not be considered.

(1) Subject to the provisions of the Act and of these

regulations, the Planning Board shall appoint the first sitting during

which the application for a development shall be discussed by the

Planning Board within one hundred days from the validation date

Provided that the above time period shall not apply to

development applications falling within the provisions of Schedule

2

Provided that the above period shall be extended by further

DEVELOPMENT PLANNING (PROCEDURE

FOR APPLICATIONS AND THEIR DETERMINATION)

periods whenever an extension may be required under these

regulations

Provided further that the Executive Chairperson may

withdraw any application from the agenda for further review as

deemed necessary.

(2) The terms established in sub-regulation (1) shall not be

suspended unless

(a) otherwise provided for in the Act; or

(b) whenever the Minister communicates to the Authority

that a particular policy is being revised, and in such

case, the Authority shall notify the public of such an

intention by means of a publication on its official

website and the Planning Board receives a request of

an applicant within the period established in regulation

12(5). This suspension shall remain in force until the

policy to be revised comes into force or unless the

applicant withdraws the request for suspension.

(3)

In the circumstances where

(a) the Executive Chairperson is required to cause the

proposal together with the name of the applicant to be

re-published on the website of the Department of

Information and also re-advertised by means of a

notice affixed on the site, then the term established

under sub-regulation (1) shall be automatically

extended by a period of six weeks;

(b) the applicant makes a request, within the time-frame

set out in regulation 12(5), for a deferral of the sitting

of the Planning Board based on a valid reason, and

such a request is upheld, the term established under

sub-regulation (1) shall be automatically extended by a

period of four weeks.

(4)

(a) The Planning Board shall decide and determine any

application during the first sitting, saving if a request

for suspension or deferral has been upheld. During the

first sitting, the Chairman of the Planning Board shall

request each member of the Board present for the first

sitting to express a provisional opinion on the

recommendation of the Executive Chairperson. If the

majority of members of the Planning Board present for

the first sitting express a provisional opinion that,

given no further clarification, their intention is to go

against the recommendation if the Executive

Chairperson, the Planning Board shall, in addition to

the requirements of the Act, defer the determination of

the application within a period not exceeding six

weeks, propose a list of conditions or reasons for

refusal, and add comments in the committee notes

section of the report. The perit , the applicant,

registered interested parties, the external consultees

and, or other consultees shall be informed of the

Planning Board’s proposal prior to the date of the

deferred sitting

Provided that, for an application subject to the process of an

Environmental Impact Assessment, the Planning Board

shall also take into account the final report of

Environment and Resources Authority, issued pursuant to

the process of an Environmental Impact Assessment.

(b) The Planning Board may

(i)

request the applicant to file fresh plans and

documents, in which case the Planning Board

shall give reasons for such a request and

provided that the request shall not constitute a

material change;

(ii) request the applicant to furnish further

information, in which case the Planning Board

shall give reasons for requiring such further

information; or

(iii) consult in terms of article 31 of the Act, in

which case the Planning Board shall give

reasons for requiring such consultation;

in which case the Planning Board shall, during the

sitting put off the decision on the application and

establish a date for the next sitting for the

determination of the application, such date being not

later than six weeks from the date of the last sitting

Provided that any external consultees, and, or any other

consultees and, or person who has made submissions on the

application in terms of article 71(6) of the Act shall be informed

that such fresh plans and documents, further information and

replies to consultation in terms of article 31 of the Act have been so

filed and shall also be invited to be present at the Planning Board’s

sitting, as the case may be, when such application shall be

discussed

Provided that any fresh plans and documents, and any

further information and replies to consultation in terms of article 31

of the Act as above stated, have to be submitted at least fifteen days

before the date of the next sitting and shall be directly referred to

the Planning Board

Provided further that the Planning Board may also delegate

to the Chairperson or any of its members, the power to endorse any

revised plans or documents relating to any application under its

consideration but shall not delegate such power to the Executive

Chairperson.

(5) If the Planning Board imposes the payment of a fine,

planning gain or any other contribution, or the provision of a

financial guarantee or any other requirement, as a condition for the

approval of a development application, the applicant shall, unless

otherwise instructed by the Planning Board through the parameters

as set out in any regulations relating to fees and contributions,

make such a payment within a period of six months from the date of

notification of a notice to this effect, failing which, the application

will be dismissed.

(6) The Planning Board shall be authorised to amend the

proposal of any application so as to better reflect the principle of

the development without the need to comply with the provisions of

regulation 6(1) to (5). However the amendments may not depart

from the scope of the development or affect negatively the vested

rights of the applicant.

