dno guidance notes

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DNO SUMMARY (incl. DNO-regulated developments, requirement for notification and, levies) This document summarises the Development Notification Order (LN 115/07 and subsequent amendments), and trenching permit requirements. It is meant as a quick reference; for full text, reference should be made to the respective Order (L.S.504.80).

CONTENTS

Page Development classes i What is the DNO? ii DNO notification procedure (Article 5) ii How to use this checklist ii Site constraints (Scheduled/designated areas, SACs): ii Other legal and procedural details: iii General exclusions applicable to all Classes of permitted development: iii Note on infrastructural trenching (Article 7): iii Fees payable in accordance with Building Levy Rates Regulations (as outlined in the “Fee” column): iii Development Classes (DNO Schedule I)

Class 1 Alterations to existing buildings and development within the curtilage of buildings 1 Class 2 Minor operations 6 Class 3 Formation, laying out, alteration or improvement of roads (by Government agencies, Local councils or other entities appointed thereby) 9 Class 4 Minor infrastructural development 10 Class 5 Development related to public utility services 12 Class 6 Development related to public transport 13 Class 7 Development related to telecommunications 14 Class 8 Development related to agriculture 15 Class 9 Temporary placing of machinery for development operations 16 Class 10 Temporary use of land 17 Class 11 Development related to aviation 17 Class 12 Lighting of buildings, structures and roads 18 Class 13 Mineral & geological exploration/surveying and environmental monitoring 18 Class 14 Placing of tables and chairs 19 Class 15 Tented structures 20

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Class 16 Beach management facilities 21 Class 17 Development related to Malta Industrial Parks Ltd. (MIP) Industrial Zones 21

What is the DNO? The Development Notification Order (DNO) is a legal notice that exempts a range of generally minor developments from full development permit application procedures, if these satisfy certain criteria. A simplified notification process, which nevertheless still takes into account mandatory safeguards and policy requirements, may apply vis-à-vis some developments, whereas other interventions may not require any such notification at all. These details are summarised in this DNO checklist. DNO notification procedure (Article 5) Where a DNO notification to MEPA is required, this must be submitted by properly filling-in a standard form provided by the Authority, also attaching the following: - a site location plan; - plans/sections/elevations explaining the proposed interventions, using conventional colours where modifications to an existing building are involved (3 copies); - 2 good-quality colour photographs representative of the site; and - the correct building levy (as established in the Building Levy Rates Regulations and reproduced in this document). In some cases, the Authority may also request other relevant documentation if essential for determination of the case merits. In line with the above legal notice the overall content (including the filled-inform, plans, photographs, etc.) must clearly and correctly identify: - the particulars and contact details of both the applicant and the Perit in charge of the works; - the full nature and extent of the works [The notification may also be submitted to sanction works that have already been carried out, except where expressly

forbidden]; - the precise location and full extent of the property, and the applicant’s title to it; - the specific paragraph (of the legal notice) permitting the development [A single notification may also cover works on same site that qualify under more than one

paragraph; any exceptions contained in the legal notice are also shown in this checklist]; - all previous permits, applications and notifications affecting the property; - (for developments requiring approval by other authorities) written authorisation accompanied by duly endorsed site plan & drawings, cross-referred to the authorisation letter. The notification will only be treated as validly submitted once all the above requirements have been duly fulfilled. Once validated, the DNO office at the Planning Directorate (MEPA) will respond in writing within 30 days, also returning endorsed copies of the submitted plans, clearly stating whether works are permitted or not (if works are not permitted, the letter will also include a justification). Provided that all applicable provisions are duly satisfied, development is deemed permitted if the Authority does not reply within 30 days from valid notification. Any resulting notice is valid for one year from official endorsement or deemed approval, and works must be carried out according to approved plans. If the terms of the legal notice or mandatory policies are infringed, or if case officer is misled by incorrect/incomplete/equivocal information, or if works do not reflect the approved development, then the Authority may still stop works or take further action. This also applies if development is carried out after permit expiry. How to use this checklist. This tabular checklist lists the various development types together with a cross-reference to their DNO paragraph (column 1 of checklist). In each case, column 2 indicates where a DNO notification is required whilst column 3 lists the applicable conditions as well as the areas/sites where the development is not permitted. Column 4 identifies the fee payable with the submission. For purposes of interpretation of the rules applicable to individual developments, the following details should be noted: Site constraints (Scheduled/designated areas, SACs):

(a) Sites not ODZ but scheduled/designated solely for underground features (e.g. underground archaeology/caves): DNO notification requirement applies instead of blanket restrictions (otherwise entailed by scheduling/designation) on development fully above ground on already-existing building; retroactive sanctioning is not permitted.

(b) Sites not ODZ but scheduled/designated solely for landscape value: DNO notification applies instead of blanket restrictions (otherwise entailed by

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scheduling/designation) on internal alterations & underground works that do not permanently affect land surface (land to be fully reinstated); retroactive sanctioning is not permitted.

(c) Restrictions entailed by 30m range around scheduled property do not apply if scheduled property already incorporates buffer zone, or in Areas of High Landscape Value.

(d) Sites designated/declared as Special Areas of Conservation or protected under the Act are treated in same manner as scheduled property. Other legal and procedural details:

(a) Where notification is required, a 30-day time frame for MEPA reply applies; this excludes periods of MEPA shutdown. (b) Wherever there is a difference in opinion or a need for interpretation, as to whether a development is compatible with its location, or whether it affects character

or context, or whether it meets any other DNO requirement, MEPA opinion shall prevail. (c) Development permission through DNO does not imply exemption from any other requirements or permission according to law or consent from third parties, nor

exempt liability for any contravention or third-party damage, or from requirement to reinstate/restore anything done in contravention of approved policies/plans/legislation.

(d) Development is not permitted if it infringes or would prejudice: (a) any condition/limitation imposed by a permit, clearance or licence issued under the Environment and Development Planning Act; or (b) the decision on any application or request for such permit, clearance or licence.

(e) The DNO does not permit any development that: (a) is already proposed in a permit application, which is still being processed/amended/reconsidered/appealed; or (b) would prejudice the merits of such processing, reconsideration or appeal; or (c) would prejudice the merits of a request for any clearance or licence required by the Act or by the Environment Protection Act, or would prejudice the merits of an appeal from a decision thereon.

