L.S. 552.26 Regolamenti dwar ir-Regolarizzazzjoni ta’ Żvilupp Eżistenti

(1)In these regulations, unless the context otherwise requires: "the Act" means the Development Planning Act; Citation. Interpretation. Cap.

1. "amenity" has the same meaning assigned to it by the Development Control Design Policy, Guidance and Standards 2015; "the Authority" means the Planning Board as defined in the Act; "Development Zone " means land within the boundary for development in a planning scheme or local plan; "injury to amenity" means any development which causes harm to an amenity. For the purpose of these regulations, uses falling within any of the uses defined in classes 1, 4A or 4B of the Development Planning (Use Classes) Order are not deemed to constitute an injury to an amenity; "the Tribunal" means the Environment and Planning Review Tribunal as defined in the Environment and Planning Review Tribunal Act; S.L. 552.15 Cap.
2. "Urban Conservation Area" means an area of land designated as such in a planning scheme or local plan or other currently approved planning policies.

(2)In these regulations, words and expressions defined in the Act shall have the same meaning as they have in the Act. 3. The scope of these regulations is to lay down procedures by which any person may request the regularisation of an existing irregular development. These regulations shall only apply to: (

1. a)that irregular development located entirely in a Development Zone; (
2. b)that irregular development located entirely within the boundaries of Category 1 Rural Settlements as delineated in the Local Plans; (
3. c)that irregular development located within a Development Zone but partially extends Outside the Development Zone; or Scope. Substituted by: L.N. 96 of 2023. 1 2 [ S.L.552.26 Cap. 504. Regularisation of development. Amended by: L.N. 96 of 2023. REGULARISATION OF EXISTING DEVELOPMENT (
4. d)that irregular development already covered by a Category B concession issued in terms of the Eighth Schedule to the Environment and Development Planning Act prior to the coming into force of these regulations and located in a Development Zone. 4.

(1)An existing irregular development as stipulated in regulation 3 requiring regularisation and which was in existence prior to the coming into force of these regulations, may be regularised by means of the following procedure, unless a permit is otherwise lawfully obtained: (

1. a)an electronic application is to be submitted to the Authority requesting the regularisation of the relative development; (
2. b)the application shall be submitted by the applicant’s perit and shall be accompanied by the applicant’s declaration certifying the applicant’s ownership of the existing development: Provided that where the applicant is not the owner of the existing development, he has notified the owner of his intention to apply by registered letter of which a copy has been received by the Authority and that the owner has granted his consent to such a proposal; (
3. c)the applicant’s perit shall also be required to submit the following: (
4. i)a site plan indicating the exact location of the existing development; (
5. ii)detailed plans of the existing development which must also indicate the type of use of the relative development; (iii) external elevations of the existing development which must clearly indicate the type of materials used in the same development; (
6. iv)sections of the existing development; (
7. v)three photographs relative to each external elevation of the existing building taken from different angles. Additionally, where the existing development is located in an Urban Conservation Area, an internal photographic survey of all the rooms and any other internal structure of the existing development cross referenced to an existing plan must be submitted; (
8. vi)documentary proof confirming that the specific use is in line with the provisions of subregulation

(5)(c) and (d); (vii) Cap. 504. the payment of a minimum administrative fee of fifty euro (€50).

(2)Developments already covered by a Category B concession issued in terms of the Environment and Development Planning Act prior to the coming into force of these regulations and located in a REGULARISATION OF EXISTING DEVELOPMENT [ S.L.552.26 Development Zone may be regularised by means of the following procedure: (

1. a)an electronic application is to be submitted to the Authority requesting the regularisation of the Category B concession by a permission; (
2. b)the application shall be submitted by the applicant's perit and shall be accompanied by the applicant's declaration certifying the applicant's ownership of the existing development: Provided that where the applicant is not the owner of the existing development, he has notified the owner of his intention to apply by registered letter of which a copy has been received by the Authority and that the owner has granted his consent to such a proposal; (
3. c)the applicant’s perit shall also be required to submit: (
4. i)a clean copy of drawings showing the building as constructed; (
5. ii)the payment of a minimum administrative fee of fifty euro (€50).

