Act, when an enforcement notice has not been appealed or where an enforcement notice has been appealed but has been confirmed by the Appeals Board or by the Court of Appeal, as the case may be, and the owner of the land subject to an enforcement order fails to comply with the said order within the period therein prescribed, such person shall be liable to a maximum penalty of not more than fifty euro for every day the default continues after the expiration of the said period as the Authority may prescribe under the said regulations; and the Authority may recover such penalty from the said person as a civil debt owing to it.
\nProcedure to apply to certain types of development.
\nProvided that a person requested to pay such a penalty may appeal from such request in the manner provided for in article 93.
\nCertificate of development according to permit.
\nENVIRONMENT AND DEVELOPMENT PLANNING Schedule.
\nProvided that the Authority may not require the payment of a penalty higher than fifty thousand euro and shall be in accordance with a schedule of penalties, which the Minister, after consulting the Authority, and with the concurrence of the Minister responsible for finance, may by regulations prescribe:
\nProvided further that any person who feels aggrieved by a decision of the Authority under this sub-article, may appeal to the Tribunal for a revocation or modification of such a penalty.
\nENVIRONMENT AND DEVELOPMENT PLANNING pay; (b) if the offence is remedied and the penalty is paid within the period, or further period, aforesaid, no further proceedings may be taken against the said person in respect of the same facts:
\nProvided that the agreement to pay to the compromise penalty shall not extinguish any civil liability to make good any damages to any person or authority and any liability arising under article 38; (c) if the penalty is not paid within the period, or further period, aforesaid, it shall be treated as if it were a penalty ordered to be paid by a court and proceedings may be taken accordingly to recover the same as a civil debt due to the Authority.
\nOffences Offences.
\nProvided that, and without prejudice to the provisions of articles 81(9) and article 90(3) and (4) and without prejudice to the maximum fine above established, the minimum fine (multa) to which an offender is liable under this article shall not be less than the value of any work carried out without permission or in violation of any conditions to which such permission was subject.
\nProvided that, notwithstanding the provisions of article 376(1)(b) of the Criminal Code, the Court shall, at the request of the prosecution or of the accused, take down evidence given by the witnesses in the manner provided for either in article 390(6) of the said Code or in any law for the time being in force.
\nENVIRONMENT AND DEVELOPMENT PLANNING Provided that where such an activity or development has been regularised no fine under sub-article (2) shall be due in respect of the time after the development has been regularised.
\nCertified copies of documents.
\nMiscellaneous Service of notices, etc., under this Act.
\nSavings.
\nProvided that in the case of any such licence, permission, authority, order, notice or certificate issued as operative for a specific period, such licence, permission, authority, order or certificate shall remain operative for such a period from the date such licence, permission, authority, order, notice or certificate was issued.
\nAmended by:
\nL.N. 57 of 2011.
\nENVIRONMENT AND DEVELOPMENT PLANNING FIRST SCHEDULE
\nand Planning Commission 1.
\nThe provisions of this schedule regulate the procedures to be used by the Authority and the Environment and Planning Commission. For the purposes of this Schedule, wherever the word \"Authority\" is used, it is to be construed as to include the Environment and Planning Commission, unless the context otherwise requires.
\n2.
\nThe Authority may act notwithstanding any vacancy amongst its members, provided there is a quorum present at the meeting.
\n3.
\nThe quorum of the Authority shall consist of the chairman or deputy chairman and not less than half the number of the other members constituting the Authority at the time of the meeting.
\n4.
\nThe meetings of the Authority shall be called by the chairman either on his own initiative or at the request of any two members of the Authority; and the Authority shall also meet at such times as it may itself decide.
\n5.
\nThe chairman, or the deputy chairman acting in his place, shall have an original vote, and where the votes are equally divided, a second or casting vote. All members of the Authority present at its meetings shall cast their vote in favour or against any motion put to the vote.
\n6.