(f) Proposals for amending valid permits are to be submitted through Minor Amendment or amended application procedures (as applicable), not through DNO notification.

(g) MEPA may revoke/modify any permit (including DNO permits) if affected by fraud, public safety concerns or error in the face of record, in line with article 77 of the Act.

General exclusions applicable to all Classes of permitted development: No development is permitted by the Development Notification Order if:

(a) It runs counter to approved policies, plans, legislation or policy guidance, or is not correctly and completely indicated in any submission to MEPA. (b) It is contrary to, or would circumvent, conditions/limitations of a permit/clearance/licence issued under Development Planning Act or Environment Protection Act. (c) Works are carried out after expiry of clearance or after repeal/relevant amendment of the legal notice permitting them. (d) There is illegal development that cannot be sanctioned under the DNO. (e) It requires/involves formation, laying out, material widening, expansion, extension or re-engineering of means of access to a road [Not relevant to Class 3

development]. (f) It involves direct access from an arterial road, or creates obstruction/distraction to persons using a vehicular road, causing likely danger to such persons. (g) It requires an environmental impact assessment or an environment planning statement, a traffic impact statement, or any other assessment or report required by

the Act or any other legislation. (h) Any works connected with the development involve or entail the demolition of, or direct or indirect damage to: (a) any wall constructed in random rubble (sejjiegh)

or random uniform rubble (laqx); or (b) any dry-stone huts (giren and similar structures) or any other structures protected under the Environment Protection Act; or (c) underground infrastructure; or (d) caves; or (e) fossiliferous or infilled fissures (dag`bien); or (f) archaeological features; or (g) historic buildings, underground shelters, or other built or rock-cut historic structures; or (h) cisterns or water galleries.

(i) It involves the destruction, uprooting or damage to existing trees. Infrastructural Trenching (Article 7) Trenching (including domestic connections) must be under existing road/pavement and requires trenching permit (submitted through Transport Malta, with MEPA as a consultee). Trenching permit application through electronic means is itself a valid notification, and the same DNO exemptions apply vis-à-vis MEPA clearance. MEPA’s electronic reply to on-line applications is also valid notice.

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Fees payable in accordance with Building Levy Rates Regulations LN 356/10 (as outlined in the “Fee” column): Development Notification Orders (Alterations):- EUR 60.00 Development Notification Orders (Extensions/New Development):- EUR 120.00 Unless as indicated in the ‘fee” column in the table below, any DNO notification will be charged the minimum fee of EUR 60.00.

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SUMMARY OF CLASSES OF PERMITTED DEVELOPMENT

Class 1 Alterations to existing buildings and development within the cartilage of buildings

General Provisions (Paragraph 4) All permitted structures described below shall be subject to the following (where applicable): (i) Any non residential development shall be permitted:

(a) results in the creation of additional, separate units or in a change of use; or (b) requires an increase in parking provision.

(ii) Wherever the rear of the building is located on a ridge or on the development boundary or within 30 metres from the shoreline, development as permitted by this Class on the roof of a building shall be set back at least 3 metres from the rear façade of the underlying floor, unless it is located behind and screened by an existing parapet wall and is not higher than such wall.

(iii) All permitted structures described in this Class that are above ground level in UCAs and are visible from outside the building, shall be constructed in natural stone or with a stone finish.

(iv) The hacking, or drastic cleaning of stonework by means of grit-blasting, sand-blasting, high-pressure water jets, compressed air, extensive sanding or abrasion, or other similarly interventions that would adversely affect any building (or structure) of historical value or cultural heritage value, is not permitted.

Para Description Notification Conditions and other provisions Fee (€)

1.1(i) Internal alterations Schedules Property,

Designated Areas, UCA, ODZWorks should not increase the number of dwellings; number of commercial outlets and floor space; non residential units; change of use of buildings; reconstruction of roofs; results in a change of use or requires an increase in parking provision in relation to non residential development. Not permitted if building is in itself listed or scheduled.

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1.1(ii)(a) Alteration or replacement of apertures

UCA, ODZ, Listing buildings, Scheduled Property

Apertures, such as windows, doors, balconies (excluding timber balconies), gates and other similar façade elements. In UCAs, ODZ, in designated areas, and in or within 30 metres of schedules property, the works shall: (a) be carried out in the same style, design and materials in accordance with the

applicable design guidance for the area; and (b) not be finished in unpainted material (including gold, silver or bronze aluminium) or

other visually intrusive material, style, design or coloration, even where previously existing.

Sanctioning not permitted if building is in itself listed or scheduled.

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1.1(ii)(b) Provision of security bars, projecting wrought iron windows or security windows

UCA, ODZ, Listing buildings, Scheduled Property

In UCAs, ODZ, in designated areas, and in or within 30 metres of schedules property, the works shall: 1. be carried out in the same style, design and materials in accordance with the

applicable design guidance for the area; and 2. not be finished in unpainted material (including gold, silver or bronze aluminium) or

other visually intrusive material, style, design or coloration, even where previously existing.

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Sanctioning not permitted if building is in itself listed or scheduled. Para Description Notification Conditions and other provisions Fee (€)

1.1(iii) Water tanks Not required Includes related apparatus and screening

1.1(iv) Solar panels and photovoltaic panels

Not required Includes related apparatus and screening

1.1(v) Chimneys and flues Not required Residential buildings only.

1.1(vi) Water cisterns or reservoirs Not required Reservoir shall be ancillary to an existing building and be located entirely within its curtilage subject that the cistern or reservoir shall (a) not be higher than 1.2 metres measured externally above ground level; (b) not exceed 100 sq.mts. total area measured externally and in case it is located ODZ

it shall not exceed total area of 36 sq.mts.; and (c) in no case serve for, or involve the creation of, a borehole that is not authorised by

the Malta Resources Authority according to law. (d) In case that development lies ODZ, the cistern or reservoir when constructed wholly

underground shall lie below the footprint of an existing building or paved area. Not permitted in scheduled property; in a designated area and within the UCAs of Valletta, Floriana, Mdina, Rabat, Bormla, Isla, Birgu, Victoria and Cittadella in Gozo.