(3)Any application shall be deemed to be ab initio invalid if any one or more of the submission requirements specified in subregulations

(1)or

(2), as the case may be, have not been complied with. Applications which are ab initio invalid shall be automatically rejected by the Authority without any further consideration. Fees submitted with invalid applications shall be refundable, however the Authority shall retain the minimum administrative fee of fifty euro (€50).

(4)Any part of the existing development which is not shown on the relative drawings submitted together with the application shall not be considered as a regularised development, if the relative application is approved.

(5)The development specified in these regulations can be regularised if: (

1. a)in the opinion of the Authority, the development does not constitute an injury to amenity; and (
2. b)the use of the development is in conformity with current planning policies and regulations; or (
3. c)the relative use falls within any of the uses defined in classes 1, 4A or 4B of the Development Planning (Use Classes) Order provided that documentary proof is submitted showing that the uses defined in Classes 4A or 4B have subsisted continuously for three consecutive years immediately prior to the coming into force of these regulations; or (
4. d)the development involves the subdivision of dwellings provided that documentary proof in the form of a deed of transfer showing that the subdivision occurred prior to the coming into force of these regulations is submitted; or S.L. 552.15 3 4 [ S.L.552.26 REGULARISATION OF EXISTING DEVELOPMENT (
5. e)the regularisation relates to development located only on land accommodating existing buildings and their curtilage, which land is located within a Development Zone but partially extends Outside Development Zone (ODZ), and is covered by a development permit issued prior to the coming into force of these regulations: Provided that paragraphs (a), (b), (c), (
6. d)and (
7. e)shall not apply to an application submitted in terms of sub-regulation

(2)for the regularisation of a Category B concession with a permit.

(6)The existing development which may be regularised in terms of sub-regulation

(1)shall be the footprint which appears in the Authority’s aerial photographs of the year 2016. Any extension or addition in the footprint of the relative development beyond that which appears in the Authority’s aerial photographs of the year 2016 cannot be regularised in terms of these regulations. Determination of applications. 5.

(1)When an application is submitted on a site affected by an enforcement notice which is still in force, and the notice was issued following the submission of a formal complaint by third parties, the Executive Chairperson shall inform the same third parties of the submission of the application and request them to indicate, within fifteen days from notification, whether they should be considered as registered interested parties in terms of article 71

(6)of the Act. Upon confirmation from the third parties that they should be considered as registered interested parties, the provisions of the Act with regards to registered interested third parties shall apply mutatis mutandis.

(2)The Authority shall, following the recommendation of the Executive Chairperson, decide upon any application which has been validly submitted in accordance to the provisions of regulation 4. In deciding upon any such application, the Authority shall apply the provisions of these regulations. Furthermore, when the Authority does not follow the recommendation of the Executive Chairperson, it shall provide the specific planning reasons adduced by it justifying the overturning of such recommendation.

(3)Where the Authority decides to approve an application submitted in terms of regulation 4, it shall have the power to impose any condition which it may deem necessary, including, but not limited to, the execution of specific works within a specified time-frame of two years failing which the application shall be dismissed. Cap. 551.

(4)Any full development permission granted by the Authority in terms of these regulations shall be issued saving third party civil rights and shall not be deemed to confer any proprietary rights or any title whatsoever over the existing development to which the same permission relates. This permission does not exonerate the applicant from obtaining any other necessary permission, license, clearance or approval required from any Government department, local council, agency or authority as required by any law or regulation.

(5)The applicant shall have a right to appeal the Authority’s decision before the Tribunal in terms of the Environment and REGULARISATION OF EXISTING DEVELOPMENT [ S.L.552.26 5 Review Tribunal Act.

(6)The Authority may, at any time, revoke or modify any permission issued in terms of these regulations in accordance with article 80 of the Act. 6.

(1)The Executive Chairperson shall inform the applicant and the perit of the fees to be charged by the Authority for applications submitted in terms of these regulations which fees shall be charged at the rates set out in the Schedule. The total aggregate roofed over area of each floor of the property being regularised under one application shall be taken into account when determining the fees to be charged.

(2)The fees shall be paid prior to the formulation of the recommendation by the Executive Chairperson.

