ORDER FOR THE NOTIFICATION OF DEVELOPMENT ON SPECIFIED LOCATIONS

ON SPECIFIED LOCATIONS

SUBSIDIARY LEGISLATION 552.34

ORDER FOR THE NOTIFICATION OF

DEVELOPMENT ON SPECIFIED LOCATIONS

9th May, 2025

LEGAL NOTICE 86 of 2025.

The title of this order is the Order for the Notification of

Development on Specified Locations.

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

ON SPECIFIED LOCATIONS

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.

ON SPECIFIED LOCATIONS

(1)

In this order, unless the context otherwise

requires

"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

ON SPECIFIED LOCATIONS

ON SPECIFIED LOCATIONS

ON SPECIFIED LOCATIONS

(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.

ON SPECIFIED LOCATIONS

(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.

ON SPECIFIED LOCATIONS

(1)

Development permission hereby granted for the

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

relevant provisions of the Development Planning (Health and

Sanitary) Regulations, the Development Control Design Policy,

Guidance and 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

ON SPECIFIED LOCATIONS

(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

ON SPECIFIED LOCATIONS

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

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

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

provided by the Authority. The Authority may require different forms

for different classes of permitted development and different forms may

not require all the information listed under paragraphs (a) to (h). 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,

ON SPECIFIED LOCATIONS

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

ON SPECIFIED LOCATIONS

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

(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.