(7) The decision notice shall be communicated to the applicant,

the perit, external consultees, any other consultees and any

registered interested party, within fifteen days from the date of the

decision.

(8)

For the purposes of these regulations

(a) a copy of any approved drawings or documents shall

be served by the Planning Board to the perit by

electronic means;

(b) a copy of any approved drawings or documents shall

be served by the Planning Board to the applicant by

normal post to the postal address of the applicant as

indicated in the application form.

The term mentioned in article 13 of the Environment and

Planning Review Tribunal Act shall commence from the date of

publication of the notice of the decision on the website of the

Department of Information in accordance with the provisions of

regulation 6(6).

(1) An applicant shall be allowed to apply for a

reconsideration of a decision of the Planning Board within thirty

days from the date of publication of the decision on the website of

the Department of Information. A request for a reconsideration may

only be made in relation to a fine or a condition imposed in the

decision of the Planning Board. The request for reconsideration

shall be made on the prescribed electronic form and shall be

accompanied with the required fee.

(2) No change in the application, drawings or documents may

be allowed at reconsideration stage. The request for reconsideration

can only be made by the same perit and applicant of the original

application, unless the change of perit and, or the change of

applicant procedures are followed.

(3) The provisions of regulations 11(4) and 13(5) shall apply

mutatis mutandis to the procedure to be used by the Planning Board

in the processing of the request for a reconsideration.

(4) The reconsideration hearing shall be held within thirty days

from receipt of the request for reconsideration. The perit, the

applicant and registered interested parties shall be notified of the

sitting date as required.

(5) If an appeal has been lodged with the Tribunal by any party

other than the applicant in accordance with the provisions of article

77(3) of the Act and the applicant submits a request for

reconsideration in accordance with the provisions of this

regulation, the procedures before the Tribunal shall be suspended

until the request for the reconsideration has been determined and a

copy of the decision has been submitted to the Tribunal by the

Planning Board, and any time periods established under the

provisions of Environment and Planning Review Tribunal Act in

relation to the procedures before the Tribunal shall commence from

t h e d a t e o f r e c e i p t b y t h e Tr i b u n a l o f t h e d e c i s i o n o n t h e

reconsideration.

(6) No reconsideration may be lodged by the external

consultees, and, or any other consultees or any registered interested

party.

(1) Minor amendments requests can only be submitted to

amend approved drawings and documents of development

permissions and are to be made by the same perit and applicant of

the original application, unless the change of perit and, or the

change of applicant procedures are followed.

(2) Conditions of permissions cannot be amended through the

minor amendments procedure.

(3) An amendment to approved drawings and documents shall

be considered as minor when it relates to

(a) changes which refer to a development otherwise

permitted through a development order;

(b) amendments which satisfy all of the following

specifications

(i) do not result in a development that no longer

accords with the character of the surrounding

area;

(ii) do not significantly alter the overall form or

nature of the development;

(iii) do not involve a change of use or change in the

number of permitted units;

(iv) do not affect the substance or overall form of a

landscaping scheme;

(v) do not entail the need for further onsite parking

provision which cannot be physically provided

on site;

(vi) do not constitute a material change from the

previously approved drawings;

(vii)

do not extend beyond the building or site

boundaries as defined on the approved site plan

and drawings; and

(viii) do not affect the objections raised during the

public consultation period where they have been

material to the decision.

(4) Requests for minor amendments are to be submitted

through the electronic system, provided that

(a) the minor amendment application form is used and

duly filled in; and

(b) the permission has not expired and it is still valid.

(5)

The minor amendment request shall include

(a) amended drawings and documents;

(b) the correct fee due; and

(c) any revision or update of approved documents, where

applicable.

(6) Each drawing must indicate clearly all the proposed

changes in conventional colours. The colour coding needs to be

indicated on the same drawing. The same number and format of

drawings (including positioning of floor plans, elevations, sections

on drawings) shall be retained.

(7) Revisions to approved documents may arise from the

proposed minor amendments, such as amendments to Fire Safety

and Ventilation Reports, Accessibility Audit Reports, Restoration

Method Statements, or conditions set out by other authorities or

Government Departments. In such cases, the relevant clearance

should be sought by the Executive Chairperson from the relevant

consultee. The relevant consultees are to reply within fifteen days,

failing which it shall be considered that no objections arise from

the revision. No late submissions will be accepted. A notification to

the consultee that proves the date of late submission shall be

uploaded on the electronic system.