1.1(vii) Secondary storages of fuel (low capacity reserve)

Not required Petrol less than 60 litres; Kerosene, diesel, fuel oil and gas oil less than 300 litres. Provided that the site is located within the approved structures of : (a) a licensed operational animal farm; (b) a hotel or tourist accommodation project with a site area larger than 500m2; (c) industrial or warehousing development located within an approved industrial estate;

or (d) industrial or warehousing development not located within an approved industrial

estate and with a site area larger than 500m2; The installation shall not be located on the roof of buildings or structures located within scheduled property, designated areas, UCA or ODZ. The installation is subject to clearance from MRA.

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1.1(viii) The installation of LPG

storage tanks Scheduled property, designated areas, UCA, ODZ

The installation of LPG tanks shall adhere with the following: (a) where the tank is located above ground, it shall not exceed a capacity of 1250 litres; (b) where the tank is located wholly underground, the capacity shall not exceed 4050

litres; (c) if the site falls within scheduled property or located ODZ, it shall be installed totally

underground. (d) where the tank is installed in the front garden, side gardens and backyards, internal

yards and shafts the applicable provisions of Development Control Policy and Design Guidance shall apply;

(e) not be located on the roof of existing building; and (f) the installation of LPG tank shall be subject to clearance from Malta Resources

Authority. Not permitted within the UCAs of Valletta, Floriana, Mdina, Rabat, Bormla, Isla, Birgu, Victoria and Cittadella in Gozo.

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1.2(i) Extensions to single-dwelling building

All areas Extension not located at roof level and the side coverage and height limitations applicable to the sites are not to be exceeded; The extension must not result in the creation of a separate dwelling unit. Not permitted in Scheduled property, ODZ (except for Category 1 settlements) and within the UCAs of Valletta, Floriana, Mdina, Rabat, Bormla, Isla, Birgu, Victoria and Cittadella in Gozo.

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1.2(ii) Extensions to buildings containing more than one dwelling

All areas Extension not located at roof level and the side coverage and height limitations applicable to the sites are not to be exceeded; The extension must not result in the creation of a separate dwelling unit. Not permitted in Scheduled property, ODZ (except for Category 1 settlements) and within the UCAs of Valletta, Floriana, Mdina, Rabat, Bormla, Isla, Birgu, Victoria and Cittadella in Gozo.

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1.2(iii) Extensions to non-residential buildings

All areas Only one extension permitted. Not permitted for Industrial Building located outside Industrial Zone; if it results in a change of use or requires an increase in parking provision. Not permitted in Scheduled property, ODZ (except for Category 1 settlements) and within the UCAs of Valletta, Floriana, Mdina, Rabat, Bormla, Isla, Birgu, Victoria and Cittadella in Gozo.

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1.2(iv) Roof structures All areas Roof structures includes residential rooms at roof of terraced houses and maisonette

development conforming to specification in the Development Control Policy and Design Guidance applicable at the time of notifications; washrooms; plant and lift rooms; stairwells; and stairhoods. Not permitted in Scheduled property, ODZ (except for Category 1 settlements) and within the UCAs of Valletta, Floriana, Mdina, Rabat, Bormla, Isla, Birgu, Victoria and Cittadella in Gozo.

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1.2(v) Parapet walls and party walls All areas Not permitted on the façade of a building located in UCA. Party walls at roof level shall step down towards the front to the height of the parapet wall on the façade. On the façade of building the wall shall: (a) not be higher than 1.2 metres above existing roof level; and (b) be constructed in the same style of the façade and aesthetically compatible with their

locations.

Not permitted in Scheduled property, ODZ (except for Category 1 settlements).

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1.2(vi) Changes to doorways, window apertures and other similar dwellings

All areas Changes to size, style, form, position or number of openings subject that: (a) do not materially alter the character and /or context of the building and its

surroundings; (b) do not involve the creation of a garage or the formation of a new vehicular access; Not permitted in Scheduled property, listed buildings, ODZ (except for Category 1 settlements) and within the UCAs of Valletta, Floriana, Mdina, Rabat, Bormla, Isla, Birgu, Victoria and Cittadella in Gozo.

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1.2(vii) Replacement of timber balconies

All areas (not required if development is part of an approved improvement scheme)

Balconies to be in same traditional style, design, materials and finishing as the existing 60

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Para Description Notification Conditions and other provisions Fee (€) 1.2(viii) Basements All areas One level of basement under the footprint, backyard, or front garden of an existing

building subject that: (a) it does not involve the creation of a new access to a road; (b) it is to be used for a purpose ancillary to the existing se of the building; (c) where the rear of the building is located on a ridge or on the development boundary

or within 30 metres from the shoreline, the basement is either limited to the footprint of the building and/or area under the front garden;

(d) in the case where the building is a villa or a bungalow, a basement shall be limited to the footprint of the building only; and

(e) if ancillary to an industrial building, it is not located outside land zoned for industrial development in the development plans.

(f) It shall not Result in a change of use or increase in parking provision in relation to non residential development.

Not permitted in Scheduled property, ODZ (except for Category 1 settlements) and within the UCAs of Valletta, Floriana, Mdina, Rabat, Bormla, Isla, Birgu, Victoria and Cittadella in Gozo.

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1.2(ix) Backyard development All areas Structure in relation to existing dwelling subject that it shall not: (a) exceed a total external footprint of 9.3 square metres, including any already existing

building or other structure in the backyard; (b) have a head room higher than 2.5 metres above existing floor level; (c) have a permanent access to its roof; (d) infringe on the minimum permissible backyard (measured from the rear wall of the

dwelling) as defined in article 6 of this Class; (e) be located within the backyard of a property that lies ODZ or within a backyard that

lies ODZ. Not permitted in Scheduled property, ODZ (except for Category 1 settlements).

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1.2(x) Secondary storages of fuel All areas Petrol between 60 litres and 300 litres ; Kerosene, diesel, fuel oil and gas oil between 300 litres and 3000 litres; to be installed within: (a) an operational animal farm; (b) a hotel or tourist accommodation project with a site area larger than 500m2;

industrial or warehousing development located within an approved industrial estate; or

(c) industrial or warehousing development not located within an approved industrial estate and with a site area larger than 500m2.

