DEVELOPMENT PLANNING (PROCEDURE FOR MINOR MODIFICATIONS TO SUBSIDIARY PLANS) REGULATIONS

SUBSIDIARY LEGISLATION 552.07

DEVELOPMENT PLANNING (PROCEDURE FOR

MINOR MODIFICATIONS TO SUBSIDIARY PLANS)

REGULATIONS

27th March, 2007

LEGAL NOTICE 71 of 2007, as amended by Legal Notice 73 of 2015,

and 103 of 2017.

The title of these regulations is the Development Planning

(Procedure for Minor Modifications to Subsidiary Plans)

Regulations.

(1)

In these regulations, unless the context otherwise

requires

"the Act" means the Development Planning Act;

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

article 2 of the Act;

"owner" means -

(a) a bare owner or the usufructuary or an emphyteuta;

(b) any one of the owners where the land to which the

application relates is undividedly co-owned.

(2) In these regulations any expression defined by the Act has

the same meaning as it has in the Act.

(3) No application for permission to carry out development on

any site included within the development boundaries in accordance

with the Partial Structure Plan Review published in the Gazette on

27 th F e br u a r y 2 00 7 , sh a l l b e val i da te d or a p pr o ve d by t h e

Authority before an application in accordance with the provisions

of these regulations has been submitted and approved by the

Authority

Provided that for the purposes of this regulation,

development shall not include such development which does not

increase the volume or density of any permitted structures on the

site in question

Provided further that the Authority may validate and

approve an application or permission to carry out development on a

site included within the development boundaries in accordance

with the Partial Structure Plan Review published in the Gazette on

27th February 2007, if the zoning, buildings heights and alignment

of roads and buildings is provided for in a plan or policy approved

by the Authority.

DEVELOPMENT PLANNING (PROCEDURE FOR MINOR

MODIFICATIONS TO SUBSIDIARY PLANS)

Applications for changes to the official alignments or

Subsidiary Plans which involve -

(a) changes to the alignment of roads and buildings as

provided in article 54(2)(a) of the Act; or

(b) changes to the zoning as provided in article 54(2)(b) of

the Act; or

(c) establishment of zoning, building

heights

and

alignment of roads and buildings,

to sites included within the Development Boundaries in accordance

with the Partial Structure Plan Review published in the Gazette on

the 27th February, 2007, shall be subject to the provisions set out in

these regulations.

(1) An application submitted in terms of regulation 3 shall

be made to the Authority on a form provided by the Authority and

shall be accompanied by the following and such other information

as the Authority may require

(a) three copies of an A4 extract from the latest survey

sheet at 1:2500 scale outlining the scheme or

Subsidiary Plan and the site boundaries;

(b) three copies of an enlarged survey sheet of a scale not

smaller than 1:1000 outlining the proposed change;

(c) at least three colour photographs showing the site and

its surroundings;

(d) legal proof of ownership of the land to which the

application relates, including a title deed and the plan

to which such deed refers.

(2) Where the applicant is not the owner of the land or is not

the sole owner, he shall certify to the Authority that

(a) in the case of applications submitted in terms of

regulation 3(a) and regulation 3(b), he has notified the

third party owners within the same street of his

intention by registered letter and a copy of such letter

shall accompany his application. This letter shall also

have attached a map, signed by the applicant’s

architect and cross referred to the location of each

third party ownership. The extent of the area of

notification shall lie along the whole stretch affected

by the change in alignment and, or change in zoning;

(b) in the case of applications submitted in terms of

regulations 3(b) and 3(c), he has notified all the

owners of the site of the requested amendment or

proposal, of his intention to apply. This shall be done

through a registered letter and a copy of such letter

shall accompany his application. This letter shall also

have attached a map, signed by the applicant’s

professional agent and cross referred to the location of

each ownership.

(3) Where the land to which the application relates includes

land not owned or not solely owned by the applicant, the Authority

shall also require the applicant to provide the following after the

validation of the application

(a) in cases where comprehensive planning is indicated in

a subsidiary plan, a written declaration, submitted on a

form specifically provided by the Authority, and

signed by the owners of at least seventy-five per

centum (75%) of the current potential floor area on the

site of the requested amendment and indicating that

they have no objection to the proposed change. The

75% requirement shall be applicable to the whole

parcel of land indicated in the aforesaid subsidiary

plan and not to part thereof, except for land where the

owners currently avail themselves of conditions which

are similar or better than those indicated in the

application. In cases where there are built units on a

comprehensive planning site, the gross floor area of

each built unit should be computed instead on the land

area as indicated above;

(b) in applications which are addressed to establish the

zoning, building height and, or alignment of a site

included within the development boundaries in

accordance with the Partial Structure Plan Review

published in the Gazette on the 27th February 2007,

the requirements indicated in paragraph (a) shall be

followed

Provided that where the Authority considers it expedient it

may request the submission of the legal proof of ownership of land

owned by parties directly affected by the minor modification.