(8) Requests for minor amendments are to be dealt with by the

Executive Chairperson and a decision is to be issued not later than

thirty days from a complete electronic submission.

(9) Registered interested parties shall be notified of the receipt

of a request for minor amendments. Where a registered interested

party submits an objection to the minor amendment within fifteen

days from the notification of receipt of a request for a minor

amendment, the request for minor amendments shall be processed

by the Executive Chairperson and a recommendation shall be

referred to the Planning Board and this in no case later than thirty

days from submission of the request for minor amendment.

(10) Any requests for minor amendments which do not conform

with any of sub-regulations (1) to (9) shall be refused by the

Executive Chairperson or the Planning Board, as the case may be,

provided that the deciding body clearly specifies the reasons for

refusing such requests. There shall be no refund of the fees paid.

The conditions of the original permission shall always

remain valid and the development, as amended, shall still be

subject to those conditions. The validity of the minor amendment

approval expires with the validity of the permission.

(11) There shall be no right of reconsideration or appeal, from a

decision on a request for minor amendments. Where the request

cannot be considered through the minor amendment procedure or

the development order, a full development application shall be

submitted.

The periods established in these regulations shall be

suspended during such period as specified in Schedule 4.

(1) When an application is submitted on a site which is

subject to an enforcement notice, the Planning Board may dismiss

the application unless the illegal development is included for

sanctioning and, or any payments due as a result of any

enforcement notice on site are settled prior to the issue of the

permission.

(2) The illegal development may either be regularised through

a specific development application made solely for that purpose or

through a development application which includes the sanctioning

of illegal development as well as the proposed new development.

(3) Where sanctioning of illegal development is being

requested in a development application, the proposal description

and the drawings shall clearly indicate the development which is to

be sanctioned so as to ensure that the illegal development forms

part of the development application.

(4) The proposal description of a development application and

the drawings submitted may not propose the removal of illegal

development from the site. The development application shall

include only illegal development which is proposed to be

sanctioned. Any illegal development which is not indicated for

sanctioning in a development application shall be removed prior to

the issue of a development permission, provided that where the

application is determined by the Planning Board, or the Tribunal

subject to the removal of the illegal development prior to the issue

of the development permission, the period by which the applicant is

required to comply with this requirement shall not exceed six

months or within a period specified by the Planning Board or the

Tribunal, failing which, the application may be dismissed by the

Planning Board or the Tribunal, as the case may be.

(5) Where parts of a site or building are illegal, permission for

new development elsewhere on the site or on the building shall not

be refused solely because there are illegalities on the site or on the

building, subject, however, to all of the following conditions

(a) the illegal parts do not form part of the application;

and

(b) granting permission for the new development will not

physically prevent, hinder or make difficult

enforcement action, either for the removal or for the

rectification, of the illegal parts; and

(c) the applicant has no control, whether directly or

indirectly, over the illegal parts and the applicant was

not involved directly or indirectly in the illegal

development, even if the development formed part of a

larger development which includes the illegal parts.

(1) Applicants may apply for a Summary Procedure

Application whenever the proposed development is included in

Schedule 2 and it complies with all relevant applicable plans,

polices and regulations

Provided that for those applications which are subject to

this regulation and which have been notified to the National

Commission Persons with Disability (KNPD) officer in terms of

regulation 8(1), the notification procedure shall form an integral

part of the summary procedure and shall be regulated by the

provisions of this regulation. The provisions of regulation 8(2) and

(3) shall not apply.

(2)

The application shall be accompanied by

(a) all the drawings, documents, fees and contributions

specified in regulation 4(2)(a) to (h); and

(b) a report explaining how the application complies with

all relevant applicable plans, policies and regulations

and that it should be processed under the Summary

Procedure

Provided that if the development application is not

compiled in full, the Executive Chairperson shall within two weeks

from submission inform the applicant and the perit that the

development application is not compiled in full. The Executive

Chairperson shall allow a term not exceeding twelve weeks from

the date of such notification within which the applicant shall

comply with the request for further drawings, documents, fees and

contributions as necessary. If the applicant fails to comply, the

development application and its accompanying documentation,

shall be given no further consideration by the Executive

C h a i r p e r s o n , w h i c h a p p l i ca t i o n s h a l l b e d e e m ed a s t a c i t l y

withdrawn by the applicant.