Within scheduled property, in designated areas, UCA or ODZ, the installation shall not be located on the roof of buildings or structures; Prior written authorization from MRA shall be submitted

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Para Description Notification Conditions and other provisions Fees 1.3(i) Swimming pools All areas Includes ancillary reservoir and pump chamber;

Development shall not be located on the roof of building and shall not entail encroachment onto undeveloped coastal land, onto a valley bed or watercourse, or onto other land that is not existing developed land entirely confined within the existing boundary of the development to which it is ancillary. Not permitted in Scheduled property, ODZ (except for Category 1 settlements) and within the UCAs of Valletta, Floriana, Mdina, Rabat, Bormla, Isla, Birgu, Victoria and Cittadella in Gozo.

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Class 2 Minor Operations

General Provisions (Paragraph 3) All permitted structures described below shall be subject to the following (where applicable): (i) Wherever the rear of the building is located on a ridge or on the development boundary or within 30 metres from the shoreline, development as permitted by this Class on the

roof of a building shall be set back at least 3 metres from the rear façade of the underlying floor, unless it is located behind and screened by an existing parapet wall and is not higher than such wall.

(ii) All permitted structures described in this Class that are above ground level in UCAs and are visible from outside the building, shall be constructed in natural stone or with a stone finish.

(iii) The hacking, or drastic cleaning of stonework by means of grit-blasting, sand-blasting, high-pressure water jets, compressed air, extensive sanding or abrasion, or other similarly interventions that would adversely affect any building (or structure) of historical value or cultural heritage value, is not permitted.


2.1(i) Front garden walls and similar

walls around gardens and recreational areas

Designated areas, UCA and Scheduled Property.

Includes construction or reconstruction as well as the demolition or removal of any such walls if this would not alter materially the character and/or context of the building or garden and its surroundings. Works shall be limited to the wall itself without any substantial modification to a front garden, other garden, vehicular parking or driveway, and must not damage any structure which in the Authority’s opinion could be of heritage value or could merit scheduling. Not permitted in building which is scheduled property and ODZ.

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2.1(ii) Boundary walls around undeveloped land abutting a street

All areas (not required if the wall is in line with approved specifications and parameters)

The wall shall: (a) constructed in limestone ; (b) not be higher than 2.4 metres; (c) in accordance to the official alignment

Not permitted in building which is scheduled property and ODZ.

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Para Description Notification Conditions and other provisions Fee (€) 2.1(iii) Erection or alteration of

random dry-stone rubble walls (sejjiegh)

Scheduled Property, UCA, ODZ

The wall shall: (a) be on existing agricultural land or along a legally existing street; (b) carried out exclusively in random dry-stone rubble walling (sejjiegh); (c) shall along its whole parameter:

1.2metres above soil level on both sides; or In the case of different levels on terraced land, 1.2meters above the higher soil

level and 2.4 metres from the lower soil level. (c) with regards to new walls, a single access opening of not more than 1.2m wide with

a timber gate not exceeding the height of the wall is permitted; (d) the construction of new walls shall not entail the sub-division of agriculture land.

The total demolishing and reconstruction of existing random dry-stone rubble walls is not permitted;

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2.1(iv) Repair of existing boundary walls

Not required Works shall not affect the height and character of existing wall. Not permitted in building which is scheduled property.

2.1(v) Maintenance of repair of buildings or other structures

Scheduled Property, UCA and ODZ

Works shall not : (a) constitute the complete or substantial demolition and re-erection or replacement of

buildings or structures; (b) materially alter the character and/or context of the building or structure and its

surroundings. In case of UCAs and ODZ the replacement of building elements shall be in keeping with the existing materials, design and method of construction. Not permitted in building which is scheduled property.

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2.1(vi) Replacement or installation of plant and machinery

Not required The new plant or machinery: (a) shall be located within industrial buildings or on land within the cartilage of industrial

buildings; (b) does not give rise to a change in the processes, operations or activities authorised

for the site. (c) Shall not exceed a height of 15 metres above ground level or the height of anything

replaced, whicheve4r is the greater; (d) Shall not be within 5 metres of any boundary of the cartilage of the premises. Not permitted if the building or industrial land is located outside land zoned for industrial development in the development plans. Not permitted in building which is scheduled property.

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Para Description Notification Conditions and other provisions Fee (€) 2.1(vii) Surveillance and security

equipment, and similar small equipment

Not required Aesthetically compatible with its surroundings. In UCA or ODZ it shall not be finished in unpainted metal (including gold, silver or bronze aluminium) or other visually intrusive coloration.

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2.1(viii) Painting of the exterior of a building or a structure

Not required Works shall not be: (a) for the purpose of advertisement, announcement or direction; (b) in congruence with the streetscape.

Not permitted in building which is scheduled property.

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2.2(i) Sanctioning of mirror image development

Scheduled Property, Designated area, UCA and ODZ.

The changes shall not materially alter the character and/or context of the building and its surroundings. Not permitted in building which is scheduled property.

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2.2(ii) Air conditioning units on the exterior of the building


AC not to be located on any façade that faces a road or visible from a road. Not permitted in building which is scheduled property.

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2.2(iii) Replacement or reconstruction of roofs


Shall not include or cause the demolition or replacement of walls or the alteration of the external roof level. In case that the development is within UCA, ODZ, listed buildings or scheduled property than: (a) the replacement or reconstruction shall retain the same form, style, design, and

materials; or shall be limited to the replacement by another roof composed of stone slabs (xorok) and wood beams or kileb; or (except in the case of listing buildings) shall be limited to the replacement of a roof composed of rolled steel joists (RSJ) and stone slabs with a roof made of concrete;

(b) sanctioning not allowed.

Not permitted in building which is scheduled property.

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4 Maintenance Dredging All areas Permitted within port areas subject to the following conditions: (a) The area indicated for maintenance dredging is already subject to a full

development permit for the original dredging operations; (b) The maintenance dredging is only required to keep the water depth as established

in the full development permit: (c) Prior authorization from the Authority for Transport in Malta is required; (d) The disposal of dredging material shall be carried out in accordance with the

provisions and regulations issued under the Act.