(4) The Authority shall also require the applicant to provide the

following after the submission of the application

(a) one copy of an official surveyed plan prepared by the

Authority at the expense of the applicant showing the

current alignment and the zoning according to the

official alignment or Subsidiary Plans; and

(b) one copy, showing the proposed changes on the

official surveyed plan mentioned in paragraph (a),

signed by the applicant’s professional agent, showing

the proposed changes. The property boundaries of all

affected parties are to be shown on the plan with

reference to whom each land parcel pertains.

(5) The said application shall also be accompanied by the fee as

prescribed in the Development Planning (Fees) Regulations, or

their subsequent revision.

(1) When an application involves a change to the

alignment of roads and buildings as provided in article 54(4)(a) of

the Act, the Authority shall follow the procedure set out in this

regulation.

(2) The Authority shall publish details of the application,

including the name of the applicant, by a notice on site and in one

local newspaper, giving the opportunity to interested parties to

make representations, in writing to the Authority, within fifteen

days of the date of the publication of the notice

Provided that the Authority may, when it considers it

expedient to do so, extend the aforesaid period up to thirty days and

in such case it shall give notice of such extension in the said

publication.

(3) The Authority shall serve a copy of the application and of

the site plan on the local council in whose locality the site lies.

(4) The Authority shall determine the application not later than

sixteen weeks from the date of receipt of all documentation and

submissions in accordance with these regulations, provided that the

period of time required for the preparation of the plans mentioned

in regulation 4(4) shall not be considered as forming part of this

period.

(5) In determining the application, the Authority shall have

regard to the official alignment or Subsidiary Plans, to

r e pr e s e n t a t i on s m a d e i n re s p o ns e to t he p u b li c a t io n of t he

application and to any other material consideration.

(6) The Authority shall have the power to grant or refuse an

application, and in granting such application, it may approve the

proposal with or without modifications as it deems fit, but the

Authority shall give reasons for its refusal or for any modifications

imposed by it

Provided that where the Authority decides to modify the

proposal, any person who has made written objections to the

proposal shall be informed by the Authority and shall be invited to

be present at the Authority’s sitting when such application shall be

discussed.

(7) The Authority shall communicate its decision to the

applicant, and to any third parties who made representations on the

application in accordance with subregulation (2), not later than two

weeks from the date on which the decision was made

Provided that the decision shall not be communicated in

accordance with the provisions of this regulation until the applicant

has paid the relative fees established from time to time by the

Authority to cover the share of the expenses set out by the

Authority related to the infrastructural contributions.

(1) The Authority may, where it considers it expedient to

do so in the interests of proper planning of the area and having

regard to the official alignment or Subsidiary Plans, the Structure

Plan and other material considerations, make changes to the

alignment of roads and buildings of the official alignment or

Subsidiary Plans.

(2) In the case mentioned in subregulation (1), the Authority

shall follow the procedure set out in regulation 5(2), (3) and (5) to

(7).

(1) For those applications which shall be published for

public consultation after the 3rd of April 2016 and involve a change

and, or establishment of zoning as provided in article 54(2)(b) of

the Act, the Authority shall publish such proposal and invite

representations on the said application within a specified period of

not less than six weeks. The Authority shall then decide the

application after taking into consideration all representations

submitted to it and may impose any condition it deems appropriate

which shall be justified in the minutes of the relative file.

(2) (i)If the Authority agrees with the application, as submitted

or as amended through the imposition of conditions, it shall refer it

to the Minister for his approval.

(ii) Where the Minister agrees with the application as

referred to him, he shall approve it and the Authority shall

forthwith publish the final decision and refer the relevant

documentation to the applicant.

(iii) Where the Minister does not agree with the application as

referred to him, he shall prepare a position statement

informing the Authority of the changes proposed by the

Minister and the Authority shall forthwith amend the

application in accordance with the Minister ’s position

statement and submit the same for the Minister ’s final

approval. The Authority shall forthwith publish the final

decision and refer the relevant documentation to the applicant.

(3) If the Authority disagrees with the application, it shall

publish a decision notice which shall include the reasons for refusal

based on planning and legal grounds and notify the applicant of the

decision.".