(3)The fees paid to the Authority for a Category B concession issued in terms of the Environment and Development Planning Act shall be deducted from the fees to be charged for applications submitted on the same site of the concession in terms of these regulations. Fees. Cap. 504.

(4)When an application has been refused by the Authority, 90% of the fees paid shall be refunded to the applicant. 7. Deleted by Legal Notice 375 of 2020. Period for the submission of any application in terms of these regulations. Substituted by: L.N. 282 of 2018; L.N. 225 of 2019. 6 [ S.L.552.26 Amended by: L.N. 96 of 2023. REGULARISATION OF EXISTING DEVELOPMENT Schedule - Fees to be charged by the Authority (Regulation 6) REGULARISATION OF EXISTING DEVELOPMENT [ S.L.552.26 7 8 Type [ S.L.552.26 Development All un-roofed development at ground level on land ODZ covered by a development permit issued prior to the coming into force of these regulations Regulation All roofed 3(

1. c)irregular structures development beneath ground level on land ODZ covered by a development permit issued prior to the coming into force of these regulations REGULARISATION OF EXISTING DEVELOPMENT Total area of site ODZ (excluding area of main building but including all ancillary buildings) up to and including (m²) 25 50 75 100 125 150 €400 €750 €1,850 €4,950 €6,200 €7,450 Total footprint of roofed structures beneath ground level on land ODZ (excluding footprint of structures beneath area of main building but including footprint of roofed structure beneath all ancillary buildings) up to and including (m²) 25 50 75 100 125 150 €450 €900 €2,150 €5,805 €7,300 €8,750 REGULARISATION OF EXISTING DEVELOPMENT Type Development All un-roofed development at ground level on land ODZ covered by a development permit issued prior to the coming into force of these regulations Regulation All roofed 3(
2. c)irregu- structures lar devel- beneath ground level opment on land ODZ covered by a development permit issued prior to the coming into force of these regulations [ S.L.552.26 9 Total area of site ODZ (excluding area of main building but including all ancillary buildings) up to and including (m²) 175 200 225 250 275 300 €8,750 €9,900 €11,150 €12,650 €13,800 €14,950 Total footprint of roofed structures beneath ground level on land ODZ (excluding footprint of structures beneath area of main building but including footprint of roofed structure beneath all ancillary buildings) up to and including (m²) 175 200 225 250 275 300 €10,250 €11,600 €13,100 €14,850 €16,200 €17,550 10 Type [ S.L.552.26 REGULARISATION OF EXISTING DEVELOPMENT Development Total area of site ODZ (excluding area of main building but including all ancillary buildings) up to and including (m²) 350 400 500 750 1000 2000 All un-roofed €17,250 €19,550 €25,300 €36,800 €49,450 €98,900 development at ground level on land ODZ covered by a development permit issued prior to the coming into force of these regulations Total footprint of roofed structures beneath ground level on land ODZ (excluding footprint of structures beneath area of main building but including footprint of roofed structure beneath all ancillary buildings) up to and including (m²) 350 400 500 750 1000 2000 €20,250 €22,950 €29,700 €43,200 €58,050 €116,100 Regulation All roofed 3(
3. c)irregu- structures lar develop- beneath ground level ment on land ODZ covered by a development permit issued prior to the coming into force of these regulations REGULARISATION OF EXISTING DEVELOPMENT Type Development All unroofed development at ground level on land ODZ covered by a development permit issued prior to the coming into force of these regulations Regulation 3(
4. c)irregular develop- All roofed structures ment beneath ground level on land ODZ covered by a development permit issued prior to the coming into force of these regulations [ S.L.552.26 11 Total area of site ODZ (excluding area of main building but including all ancillary buildings) up to and including (m²) 2500 3000 4000 5000 7500 10000 >10000 €126,50 €149,50 €195,50 €253,00 €368,00 €494,50 €989,000 0 0 0 0 0 0 Total footprint of roofed structures beneath ground level on land ODZ (excluding footprint of structures beneath area of main building but including footprint of roofed structure beneath all ancillary buildings) up to and including (m²) 2500 3000 4000 5000 7500 10000 >10000 €148,50 €175,50 €229,50 €297,00 €432,00 €580,50 €1,161,00 0 0 0 0 0 0 0