\nWithout prejudice to the provisions of article 16, a member of the Authority who has a direct or indirect interest in any matter coming before the Authority for consideration shall, not later than the first meeting held after the relevant circumstances have come to his knowledge, disclose the nature of his interest. Such disclosure shall be recorded in the minutes of the meeting and the member: (a) shall not take part in any discussion or decision of the Authority with respect to that matter; and (b) shall be disregarded for the purpose of constituting a quorum for any such discussion or decision.
\n7.
\nAll acts done by any person in good faith as a member of the Authority shall be valid and effective as if he were a member even if some defect in his qualification for appointment is subsequently discovered.
\n8.
\nSubject to the provisions of this Act, including this Schedule, the Authority may regulate its own procedure.
\n9.
\nThe meetings of the Authority shall be open to the public, and the Authority shall allow the applicant and his representative, or any one of them, and an interested third party who made representations in accordance with the provisions of article 68(4), to make submissions on any matter under consideration. The Chairman, at his absolute discretion, may also allow any other member of the public to make submissions, subject to the power of the Chairman to exclude any member of the public if it deems it necessary so to do for the maintenance of order and to limit the participation of the applicant and his representative or of the interested third party who made representations in accordance with the provisions of article 68(4) or the public as it may deem appropriate.
\nProvided that the Authority may also delegate to the Chairman or any of its members, the power to endorse any revised plans or documents relating to any matter under its consideration.
\nSECOND SCHEDULE
\nL.N. 223 of 2014;
\nL.N. 404 of 2014;
\nL.N. 470 of 2014.
\nProceedings before the Environment and Planning Review Tribunal and appeals therefrom 1. (a) The application shall contain the grounds for the appeal and the request of the appellant, and, in the case of an appeal from the refusal of a permission or licence, it should include a copy of the application form and documents and plans submitted for approval together with all documentation which is relevant for the grounds of appeal, including a copy of the Authority’s decision appealed from. (b) The time period when an appeal can be lodged before the Tribunal as established in this Act shall be suspended only during such period when the Tribunal’s administrative secretariat’s offices are closed between the 23rd December of any year and the 1st January of the following day, both days included. (c) A copy of the appeal and the ancillary documentation shall be communicated to the Authority before the appeal is heard. The Authority shall file its reply within thirty days of service upon it or within such time as established by the Tribunal. The reply shall be served upon the appellant.
\n2.
\nThe appellant shall appear before the Tribunal either in person or by agent ENVIRONMENT AND DEVELOPMENT PLANNING on the day and at the time fixed for the hearing, make his submissions and produce such evidence as the Tribunal may allow:
\nProvided that the Tribunal may postpone the hearing of the appeal if it is satisfied that the appellant was prevented from appearing before it owing to illness or absence from Malta or other similar reasonable cause.
\n3.
\nThe Tribunal shall give the Authority an opportunity to make its submissions in justification of its decisions, and bring such evidence as the Tribunal may consider necessary.
\n4.
\nThe Tribunal shall have the power to summon witnesses and to administer the oath to any person appearing before it. Should a witness duly notified by a summons signed by the Chairman of the Tribunal fail to enter an appearance before the Tribunal, such person shall be guilty of an offence and liable, on conviction, to a fine (multa) of not less than five hundred euro and not more than five thousand euro.
\n5.
\nThe Tribunal shall have power to confirm, revoke or alter the decision appealed against and give such directions as it may deem appropriate:
\nProvided that the Tribunal may request the appellant to submit fresh documents and plans, in which case the Tribunal shall give reasons for such a request provided that the substance of the matter as presented before the Authority shall not change.
\n6.
\nThe decisions of the Tribunal shall be final and no appeal shall lie therefrom except on a question of law only.
\n7.
\nIf the appellant or the Authority are dissatisfied with any point of law decided by the Tribunal, they may appeal to the Court of Appeal (Inferior Jurisdiction) by an application filed as provided in article 41.
\n8.