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Class 3 Formation, laying out, alteration or improvement of roads by Government Agencies, Local Councils and other entities appointed thereby

General Provisions (Paragraph 2) All permitted structures described below shall be subject to the following (where applicable): (a) It does not entail additional undeveloped land outside the planned or existing highway boundary; (b) It does not affect the planning scheme boundary or entails departure from the official alignment; (c) It does not entail direct or indirect damage to existing historical buildings or monuments, archaeological features including underground shelters, cisterns or water galleries,

rubble walls and natural stone paving; and (d) It includes all the necessary measure so that, wherever possible:

(i) infrastructural services are installed underground without any introduction, installation or attachment of overhead wiring on the site or its surroundings; and (ii) existing overhead wiring and other infrastructural services currently above ground are relocated underground.

(e) it is subject to prior written authorisation by Transport Malta.

Para Description Notification Conditions and other provisions Fee (€) 3.1(i) Roads and pavements within

a planning scheme

Not required

3.1(ii) Widening, improvement or maintenance of existing roads.

Required if existing road/pavement and constructed in natural stone paving

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3.1(iii) Improvement or alteration of junctions

Not required Not permitted if it involves the alteration of a grade separated junction or a significant alteration in the traffic direction.

3.1(iv) Traffic Lights and similar traffic management systems

Required for works on or attached to a building which is in itself a Scheduled Property

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3.1(v) Embellishment or enhancement of roundabouts, traffic islands and centre strips

Not required Works shall not create an obstruction to the view of, or a distraction to, persons using any road used by vehicular traffic, so as to be likely to cause danger to such persons.

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Class 4 Minor infrastructural development

4.1 (1) (i) Waste receptacles UCA, ODZ, along the natural

coast, in or within 30 meters of Scheduled Property or Designated Area which incorporate a whole town or village

Subject to the following conditions: a. in the case of waste separation bins, each receptacle shall not exceed 2 metres in

length, 2 metres in height; b. where the receptacles cannot be placed directly on a road or pavement and/or

where a suitable surface does not already exist, they may be placed on a flat platform with a height of not more than 0.15 metres above road level and not larger than the area required for the receptacles. The platform shall be adequately drained, finished in suitable materials, and maintained so as to: minimise visual impact, facilitate cleaning, and prevent accidental or runoff-induced pollution of the surrounding land;

c. the location of the facility shall not require the removal of, or damage to: existing trees, random rubble walls (hitan tas-sejjiegh) and similar structures, natural rocky surfaces, archaeological features, or any structure or features beyond the land area occupied by an existing road carriageway or pavement or similar paved area;

d. at least one reserved un/loading bay shall be provided onsite, to accommodate one collection vehicle and/or one vehicle using the facility, without reducing the vehicular capacity and the net width of the carriageway to less than 4.8 metres;

e. the receptacles shall allow at least 1 metre of unobstructed pavement width. Not permitted along an Arterial or Distributor Road, within 30 meters of a junction or a roundabout within such roads; within 5 meters of a dwelling or a Scheduled Building; In or within 30 meters of a Scheduled Property or Designated Area which does not incorporate a whole town or village.

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4.1 (1) (ii) Lamp standards, public seats, litter bins, bollards, barriers and similar structures

UCA, ODZ, along the natural coast, in or within 30 meters of Scheduled Property or Designated Area which incorporate a whole town or village

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4.1 (1) (iii) Posting boxes, automated teller machines and vending machines

UCA, ODZ, along the natural coast, in or within 30 meters of Scheduled Property or Designated Area which incorporate a whole town or village

Subject to approved policies and guidelines. 60

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Para Description Notification Conditions and other provisions Fee (€) 4.1 (1) (iv) Telephone boxes or booths UCA, ODZ, along the natural

coast, in or within 30 meters of Scheduled Property or Designated Area which incorporate a whole town or village

Structure not to exceed 1m2 footprint and height of 2.4 meters. 120

4.1 (1) (v) Monuments and art installations within public open spaces

All areas

Shall not include dismantling or relocation of existing monument. In case that the highway boundary or a pavement are effected shall be subject to prior written authorisation by Transport Malta.

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4.1 (2) Waste receptacles ODZ ODZ Subject to the provisions and limitation of subarticle 1 (1) (i) subject to the following; (a) Shall be permitted on a site which abuts a road which forms the edge of a planning

scheme or is physically located within an existing car park; (b) Be directly accessible without difficulty from such road o car park, without any need

for a new or modified access or any other site engineering operations; (c) Be entirely confined to the land area occupied by an existing vehicular carriageway

or pavement or similar paved areas; (d) Be adequately and sensitively screened so as to mitigate its visual impact. Not permitted along an Arterial or Distributor Road, within 30 meters of a junction or a roundabout within such roads; within 5 meters of a dwelling or a Scheduled Building; In or within 30 meters of a Scheduled Property or Designated Area which does not incorporate a whole town or village.

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4.2 (1) (i) Ticketing Booths All areas Permitted only as part of an approved local strategic plan and subject to the following: (a) Prior authorisation by Malta Transport Authority required; (b) be aesthetically compatible with its surroundings; (c) in the case of development on a pavement, maintain a clear passage way of not

less than 1 meter: (d) not entail direct or indirect damage to existing historical buildings or monuments,

archaeological features including underground shelters, cisterns or water galleries, rubble walls and natural stone paving;

(e) not involve or entail the erection, construction or installation or introduction of overhead wiring.

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Para Description Notification Conditions and other provisions Fee (€) 4.2 (1) (ii) Waste separation litter

receptacles All areas Permitted only as part of an approved local strategic plan and subject to the following:

(i) Prior authorisation by Malta Transport Authority required; (ii) be aesthetically compatible with its surroundings; (iii) in the case of development on a pavement, maintain a clear passage way of not

less than 1 meter: (iv) not entail direct or indirect damage to existing historical buildings or monuments,

archaeological features including underground shelters, cisterns or water galleries, rubble walls and natural stone paving;

(v) not involve or entail the erection, construction or installation or introduction of overhead wiring.

