L.S. 552.07 Regolamenti dwar l-Ippjanar tal-Iżvilupp (Proċedura għal Modifiki Minuri ta’ Pjanijiet Sussidjarji)

(1)requires: Definitions. In these regulations, unless the context otherwise "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 (

1. a)a bare owner or the usufructuary or an emphyteuta; (
2. 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. Cap. 552. 1 2 [ S.L.552.07 Changes to alignment or zoning in the official alignments or Subsidiary Plans or establishment of planning parameters in areas included by Structure Plan review. DEVELOPMENT PLANNING (PROCEDURE FOR MINOR MODIFICATIONS TO SUBSIDIARY PLANS) 3. 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)(

1. a)of the Act; or (
2. b)changes to the zoning as provided in article 54

(2)(

1. b)of the Act; or (
2. c)establishment of zoning, building alignment of roads and buildings, heights and 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. Requirements for all applications. Amended by: L.N. 73 of 2015. 4.

(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: (

1. 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; (
2. b)three copies of an enlarged survey sheet of a scale not smaller than 1:1000 outlining the proposed change; (
3. c)at least three colour photographs showing the site and its surroundings; (
4. 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. Notification.

(2)Where the applicant is not the owner of the land or is not the sole owner, he shall certify to the Authority that: (

1. a)in the case of applications submitted in terms of regulation 3(
2. 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; (
3. b)in the case of applications submitted in terms of regulations 3(
4. 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. DEVELOPMENT PLANNING (PROCEDURE FOR MINOR MODIFICATIONS TO SUBSIDIARY PLANS) [ S.L.552.07 3

(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: Request of consent by other owners or third parties affected by the modification. (

1. 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; No objection in the case of a comprehensive planning area. (
2. 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 (
3. a)shall be followed: No objection in the case of a site included within the development zone as a result of the Partial Structure Plan. 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: (

1. 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 (
2. 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. S.L.552.12 4 [ S.L.552.07 Applications for changes to the alignment of roads and buildings in the official alignment or Subsidiary Plans. Amended by: L.N. 73 of 2015. DEVELOPMENT PLANNING (PROCEDURE FOR MINOR MODIFICATIONS TO SUBSIDIARY PLANS) 5.

(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. DEVELOPMENT PLANNING (PROCEDURE FOR MINOR MODIFICATIONS TO SUBSIDIARY PLANS) [ S.L.552.07 6.

(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). 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.". 5 Changes proposed by the Authority to the alignment of roads and buildings in the official alignment or Subsidiary Plans. Amended by: L.N. 73 of 2015. Applications for changes to the zoning. Substituted by: L.N. 103 of 2017.