\nAll hearings of the Tribunal shall be held in public and all decisions of the Tribunal shall be given in public.
\n9.
\nSubject to the foregoing provisions and to the provisions of this Act, the Tribunal shall regulate its own procedure.
\nProvided that until such fees have been so established by the Minister, the fees contained in Schedule A to the Code of Organization and Civil Procedure shall apply.
\nSuch a person shall have a right to be given a copy of the Tribunal’s decision with regard to those appeal proceedings for which he has been registered with the Secretary of the Tribunal as interested third party. Such a person may file an appeal from a decision of the Tribunal before the Court of Appeal (Inferior Jurisdiction).
\nENVIRONMENT AND DEVELOPMENT PLANNING 12. When an appeal has been lodged by a person other than the applicant, such a person need not prove that he has an interest in that appeal in terms of the doctrine of juridical interest which doctrine shall not apply to such proceedings, but he shall submit reasoned grounds based on environmental and, or planning considerations to justify his appeal.
\nTHIRD SCHEDULE
\narticle 35 of Act VII of 2016).
\nFOURTH SCHEDULE
\narticle 35 of Act VII of 2016).
\nFIFTH SCHEDULE
\nConsultants to carry out the following assessments have to be registered with the Board:
\n1.
\n2.
\nEnvironmental Impact Assessments;
\nAppropriate Assessments in relation to sites falling within a Special Area of Conservation or a Special Protected Area;
\n3.
\n4.
\nENVIRONMENT AND DEVELOPMENT PLANNING Strategic Environment Assessments;
\nAssessments in relation to Scheduled property and sites.
\nSIXTH SCHEDULE
\n1.
\nAn application to regularise a development which exceeds the approved footprint or, increases the approved volume of the building and is not part of a registered livestock farm and is carried out after May 2008 in an area which falls outside areas designated for development as defined in the Structure Plan or in any other plan; or 2.
\nAn application to regularise a development in a scheduled property; or 3.
\nAn application to regularise a development carried out after May 2008 in an area protected under the provisions of this Act or any regulation made thereunder.
\nSEVENTH SCHEDULE Articles 41 and 69 1.
\nApplications which fall under the provisions of articles 41 and 69: (a) Development in an area which falls outside areas designated for development as defined in the Structure Plan or in any other plan; or (b) Development in a scheduled property grade 1 or grade 2; or (c) Development in a property containing archeological remains; or (d) In the case of demolition within Urban Conservation Area which includes demolition of facade; or (e) Development in an area protected under the provisions of this Act or any regulation made thereunder.
\n2.
\nSubparagraphs (b), (d) and (e) of paragraph (1) shall also apply in such cases where the protection status of the site is still being proposed.
\nENVIRONMENT AND DEVELOPMENT PLANNING EIGHTH SCHEDULE
\nL.N. 229 of 2012;
\nL.N. 52 of 2013;
\nL.N. 121 of 2013.
\nCategory A:
\n1.
\nDevelopment carried out prior to 1st January, 1993 within a Temporary Provisions Scheme development boundary or a development boundary as indicated in a local plan other than: (i) (ii) when such development consists in change of use; or where such development is not in conformity with the alignment of roads or buildings as specified in or interpreted from a Temporary Provisions Scheme or local plan.
\nCategory B:
\n1.