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Class 5 Development related to public utility services

General Provisions (Paragraph 3) All permitted structures described below shall be subject to the following (where applicable): (i) It does not entail additional undeveloped land outside the planned or existing highway boundary; (ii) It does not entail direct or indirect damage to existing historical buildings or monuments, archaeological features including underground shelters, cisterns or water galleries,

rubble walls and natural stone paving; and (iii) It includes all the necessary measure so that, wherever possible:

(a) infrastructural services are installed underground without any introduction, installation or attachment of overhead wiring on the site or its surroundings; and (b) existing overhead wiring and other infrastructural services currently above ground are relocated underground.

5.1 (i) Repairs to Services Not required

5.1 (ii) Development below ground level for water supply, sewerage, and laying of pipes and cables

In or within 30 meters of Scheduled Property or Designated Area

Development related to the following: a) The supply of water or for conserving, monitoring, redistributing or augmenting

water resources; b) The provision, improvement, maintenance or repair of a sewer or sewerage

connection or associated apparatus; c) The maintenance or repair or an outfall pipe, or of a sewage treatment plant, or of

an ancillary reservoir; d) The laying underground of pipes, cables or any other apparatus.

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5.1 (iii) Installation of service lines to individual customers

In or within 30 meters of Scheduled Property or Designated Area

Includes any excavation for such purpose. 60

5.2 (i) Installation of booster stations, valve houses, meter houses and switchgear houses.

UCA, ODZ and In or within 30 meters of Scheduled Property or Designated Area

Not permitted above ground level in UCA or ODZ. 60

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Para Description Notification Conditions and other provisions Fee (€) 5.2 (ii) Sewage inspection chambers

above ground level


Maximum footprint of 1m2 and maximum height 1m 60

5.2 (iii) Storm water culverts


The development must not involve channelisation of natural watercourses or valley beds. 60

5.2 (iv) Infrastructural service ducts


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5.2 (v) Feeder or service pillars UCA, ODZ and In or within 30 meters of Scheduled Property or Designated Area

Allow at least 1m of unobstructed pavement width. Does not include poles or masts.

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Class 6 Development related to public transport

General Provisions (Paragraph 2 & 3) Any development permitted by this Class shall: (i) In the case of development on a pavement, maintain a clear passage way of not less than 1 meter; (ii) Not cause any damage to any natural stone paving or kerbs or steps, as the case may be; (iii) Any advertisement permitted in sub-article (ii) shall:

(a) be limited to two square meters and displayed on both sides of the side panel of the passenger shelter, placed at right angles to the pavement; (b) if illuminated, shall be internally lit and controlled by automatic timers to turn off by twelve midnight.

(iv) prior authorisation by the Malta Transport Authority shall be submitted with the notification 6.1 (i) Signs for operating of route

buses

Scheduled Property or Designated Areas which incorporates a whole town or village

Not exceed 0.5m2 Not permitted in or within 30 meters of Scheduled Property or Designated Area except unless the Scheduled Property or Designated Area incorporates a town or village.

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6.1 (ii) Passenger shelters and barriers

Scheduled Property or Designated Areas which incorporates a whole town or village

Includes advertisement as part of the passenger shelter. Not permitted where development involves road widening or encroachment onto land that is not part of the road carriageway or pavement. Not permitted in or within 30 meters of Scheduled Property or Designated Area except unless the Scheduled Property or Designated Area incorporates a town or village.

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Class 7 Development related to telecommunications

General Provisions (Paragraph 2) The provisions of article 1 of this Class shall apply without prejudice to any authorisation as may be required from the public health authorities and competent entities. Development is not permitted where the building: (i) is an agricultural building or room in the countryside or a similar structure irrespective of its use; or (ii) is a beach room, kiosk, fireworks factory or similar structure; or (iii) is located on land ODZ and used or intended for parking of vehicles or storage of machinery; or (iv) itself is the scheduled property or is a listed building.

Para Description Notification Conditions and other provisions Fee (€) 7.1 (i) Installation, alteration or

replacement of telecommunications apparatus

Scheduled property Shall not include : (i) the construction or alteration of buildings; (ii) the introduction of poles and masts to support overhead wiring and/or structures

with a height exceeding 10 meters to support the permitted apparatus; (iii) direct or indirect damage to existing scheduled buildings or monuments,

archaeological features including underground shelters, cisterns or water galleries, rubble walls and natural stone paving.

Not permitted if building is scheduled property or listed building.

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7.1 (ii) Satellite Antennas Scheduled property

To be placed: (a) on the roof of a building; or (b) within the cartilage of a building, provided that it is not visible from a public road. The satellite antenna shall not exceed: (a) a diameter of 2.2 meters and a height of 2.5 meters from the ground level, when

placed at ground floor level; and (b) a diameter of 1.2 meters and a height above ground of 1.5 meters in all other cases;

and Where the site is located ODZ, or on a ridge, or on the edge of the development boundary, the satellite antenna shall not be located on any exposed façade. Not permitted if building is scheduled property or listed building.

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Class 8 Development related to agriculture

General Provisions (Paragraph 3) For the purpose of this Class, the following development is not permitted: (a) Dumping, storage or deposition of material other than reasonably required for the improvement of the land in accordance with the provision of this Order. (b) Any fragmentation of existing agricultural land. (c) Changes in boundaries. (d) The construction or installation or introduction of overhead wiring, poles, masts or pylons in the site or its environs, serving any permitted development under this Class. (e) Works connected with the development which involve or entail the demolition of, or could foresee ably cause direct or indirect damage to any wall constructed in random rubble

(sejjiegh) or random uniform rubble (laqx) or any dry-stone huts (giren and similar structures) or any other structures protected under the Environment Protection Act or underground infrastructures, caves, fossiliferous, infilled fissures (daghbien) or archaeological features, historic buildings, underground shelters or other built or rock-cut historic structures, cisterns or water galleries.

(f) Works that involve the destruction, uprooting or damage to existing trees.

Para Description Notification Conditions and other provisions Fee (€) 8.1 (i) Engineering operations on

existing cultivated agricultural land

Not required Shall not involve the construction of a building, reservoir, pond, borehole, deposition of material. Works on agricultural land that has been reclaimed, created or extended without the required permit.

8.1 (ii) Maintenance of existing farm roads by the Department of Agriculture

Not required Shall not involve : (a) Encroachment beyond the pre-existing road carriageway, or deposition of material

beyond the road carriageway, or levelling or reclamation of land; or (b) involve the raising or expansion or extension or levelling or widening or re-

engineering or surfacing with concrete.