(3) If no representations on a Summary Procedure Application

are received within the period stipulated in regulation 11(2)(b), the

Executive Chairperson shall prepare a recommendation on whether

the application satisfies all the requirements of these regulations

and the development is included in Schedule 2, which

recomendation shall be referred for a decision to the Chairperson of

the Planning Board or his delegate who shall decide the application

by not later than six weeks from the publication of the application.

(4) If representations on a Summary Procedure Application are

received within the period stipulated in regulation 11(2)(b), the

Executive Chairperson shall evaluate the merits of the

representations and shall prepare a recommendation on whether the

application satisfies all the requirements of these regulations and

the development is included in Schedule 2, which recommendation

shall be referred for a decision to the Chairperson of the Planning

Board or his delegate who shall decide the application by not later

than six weeks from the publication of the application.

(5) If the Chairperson of the Planning Board or his delegate

deems that the representations have any planning merits, he shall

not accept the application and the provisions of sub-regulation (8)

shall apply.

(6) If the application is accepted by the Chairperson of the

Planning Board or his delegate, he shall validate the application

and a full development permission shall be issued within five days

and the decision shall be published on the website of the

Department of Information by not later than fifteen days from the

date of such decision.

(7) If post-decision fees are due and the application is accepted

by the Chairperson of the Planning Board or his delegate, he shall

validate the application and a non-executable permit shall be issued

within five days and the decision shall be published on the website

of the Department of Information by not later than fifteen days

from the date of such decision. A notification of the further

payments required, which further payments shall be paid within six

months from notification, shall be sent to the applicant and the

perit. If the applicant fails to pay the fees due as indicated in the

notification, the non-executable permit shall be withdrawn and the

application shall be dismissed.

(8) If the application is not accepted by the Chairperson of the

Planning Board or his delegate, the decision shall be notified to the

perit, the applicant and to any registered interested party where

applicable. The application shall then be referred to the Executive

Chairperson to be further processed and the provisions of these

regulations relating to development applications shall mutatis

mutandis apply.

(9) A non-acceptance of a summary procedure application may

not be appealed.

(1) Whenever a development application is submitted for

a Project of Common Interest [EU Reg (EU) no 347/2013] or a

development application is submitted which falls within the remit

of the Seveso III Directive [Directive 2012/18/EU] the Authority

shall ensure that the necessary information is made available and

transmitted to the public and the necessary public consultations are

carried out in accordance with the relative regulations and, or

directives, as amended from time to time, in order to ensure that the

public is informed and has sufficient time to prepare and participate

effectively.

(2) The Authority shall moreover ensure that any such

development applications are decided upon within any time-frames

as may be established by the relative regulations and, or directives

and in such manner as to ensure efficient administrative processing

whilst the level of protection of the environment remains the same

or is increased and to ensure public safety as may be determined by

competent authority for the control of major accident hazards.

(3) In the determination of applications for Projects of

Common Interest [EU Reg (EU) 347/2013] the Planning Board

shall adopt the integrated scheme in accordance with the relative

European Union regulations and, or directives as amended from

time to time.

Prior to the commencement of any works relative to a valid

permission, the perit shall submit the relative commencement notice on

behalf of the applicant to the Executive Chairperson in the format

established by the Authority, at least five (5) days in advance to the date

of the commencement of works or the utilisation of permit. The perit

shall notify the Executive Chairperson of the date of commencement of

works or of the utilisation of the permit.

(1) The applicant may request the Planning Board for a

refund of the original fees paid to the Authority

(a) when the report has not been communicated to the

perit and the applicant within one hundred working

days from the validation date for development

applications falling outside the provisions of Schedule

2; or

(b) when the decision of the Chairperson of the Planning

Board or his delegate exceeded forty two working days

from the publication of the application for

development applications falling within the provisions

of Schedule 2

Provided that the above stated periods shall not include any

periods of suspension and, or extension required under these

regulations.

(2) The request shall be submitted to the Planning Board by not

later than thirty days from the expiry of the periods established in

sub-regulation (1)(a) and (b), as the case may be. The Planning

Board shall determine the request within sixty working days and

notify the applicant of its decision.

(3) If the Planning Board accedes to the request, the refunds

will be paid at the following rates

Applications in Schedule 1: Euro 500

Applications in Schedule 2: Euro 25

Applications outside Schedules 1 and 2: Euro 100

for every day beyond the one hundred working days, excluding any

periods of suspension and, or extension required under these

regulations, up to the date of issue of the report or for every day

beyond the forty two working days up to the date of the decision, as

the case may be

Provided that the refund does not exceed fifty percent of the

development planning fee

Provided further that no interest shall be accrued.