\nThese provisions shall apply to development in existence on the coming into force of these regulations and shall include the following: (i) Size of internal yards (a) if the length of any side of the internal yard is up to 65% of that required by law and the overall area of the yard is more than 65% of what it should have otherwise been; (b) if the length of any side of the internal yard is between 50% and 65% of that required by law and the overall area of the yard is within the same range, subject to an engineer’s report stating that the habitable rooms in the premises have adequate lighting and ventilation aided, if necessary, but not exclusively limited to artificial lighting and forced mechanical ventilation respectively; (c) premises which have internal yards that are less than half the size of what they should have otherwise been are not included:
\nProvided that the provisions of sub-category (i) shall be applicable to dwellings in all areas and to premises within development zones limited to Class 2, Class 3, Class 4, Class 5, Class 6, Class 7, Class 8, Class 9, Class 10 of which class the term \"commercial premises\" applies only to \"schools\", Class 17, as well as the uses listed in article 4(b), (d), (e), (m), (n) and (p) of the Development Planning (Use Classes) Order (S.L.552.15). (ii) Size of back yard (a) if the depth of any back yard is up to 65% of that required by law and the overall area of the yard is more than 65% of what it should have otherwise been; (b) if the depth of any back yard is between 50% and 65% of that required by law and the overall area of the yard is within the same range, subject to an engineer’s report stating that the habitable rooms in the premises have adequate lighting and ventilation; (c) premises which have a back yard less than half the size of what it should have otherwise been are not included:
\nProvided that the provisions of sub-category (ii) shall not be applicable to backyards where the remaining distance from the back party wall is less than 1.5 metres at any point, except where requests in terms of the Environment and Development Planning Act, Article 91 Eighth Schedule ENVIRONMENT AND DEVELOPMENT PLANNING Category B relating to any level of the backyard was submitted prior to 29th January 2013:
\nProvided also that the provisions of sub-category (ii) shall be applicable to dwellings within areas zoned for terraced development within the development zone and to premises within development zones limited to Class 2, Class 3, Class 4, Class 5, Class 7, Class 8, Class 10 of which class the term \"commercial premises\" applies only to \"schools\", Class 17, as well as the uses listed in article 4(d), (e), (m), (n) and (p) of the Development Planning (Use Classes) Order (S.L.552.15):
\nProvided further that the provisions of sub-category (ii) shall also be applicable to residences in Category 1 and Category 2 Rural Settlements ODZ, and to residences in areas zoned for villa and bungalow developments as long as the statutory site coverage is not being exceeded or conforms with sub-category (viii)(a) and as long as the side curtilage is not being encroached upon in excess of that covered by subcategory (vi)(a). (iii) Internal height of structures (a) premises with a clear floor to ceiling internal height of more than 2.6 metres; (b) premises with a clear floor to ceiling height of less than 2.6 metres but more than 2.4 metres subject to an engineer’s report stating that the habitable rooms in the premises have adequate lighting and ventilation; (c) premises with a clear floor to ceiling height which is less than 2.4 metres are not included:
\nProvided that the provisions of sub-category (iii) shall be applicable to dwellings in all areas and to premises within development zones but limited to Class 2, Class 3, Class 4, Class 5, Class 6, Class 7, Class 8, Class 9, Class 10 of which class the term \"commercial premises\" applies only to \"schools\", Class 17, as well as the uses listed in article 4(d), (e), (m), (n) and (p) of the Development Planning (Use Classes) Order (S.L.552.15). (iv) Room in back yards Rooms at the ground floor level or at the floor level immediately above garage or shop levels of any premises, provided that the room has natural ventilation and natural lighting, as long as the cumulative area of the room and any reduction in size of the backyard does not exceed 35% of the required back yard area, and provided that the external height of the room including any opramorta is not higher than 3.4 metres above the finished floor level of the backyard:
\nProvided that the provisions of sub-category (iv) shall be applicable to dwellings within areas zoned for terraced development within the development zone and to premises within development zones limited to Class 2, Class 3, Class 4, Class 5, Class 7, Class 8, Class 10 of which class the term \"commercial premises\" applies only to \"schools\", Class 17, as well as the uses listed in article 4(d), (e), (m), (n) and (p) of the Development Planning (Use Classes) Order (S.L.552.15):
