DEVELOPMENT (REMOVAL OF DANGER) ORDER (removalofdanger)

DEVELOPMENT (REMOVAL OF DANGER)

SUBSIDIARY LEGISLATION 552.05

DEVELOPMENT (REMOVAL OF DANGER) ORDER

13th September, 2002

LEGAL NOTICE 258 of 2002.

The title of this Order is the Development (Removal of

Danger) Order.

The Authority may authorise emergency remedial works to

mitigate or remove existing danger, without the requirement of a

development permit, provided that

(a) such works are notified to the Authority by a person

who holds a warrant to practise as an architecture and

civil engineering professional (perit) as provided

under the Periti Act, prior to the commencement of

any work. Such notification shall be accompanied by

at least two good-quality colour photographs of the

site, and by other relevant documentation as may be

necessary, so that the details submitted to the

Authority shall clearly and correctly identify

(i)

the

architecture

and

civil

engineering

professional (perit) in charge;

(ii) the applicant;

(iii) the precise location and full extent of the

applicant’s site, shown on a map base as

published by the Authority;

(iv) the degree of danger;

(v) the full nature, methodology and extent of the

proposed works;

(vi) the structures or building elements that are to be

removed or altered;

(vii)

the access to the site from the nearest such

street, on the site location plan, where the site

does not directly abut onto a street that is

accessible to vehicular traffic; and

provided further that such communication shall be

made in writing to the Authority in an envelope clearly

marked

with

the

wording

"DANGEROUS

STRUCTURE"; and

(b) the Authority is satised that

(i)

the danger exists and is serious enough to

warrant immediate remedial works;

(ii) the works as proposed are fully justified to

remove such danger;

(iii) the works are limited only to the removal of such

danger;

DEVELOPMENT (REMOVAL OF DANGER)

(iv)

all appropriate safeguards are taken to minimise

any adverse impact of the proposed works;

(v)

the danger cannot be removed by temporary

shoring of the building or dangerous structure as

provided in the Development Notification Order;

and

(vi)

the proposed remedial works do not affect the

integrity of a historic, listed or scheduled

building.

(1) The Authority shall communicte its decision, to grant

or refuse such authorisation, within two working days of receipt of

the notification, provided that the requirements of article 2 have

been fully complied with.

(2) Where the requirements of article 2 have not been fully

complied with, the period of two working days shall commence to

run from such time as such conditions are fully complied with and

notified to the Authority.

Any authorisation granted by the Authority in accordance

with article 2 shall

(1) be limited to the minimum emergency works required

to remove the source of danger until any required

permission for more lasting interventions is obtained;

(2) be notified by the Authority in writing, and shall only

have effect in accordance with the terms stipulated in

such notification;

(3) only be issued on the basis of detailed site inspection

by an architecture and civil engineering professional

(perit) appointed by the Authority;

(4) be without prejudice to any requirement for

development permission or for any other authorisation

required by the Authority, and shall not dispense from

the requirement of any other permission, including any

permit for trenching operations, any permit from the

sanitary authorities, any other permit or licence from

any Government department or agency, and any

consent from third parties, that may be required by

law;

(5) be without prejudice to the eventual decision taken in

respect of an application, notification or request

submitted for the purposes of subregulation (4); and

(6) not preclude the Authority or other entity from taking

enforcement action or other action according to law, in

respect of any illegality existing on site.

Any authorisation issued by the Authority in accordance

with article 2 shall be null and void if it is subsequently discovered

(1) one or more of the qualifying conditions for

authorisation did not exist at the time that the original

request to the Authority was made; or

DEVELOPMENT (REMOVAL OF DANGER)

(2) the Authority’s assessment of the case was influenced

by insufficient or incorrect information, or by

unjustified limitation of access to the site or to parts

thereof; or

(3) the works are not being earned out in strict compliance

with the terms of the authorisation.