(4) When a credit agreement in terms of the regulations relating

to fees and fines has been signed, and the Planning Board has

acceded to a request for refund made in terms of this regulation, the

refund amount due shall be deducted from the balance owed to the

Authority as specified in the credit agreement, where such balance

exceeds the refund due.

(5) The determination by the Planning Board of a request for

refund shall be construed as a decision in terms of article 11(1)(a)

of the Environment and Planning Review Tribunal Act from which

an appeal may be lodged by the applicant in terms of the same Act.

Schedule 1

Major Applications

[Regulations 3(1), 4(2), 6(4), 12(1)]

For the purposes of these regulations "gross floor area (gfa)" has the same

meaning as is assigned to it by the Development Control Design Policy, Guidance

and Standards, 2015 or any other document which may from time to time succeed the

said document.

(a)

Projects which require or may require

•

an Environment Impact Assessment

•

an Appropriate Assessment

•

a Traffic Impact Statement, or

(b) development which falls within a site covered by an approved

Development Brief;

(c) development with a site area larger than 5,000m 2 ;

(d) development which falls within the following

(i) Residential: ......................... 75 units or more (including old

people’s homes)

(ii) Office: ..................2,000 sq.m (gfa~) or more

(iii) Retail (supermarket/restaurant): .... 500 sq.m. (gfa~) or more

(iv) Retail (non-food): 2,000 sq.m. (gfa~) or more

(v) Industry: ............... 4,000 sq.m (gfa~) or more

(vi) Warehousing: ..... 8,000 sq.m. (gfa~) or more

(vii)

Schools (new or extensions): new schools with more than three

hundred students, or extensions of schools in congested areas,

where the number of students will increase by more than one

hundred students

(viii) Health/ Day Care:.................... facilities with 2,500 sq m (gfa~)

or more

(ix) Hotels/tourist accommodation: sites with two hundred bedrooms

and, or major conference facilities;

(x) Sports/entertainment: ................ projects with more than two

hundred seating capacity

(xi) Assembly/leisure/wedding halls: ................... 500 sq.m. (gfa~) or

more.

Schedule 2

Amended by

L.N. 1 of 2026.

Summary Procedure Applications

(Regulation 18)

Development related to existing buildings and development within the

DEVELOPMENT PLANNING (PROCEDURE

FOR APPLICATIONS AND THEIR DETERMINATION)

curtilage of buildings

1. Chimneys and flues in residential buildings;

2. Water cisterns or reservoirs not on scheduled property or

archeological buffer zones;

3. Extensions to dwellings which do not create a separate dwelling

not in ODZ;

4. Extensions to non-residential buildings except for major

applications (Schedule 1) and not in ODZ;

5. Parapet walls and party walls;

6. Changes to doorways, window apertures, and other similar

openings;

7. Changes to facades;

8. Basements neither on scheduled property, nor in UCAs, nor in

ODZ nor on archeological buffer zones;

9. Swimming pools neither on scheduled property, nor in UCAs,

nor on archeological buffer zones;

10. Clearance of sites from buildings, structures and accretions only

subject to prior clearance from the Environment and Resources

Authority when the site is subject to a valid environmental permit

and the Superintendent of Cultural Heritage and subject that this

will not entail new access routes (and/or modification of existing

access routes) if the land in question is scheduled property.

Development related to minor works

1. Air conditioning units on the façade;

2. Replacement or reconstruction of roofs on scheduled property;

3. Maintenance dredging to maintain existing navigable waterways,

or vessel maneuvering areas, within port areas subject to prior

clearance from Transport Malta and the Environment and

Resources Authority.

Minor infrastructural development

1. All works related to waste receptacles, including waste separation

b i n s o r s i m i l a r c o n t a i n e r s a n d i n c l u d i n g s i g n a g e . Wa s t e

receptacles which are assembled or constructed in-situ and waste

receptacles for any liquid waste are excluded;

2. All works related to lamp standards, public seats, small-scale

litter bins or similar baskets serving public recreational areas or

walkways, bollards, barriers and similar works in ODZ areas;

3. All works related to posting boxes, self-service machines or

Automated Teller Machines, or vending machines in ODZ areas;

4. All works related to monuments and art installations in ODZ

areas within the road boundary subject to prior clearance from

Transport Malta and the Arts Council.

Development related to public transport

1. Passenger shelters and barriers by Transport Malta or subject to

prior clearance by Transport Malta not on scheduled property nor

protected areas.