8.2 (i) Deposition of material or soil by the Dept. of Agriculture

All areas Land with no ecological, archaeological or other particular conservation value such a garrigue, valley beds and watercourses.

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8.2 (ii) Deposition of material or soil on existing agricultural land

All areas Soil level shall not be raised by more than 0.5 meters from existing soil level. Works shall not involve: (a) the destruction, provision, extension or raising of walls; (b) encroachment beyond the pre-existing site boundary, deposition of material beyond

the site boundary, levelling or reclamation of land, or encroachment onto watercourses or non-agricultural land.

(c) overspills onto, or any damage to, the surroundings of the site; or (d) topographical changes that alter the character or context of the site or of the

surrounding countryside.

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Para Description Notification Conditions and other provisions Fee (€) 8.2 (iii) Pump chambers

All areas To serve existing boreholes authorised by Malta Resources Authority or existing

authorized operational reservoirs. The structure shall: 1. be within 1 meter from the borehole or reservoir; 2. not exceeding a total height of 1.1 meters (4 courses) and a total area of 1.5 m2, all

measured externally; 3. sited in an agricultural holding on which there are no other structures or buildings

other than authorised reservoirs; 4. physically detached from random rubble walls (sejjiegh); and where there is a

difference between the level of the site of the pump chamber and the adjoining land, it shall be set back at least 2 meters away along its whole parameter from the edge separating the site from low-lying land.

5. Subject to Malta Resources Authority clearances required.

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8.2 (iv) Irrigation reservoirs

All areas The reservoir shall be: (a) sited in an agricultural holding of not less than one tumolo on which there are no

other reservoir; (b) physically detached from all rubble boundary walls (sejjiegh); (c) at least 2 meters away along its entire perimeter from the edge separating the sit

from any other lower-lying land adjacent to the side of the reservoir; (d) constructed wholly underground with its finished roof level at least 0.75m below soil

level and shall not exceed a total area of 100m2.

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8.2 (v) Clearing of Valleys

All areas (a) Removal of accumulated debris only; (b) method statement required by the Authority subject to it’s approval; (c) the authority may add conditions to authorisation; (d) no interventions shall commence prior to the issue of the written confirmation by the

Authority;

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Class 9 Temporary placing of machinery and structures for development operations

9.1 The placing of moveable

structures, works plants or machinery

Scheduled Property or Designated Area or for development located ODZ and is beyond the confines of existing road and beyond existing cultivable soil.

Development permitted in connection with, and for the duration of, operations related to works subject to a valid development permit. Works shall: (a) not apply to mining or quarrying operations; and (b) in the case where such works would create an obstruction to an existing pedestrian

passage way, all the necessary measures shall be taken to provide for a safe alternative passage way as directed by the competent authority; and

(c) after completion of works, such temporary installation shall be completely removed and the land shall be completely restored to its pristine condition;

(d) not entail direct or indirect damage to existing historical buildings or monuments, archaeological features including underground shelters, cisterns or water galleries, rubble walls and natural stone paving.

120

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Class 10 Temporary use of land

General Provisions (Paragraph 2 & 3) Use of Land shall not used for off road vehicle, motor car and motor cycle racing or rallying, or for practicing for these events and activities and shall be subject to the following: a) Any temporary structure required for such use would not impair visibility at a road junction or otherwise pose a threat to the safety of pedestrians or vehicular traffic; b) such use does not entail direct or indirect damage to existing historical buildings or monuments, archaeological or natural features including underground shelters, cisterns or

water galleries, rubble walls and natural stone paving; c) waste collection, waste disposal facilities, and any necessary mobile sanitary facilities, as required by law and which do not involve any no reversible interventions, are

available on site prior to the commencement of use; and d) the land shall not be occupied until the Authority confirms , in writing that the development is permitted subject to any conditions which may be contained in such written

confirmation.

Para Description Notification Conditions and other provisions Fee (€) 10.1 (i) Temporary use of land

ODZ Permitted for not more than 30 days provided that the land is fully restored to its pristine

condition and any structure removed before the expiry of such 30 day period.

10.1 (ii) Placing of caravan or camp

ODZ By Government entities, Local Councils and other public entities only. Includes any temporary structure required for such use for the period between 1 June and 30 September. Land to be fully restores to its pristine condition and any structure removed before the expiry of such period.

60

10.1 (iii) The reversible use of land for cultural and social purposes

ODZ By Government entities, Local Councils and other public entities only. Includes any temporary structure required for such use for not more than three calendar months yearly; Land to be fully restores to its pristine condition and any structure removed before the expiry of such period;

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Class 11 Development related to aviation

11.1 (i) Development on operational

land within airport perimeter

Not required Includes the construction or alteration of an operational building (required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, goods or livestock at an airport, and is land or a building owned by or under the control of the relevant airport operator. Not permitted in case of : 1. the construction or extension of a runway; or 2. an operational building with a floor space exceeding an area of 100 square meters

and 4 meters in height.

11.1 (ii) Development for air traffic control services

Not required

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Para Description Notification Conditions and other provisions Fee (€) 11.1 (iii) Use of buildings within airport

perimeter

Not required Use in connection with air transport services or other flying activities.

11.2 (i) Const., alteration or extension of an operational building

Required, unless in the opinion of the Director of Civil Aviation, the development is urgently required.

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Class 12 Lighting of buildings, structures and roads

12.1 External lighting of buildings

and structures UCA, ODZ, Designated Area, In or within 30 meters of Scheduled Property

Lighting of buildings or structures shall be subject to the following: (a) is incompatible with the character of the location and/or create unacceptable light

pollution; or (b) in the case of street lighting ODZ involve lighting beyond the street itself and/or

cause unacceptable light pollution in an area that should be kept free from artificial nocturnal lighting or compromise the conservation of the important flora, fauna or ecosystems.

(c) Involves the illumination of any sign or advertisement, or such illumination constitutes its primary purpose; or

(d) Involves an area larger than a building or structure.

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Class 13 Mineral and geological exploration and surveying, and environmental monitoring

13.1 (i) Drilling of boreholes and

seismic surveys

Not required Not permitted within 30 metres of any part of a residential building or other non-commercial building.