\nProvided further that the provisions of sub-category (iv) shall also be applicable to residences in Category 1 and Category 2 Rural Settlements ODZ, and to residences in areas zoned for villa and bungalow ENVIRONMENT AND DEVELOPMENT PLANNING developments as long as the statutory site coverage is not being exceeded or conforms with sub-category (viii)(a) and as long as the site curtilage is not being encroached upon in excess of that covered by subcategory (vi)(a). (v) Encroachments beyond property (a) ramps or steps which do not protrude more than 30 centimetres beyond the official alignment onto the pavement as long as the pavement width of 1.2 metres is retained. This is not applicable in respect of areas schemed with front garden; (b) pilasters whose height does not exceed 1.4 metres, which are not wider than 50 centimetres and which do not protrude more than 30 centimetres beyond the official alignment:
\nProvided that the provisions of sub-category (v) shall only be applicable to: (i) residential development within the development zone; (ii) Class 4 shops within the development zone (with < 75m2 usable retail floor-space and with no commercial freezers on site); (iii) Class 5 offices within the development zone (with < 75m2 usable office floor-space and at ground floor level); (iv) Social, Community, Educational, Governmental and Religious facilities within the development zone; (v) areas zoned for Industry or Warehousing; and (vi) above-mentioned uses located in Category 1 Rural Settlements ODZ:
\nProvided further that the development identified in this sub-category shall be removed at the request of any public authority, including the Local Council, and nothing contained in the provisions of this Act including this Schedule may prejudice such a request. (vi) Encroachments within property (a) where the facades proper of the buildings themselves, excluding enclosures, porches, and any other structures whose height exceeds 1.25 metres, encroach within the first 1/3 of front gardens, and not more than 25 centimetres within villa or bungalow side gardens; (b) structures in front and side gardens and roof setbacks whose height does not exceed 1.25 metres above floor level externally and which are cumulatively not larger than 10m2 in each of these spaces; (c) where the setbacks of permitted roof structures on residences are reduced to not less than 4 metres from the underlying building elevations; and (d) where the setbacks of permitted garages in the side curtilage of schemed villa or bungalow development are reduced to not less than 4 metres from the building alignment:
\nProvided that the provisions of sub-category (vi) shall only be applicable to: (i) residential development within the development zone; (ii) Class 4 shops within the development zone (with < 75m2 usable retail floor-space and with no commercial freezers on site);
\nENVIRONMENT AND DEVELOPMENT PLANNING (iii) Class 5 offices within the development zone (with < 75m2 usable office floor-space and at ground floor level); (iv) above mentioned uses located in Category 1 Rural Settlements ODZ. (vii) Creation of additional residential units In areas zoned for terraced residential development or for residential developments in Category 1 Rural Settlements ODZ, the change of use of permitted structures to residential development and, or the creation of additional residential units by the sub-division of a permitted residential unit into two or more, or by the creation of new residential unit/s underlying existing permitted residential development without any excess in footprint larger than 1m in any direction. This shall be applicable as long as any room larger than 5.6m2 in the unit has an aperture fronting on an open space. Furthermore, this shall not be applicable to the creation of or change of use to residential units situated at penthouse level if this involves a change of use from washrooms, and to residential units at basement level unless more than 50% of the façade area of the unit is above public road level or in cases where the back elevation of the residence fronts on and above an internal unroofed drive or larger open space that cannot be developed or that has an open outlook overlooking diminishing terrain levels. The change of use from a permitted residential unit (or part thereof) to a private car garage:
\nProvided that for cases of change of use of a permitted structure into a residential unit, the provisions of sub-category (vii) shall only be applicable if contractual or other valid proof is provided to the Authority’s satisfaction to the effect that the change of use to a residence had already occurred by the 29th January 2013:
\nProvided also that for cases of sub-divisioning of a permitted residential unit into two or more, the provisions of sub-category (vii) shall only be applicable if contractual or other valid proof is provided to the Authority’s satisfaction to the effect that by the 29th January 2013 the subdivisioning had already occurred, AND: (i) that the present owner of the unit is not its original owner; OR (ii) that if the present owner of the unit is still its original owner, the provisions of sub-category (vii) shall only be applicable if the original owner does not still own any unit adjacent to the unit under consideration on the same floor such that these units can be amalgamated into one larger unit:
\nProvided further that the six-month grace period granted hereunder, wherein an architect’s declaration is deemed to suffice for the purposes of these provisions, shall not be applicable to this sub-category:
\nProvided further that the limitations specified in the provisions of subcategories (i) and (ii) are not applicable to requests which include the provisions of sub-category (vii). (viii) Site area and coverage (a) built site coverage not exceeding 15% of that permissible and as long as any encroachment into front and side gardens and backyards is not larger than that specified in the provisions of this Schedule; (b) inadequate plot or site area where the resultant plot area is not ENVIRONMENT AND DEVELOPMENT PLANNING less than 75% of the minimum permissible area and as long as the provisions in paragraph (a) of this sub-category relating to both coverage and setbacks are also respected:
\nProvided that the provisions of sub-category (viii) shall only be applicable to residential development in areas zoned for villa and bungalow development. (ix) Increase in height An increase in the height of the overall building development, or parts thereof (except in the height of any roof structure), as long as: (a) the overall height, including parapet wall, is not increased by more than 1.25 metres from that approved in the development permit; (b) the increase in height does not involve additional floors; (c) in the case of a ground floor garage in terraced development, the garage is not roofed over in excess of 4.1 metres and the garage door lintel does not exceed 3.3 metres; and (d) the external garage height in the side curtilage of a schemed villa and, or bungalow development or in an internal garage development does not exceed 3.3 metres, including any opramorta, and the garage door lintel does not exceed 2.8 metres:
\nProvided that in paragraph (c) of this sub-category, the owner of an overlying residence may also submit an application for the provisions of these regulations to apply with respect to the underlying garage even if such person is not the owner of the garage. In any such case the applicant shall inform the owner of the garage:
\nProvided further that the provisions of sub-category (ix) shall only be applicable to: (i) residential development within the development zone; (ii) Social, Community, Educational, Governmental and Religious facilities within the development zone; and (iii) areas zoned for Industry or Warehousing, in which areas the limitations relating to door lintel heights aforementioned are not applicable. (x) External modifications Excluding cases falling under sub-category (vi), external elevational additions, modifications and alterations (including materials) existing on the facades and, or on elevations fronting on public areas, except for: (a) the creation or enlargement of projecting rooms on road facades; (b) balcony extensions exceeding 25 centimetres of that permitted in any direction; (c) porches; (d) air-conditioning units and telecommunication equipment affixed to facades; (e) solid front or side garden walls which exceed 1.6 metres in height:
\nProvided that extensions to property in schemed villa or bungalow areas are only applicable as per sub-category (viii). Any other extensions in this sub-category are not applicable to footprints exceeding 10m 2 and, ENVIRONMENT AND DEVELOPMENT PLANNING when within statutory front or side gardens, not to encroach beyond the limits set out in sub-category (vi)(a) and (d) as applicable:
\nProvided further that the provisions of sub-category (x) shall only be applicable to: (i) residential development within the development zone excluding within UCAs; (ii) Class 5 offices (with <75m2 usable office floor-space and at ground floor level) within the development zone excluding within UCAs and Design Priority Areas; (iii) for Class 4 shops, Class 5 offices, and residential development, balcony extensions not exceeding 25 centimetres of that permitted in any direction and solid front or side garden walls which do not exceed 1.6 metres in height. (xi) External modifications not visible from public roads Excluding cases falling under sub-category (vi), external elevational additions, modifications and alterations (including materials) for elevations that are not fronting on public areas and that are not visible from and conspicuous from public areas:
\nProvided that extensions to property in schemed villa or bungalow areas are only applicable as per sub-category (viii). Any other extensions in this sub-category are not applicable to footprints exceeding 10m 2 and, when within statutory front or side gardens, not to encroach beyond the limits set out in sub-category (vi)(a) and (d) as applicable:
\nProvided further that the provisions of sub-category (xi) shall only be applicable to: (i) residential development within the development zone; (ii) Class 4 shops within the development zone (with < 75m2 usable retail floor-space and with no commercial freezers on site); (iii) Class 5 offices within the development zone (with < 75m2 usable office floor-space and at ground floor level); (iv) Social, Community, Educational, Governmental and Religious facilities within the development zone; and (v) above-mentioned uses located in Category 1 Rural Settlements ODZ. (xii) Garage level modifications Internal alterations and, or modifications to garage levels and to circulation therein as long as no entries and, or exits are eliminated, the development is in use, and in cases with more than one level of parking: insofar as the changes are confirmed by a Fire Safety Report and a Transport Safety Report (covering manoeuvrability, exits, etc.) as not affecting the safety of users and, or third parties. These provisions are not applicable to major developments. Furthermore, these provisions are also not applicable in cases where there is a difference in the number of garage levels or in the amount of garages from what was approved in the development permit:
\nProvided that the provisions of sub-category (xii) shall only be applicable where the overlying development is limited to: (i) residential development within the development zone;
\nENVIRONMENT AND DEVELOPMENT PLANNING (ii) Class 4 shops within the development zone (with < 75m2 usable retail floor-space and with no commercial freezers on site); (iii) Class 5 offices within the development zone (with < 75m2 usable office floor-space and at ground floor level); (iv) above-mentioned uses located in Category 1 Rural Settlements ODZ, or a mix of the above. (xiii) Internal modifications Internal planimetric alterations and, or modifications within units:
\nProvided that these provisions shall only be applicable as long as these alterations and, or modifications (i) are contained within the permitted built footprint; (ii) do not give rise to additional units; (iii) do not include a change of use; (iv) do not run counter to permit conditions; (v) do not run counter to sanitary requirements:
\nProvided that the above limitations in items (i), (ii), (iii), (iv) and (v) shall not be applicable if they are covered by other provisions in this Schedule:
\nProvided further that the provisions of sub-category (xiii) shall only be applicable to: (i) residential development; (ii) Class 4 shops (with < 75m2 usable retail floor-space and with no commercial freezers on site); (iii) Class 5 offices (with < 75m2 usable office floor-space and at ground floor level); (iv) Social, Community, Educational, Governmental and Religious facilities; and (v) Industry or Warehousing development.
\nApplicability.
\n2.
\nThe provisions of paragraph 1 shall apply subject to the following: (a) the provisions listed in paragraph 1 shall not apply to scheduled buildings and to development that involved excavations within Areas of Archaeological Importance; (b) if a request, under the provisions of article 91 of the Act in respect of developments in paragraph 1 in sub-categories (i), (ii), (iii) and (iv) within residences within areas zoned for terraced development in the development zone, is made to the Authority by the 31st January 2013, it shall be presumed that the development to which the request refers to existed prior to 1st August 2012 as long as the architect submitting the request certifies that the development to which the request relates had existed prior to 1st August 2012, and the same request includes photographic evidence that shows the same development as existing on site, and as long as there is no evidence to the contrary, or that no such evidence to the contrary subsequently emerges:
\nProvided that if such a request is not submitted by the 31st January ENVIRONMENT AND DEVELOPMENT PLANNING 2013, the onus of proof that the development in question existed before the 1st August 2012 lies with the applicant or his architect; (c) if a request under the provisions of article 91 of the Act in respect of all other of the developments in paragraph 1 that are not included in paragraph (b) above, is made to the Authority by the 28th July 2013, it shall be presumed that the development to which the request refers to existed prior to 29th January 2013 as long as the architect submitting the request certifies that the development to which the request relates had existed prior to 29th January 2013, and the same request includes photographic evidence that shows the same development as existing on site, and as long as there is no evidence to the contrary, or that no such evidence to the contrary subsequently emerges:
\nProvided that if such a request is not submitted by the 28th July 2013, the onus of proof that the development in question existed before the 29th January 2013 lies with the applicant or his architect.