Development related to agriculture

1. Pump chambers;

2. Irrigation reservoirs.

Temporary use of land

1. The reversible use of land, by government entities, Local

Councils and other public entities appointed thereby, for the

temporary placing and use of a caravan or a camp as well as any

temporary structures required for such use during a period not

exceeding four months within a twelve month period, not on

scheduled property and provided that the land used is fully

restored to its pristine condition and any structure is removed

before the expiry of such period;

2. The use of land for the parking of vehicles within the

Development Zone (DZ) not being heavy goods vehicles, trailers,

buses and coaches, as well as site leveling and surfacing and any

temporary structures required for such use where the footprint of

such temporary structures does not exceed ten square metres and

their height does not exceed three metres subject to prior

clearance from Transport Malta for up to three years and not on

scheduled property nor protected areas.

Development related to aviation

1. Development on operational land within airport perimeter except

the construction or extension of a runway subject to prior

clearance from Civil Aviation Department;

2. Development for air traffic control services, navigation and

monitoring subject to prior clearance from Civil Aviation

Department;

3. Construction, alteration or extension of an operational building in

the perimeter of an airport subject to prior clearance from Civil

Aviation Department.

Development related to tented structures

1. Erection of tented structures and awnings for not more than four

months within a twelve month period not on scheduled property.

Development related to beach management facilities

1. The temporary use of land for the erection, placing and

installation of structures required in relation to mobile sanitary

facilities and life saving management practices on beaches,

provided that the notification is submitted by a Government

entity, a Local Council, any other public entity appointed thereby,

or a registered institution versed in civil protection subject to the

prior clearance from the Environment and Resources Authority

when located in protected areas.

Other development

1. Construction of new residential buildings or extensions or

alterations of existing residential buildings which do not create

DEVELOPMENT PLANNING (PROCEDURE

FOR APPLICATIONS AND THEIR DETERMINATION)

more than sixteen dwelling units and their ancillary parking

facilities, not in UCAs nor in ODZ nor in villa nor in bungalow

areas;

2. Upgrading of existing public spaces.

Type 11

Renewal applications

1. All applications for a renewal of permission.

Type 12

Development related to advertisements

1. The display of advertisements, except billboards.

Type 13 Developments related solely to renewable energy projects or solely to

renewable energy installations on legally established greenhouses

1. Offshore renewable energy projects located inside areas allocated by

Government for renewable energy and subject to prior clearances from the Civil Aviation

Directorate within the Authority for Transport in Malta, the Regulator for Energy and

Water Services, the Authority for Transport in Malta, Environment and Resources

Authority, the Department of Fisheries and Aquaculture and the Superintendence of

Cultural Heritage.

2. Onshore solar renewable energy projects located within sites as

defined in the Solar Farms Policy and subject to prior clearances from the Civil Aviation

Directorate within the Authority for Transport in Malta, the Regulator for Energy and

Water Services, the Environment and Resources Authority and the Superintendence of

Cultural Heritage for sites within scheduled property and sites within scheduled building

settings, except for onshore non-solar renewable projects.

3. Renewable energy installations only and on legally established

greenhouses subject to consultation with Agricultural Advisory Committee within the

period stipulated in regulation 11(2)(b).

Schedule 3

External Consultees

External Consultees

(1)

Superintendent of Cultural Heritage;

(2)

National Commission Persons with Disability (KNPD);

(3)

Environment and Resources Authority;

(4)

Occupational Health and Safety Authority;

(5)

Transport Malta;

(6)

Water Services Corporation;

(7)

Enemalta Corporation;

(8)

Local Councils within whose boundaries the application is located;

(9)

Civil Protection Department;

DEVELOPMENT PLANNING (PROCEDURE

FOR APPLICATIONS AND THEIR DETERMINATION)

(10) Malta Tourism Authority;

(11) Environmental Health Directorate.

External Consultees with representatives in the Authority

(1)

National Commission Persons with Disability (KNPD) officer.

Schedule 4

Shut down Period

The offices of the Authority shall be closed between 23rd December of any year

and 1st January of the following year, both days included.

The following periods shall be construed as inactive periods

(a) one week prior to Easter Sunday;

(b) between the 8th and the 22nd of August of any year.

The provisions of regulation 16 shall also apply to inactive periods.

The Authority may establish other periods of time during the year where these

periods shall be construed as inactive periods. The notification of such inactive

periods shall be established by not later than the first week of December of the

preceding year.