13.1 (ii) Temporary environmental monitoring stations for not more than one (1) calendar year

Not required Subject to the following conditions: (i) no damage or other significant disturbance to the site or the surrounding

environment is entailed; (ii) no material is placed of on garrigue or on exposed rockfaces in manner that could

foreseeable result in damage to, or scarring of, the land surface; and (iii) the equipment or station is completely removed and the land is fully returned to its

pristine condition once the station ceases to operate.

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Class 14 Reservation of public land for the placing of tables and chairs

14.1(i) Reservation of area for tables

and chairs to serve an establishment falling into Class 6 (food and drink) (Use Classes Order)

All areas (a) 1.5 meter passage way between the tables and chairs and any physical obstruction or structure, access point or kerb line or the outer edge of the promenade or belvedere or pavement;

(b) the tables and chairs shall only occupy a quarter of the width of the road, square or alley

(c) tables and chairs shall occupy half the width of promenade or belvedere; (d) shall not be separated by a road unless approval is sought by Transport Malta. (e) must not obstruct legal access to any property; (f) Enclosure shall be temporary in nature, constructed in appropriate material and

design and not to exceed 1.2meters above ground level. (g) Must not be placed on roads or any other land which conflicts with other existing

legal uses such as facilities for fishermen and areas used for public seating (benches).

(h) In Valletta, tables and chairs are only permitted within ‘Primary Town Centre’ or ‘Areas of Open Space’ as designated in the Grand Harbour Local Plan (2002, Fig. 7), and shall be subject to the following conditions:- Prior clearance from the Local Council; Tables and chairs located at Triq ir-Repubblika are only permitted after 7:30pm

during weekdays and after 1:00pm during Saturdays, and for the whole day during Sundays and Public holidays, subject that any structures are removed prior to 6:00am.

(i) Subject to authorisation by Malta Tourism Authority, Transport Malta, and Department of Public Lands.

(j) Any structures shall not:- entail direct or indirect damage to existing historical buildings or monuments,

archaeological features including underground shelters, cisterns or water galleries, rubble walls and natural stone paving.

In the opinion of the Authority adversely affect the characteristics of the public open space of significant historical, architectural or social importance;

The above provisions regulating tables and chairs are not permitted in case where the public open space, pavement, promenade, or belvedere is subject to an approved master plan which includes the location for tables and chairs.

60

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Class 15 Tented structures

15.1 Erection of tented structures

for not more than six months in any one calendar year

All areas Subject to the following conditions: (a) structure musts of ancillary to the existing use of land or building; (b) shall not be conducive to unacceptable environmental or visual impact; (c) shall not impair visibility to road junction or pose a threat to the safety of pedestrians

or vehicular traffic; (d) shall be removed before the expiry of the six month period; (e) shall not entail direct or indirect damage to existing historical buildings or

monuments, archaeological features including underground shelters, cisterns or water galleries, rubble walls and natural stone paving.

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15.2 The installation of awnings fixed on the exterior of a building

UCA, ODZ, designated area and Scheduled Property

Permitted for buildings where its use falls into Class 4, Class 5 or Class 6 (Use Classes Order 1994) and subject to the following conditions: (a) permitted within Town Centre, Local Centre, Commercial Area, Entertainment

Priority Area, or Tourism Zone as indicated in the respective Local Plan or the Interim Retail Planning Guidance ( 2004).

(b) The awning shall be retractable and demountable. When fully extended it shall not exceed 1,5 meters from the building alignment, but in cases where the road width between the commercial outlet and the opposite building is less than 8 metres, the awning shall not extend over more than 0,75 meters. In any case, where the awning extends over an existing pavement it shall be at least 0,5 metres from the pavement edge. In case the awning extends onto a front garden, it shall not extend beyond the edge of the front garden area.

(c) The awning is only permitted at ground floor level and shall not be less than 2,1 metre above ground level. The width of the awning shall not extend beyond the width of the shop front;

(d) No advertisement is permitted except for the name of the shop and or a logo, and, or trading details, contact information and other similar details. Letters shall not exceed 0,2 metres in height.

(e) The awning shall have a uniform colour background. Stripped, mini-prints or self-design is not permitted. The material should be in fabric and other similar light material, but should not be glossy in appearance.

(f) Design of awning in Scheduled Property and UCA shall follow the diagram shown in Schedule III

Not Permitted in scheduled properties and in localities of Mdina and Cittadella ( Rabat, Gozo) Not permitted if building is scheduled property or listed building.

15.3 Placing of small tents, tarpaulins or similar structures

Not required Not to be visible from outside the building.

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Class 16 Beach management facilities

General Provisions (Paragraph 2) Development shall only be permitted if: (i) the kiosk is an existing legal structure covered by the relevant permission or authorisation; (ii) the approved footprint, layout, and height of the kiosk are not altered; and (iii) the original conditions of the permission are to remain in force.

Para Description Notification Conditions and other provisions Fee (€) 16.1 (i) Temporary use of land for the

hiring of beach furniture

All areas Subject to the following conditions: (a) Not to exceed 9m2 ; (b) No structures to be constructed on site; (c) Land to be fully restored to its original state between sunset and sunrise; (d) No land shall be occupied, designated or delineated for the exclusive use of an

operator.

120

16.1 (ii) Mobile installations

All areas Related to sanitary facilities and life saving management activities. Notification to be submitted by Government entity, Local Council or any other public entity or registered institution versed in Civil protection.

120

16.1 (iii) Changes to the external appearance and material of existing kiosks

All areas Subject to the following: (a) Kiosk shall be a legal structure; (b) The approved footprint, layout and height of the kiosk shall not be altered; (c) The original conditions of the permission are to remain in force.

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Class 17 Development related to Malta Industrial Parks Ltd. (MIP) Industrial Zones

17.1 The construction, alteration or

extension of an industrial unit (as part of an approved master plan).

All areas Subject to the following: (a) industrial zone shall be subject by a Full Development Permit which includes all the

details related to the construction of the specific industrial units; (b) Approval from Malta Industrial Parks Ltd. required; (c) Environmental permit where required.

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dno guidance notes

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