Malta Environment and Planning Authority

April 2013

Set up

Planning Directorate

Environment Protection Directorate

Enforcement Directorate

Corporate Services Directorate

Development ControlProcess

Process Flow Chart – Screening ProcessApplication Receipt and Vetting

eApplication Submitted

Initial vetting against a minimum

submission checklist (incl.

payment of screening fee)

Accept / reject initial submission

Give Tracking number, if accepted

Print documents

1

Prepare planning application file & plot application

Prepare Bill

Process Flow Chart – Screening ProcessEvaluation

Decide complexity of application.

Check conformity with major policies.

Check all documentation and studies required*1

Indicate external consultations

required

Collate screening letter, indicating

non-conformity to major policies

2

1

Applicant/Architect compiles

documentation(Max. 3 months Schedule 2 – 6

months for Schedule 1 –

timeframe specified in

screening letter)*2

Process Flow Chart – Validation & Planning ProcessValidation & Assessment

Review new submission

including payment of bill. If incomplete,

send back

Confirm plotting, assign PA number

and validate application

3

2

Print site notice and send for publication

Send external consultation

(all by E-Apps)(30 days)

Send int. & ext. consultations with a rep. at MEPA

incl. Sanita(7 days)

Performassessment

Process Flow Chart – Planning Process & DecisionAssessment

4

3

Send any requests for further

information(perit to reply

within 21 days)

Obtain Sanita & ext. consultees with a rep. at

MEPA approval (if required)

Review objections received and replies from consultees

CompileDPA report

(including the EIA and AA reports)

Endorsement of DPAR

Send file to MEPA Board/EPC

agenda

Process Flow Chart – Planning Process & DecisionAgenda Process

Set agenda date and send DPAR to

architect / applicant

Inform objectors of sitting date

Wait for submissions on DPAR (No fresh

drawings accepted)(21 days)

Update notes to committee and

refer for decision

4

MEPA Board /EPC Decision

• Screening – 4 weeks, extendable by additional 3 months for Schedule 1 applications.

• Application compilation by perit – 3 months/6 months, or as specified in screening letter (for Schedule 1 applications).

• Determination – 12 weeks (Schedule 2);26 weeks (Non-Schedule 2)

Important Timeframes

• Deferrals – Only once, within 30 days from 1st sitting.

• Objections – 20 calendar days.• Replies by perit – 21 days.• Comments on DPAR by objectors – before 10 days prior

to date of sitting.• Requests for Reconsideration / Appeal – 30 days from

decision press notice.

Important Timeframes

Submission 12 weeks 26/52 weeks

Amended drawings

Up to 4 weeks after validation

Up to 16 weeks after validation

Material Changes

Prior to validation as a result of screening

After validation up to 8 weeks

Suspension of Works

At the request of the appellant made with the appeal to the Tribunal may suspend the execution of the development, in whole or in part when Development lies:

ODZ; orin scheduled property grade 1 or grade 2; orin property containing archeological remains; ordemolition of façade within UCA; orin any protected area.

Important Provisions – Primary Legislation

Sixth Schedule

Sanctioning is not allowed in relation to:1. An 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. An application to regularise a development in a scheduled property; or 3. An application to regularise a development carried out after May 2008 in a protected area.

Important Provisions – Primary Legislation

Important Provisions

• Reconsiderations against conditions only.• Outline applications no longer available.• Environment & Development Briefs only available to

Schedule 1 applications.• Development falling under the provisions of the DNO

should be cleared through the DNO process and not through a full development permission application.

• During the validity of a permission, the DNO may not be utilised, and changes are to be handled through the minor amendment procedure or through an amended application.

• All communication between the Authority and consultees to be carried out electronically.

• All communication between the Authority and periti to be carried out electronically.

• Drawings to be dimensioned.• Development Profile Form (required by NSO).• Applicant to obtain owner’s consent prior to applying.

Essential Requirements

• Class 1(iv) of Development Notification Order 2007• Permitted development provided in line with Sanitary

Regulations and Development Control Policy & Design Guidance 2007:- Solar panels – Policy 13.2 *

*At ground floor levelPlaced on roof of penthouse/stairwell/washroomReceeded by 2m from front/back edgeNot exceed 1.5m above roof of penthouseScreened by non-solid screen

- Photovoltaic – Policy 13.3 and 13.5

Solar Panels and Photovoltaic Panels

• Acceptable in industrial areas (MIP, non-MIP, SMEs, Enterprise Sites, AOC)

• Acceptable in ODZ provided that:- less than 20m in height;- not located on school buildings;- comply with MRA requirements.

Roof Mounted Micro Wind Turbines

Environment AssessmentProcess

• *1 Case is screened for Environment Impact Assessment (EIA) (LN 114 of 2007), Appropriate Assessment (AA) (LN 311 of 2006), and other environment legal requirements.

• *2 Studies such EIS/EPS/AA etc. required to be submitted and assessed prior to the validation of the application. An application is validated with the finalisation of the EPD report on EIA.

Environment Assessment Requirements –Screening Process & Pre-Planning Application Validation Evaluation

• EIA Screening as per Schedule IA of LN 114 of 2007, as amended.

• AA Screening vis-à-vis any SACs, SPAs, protected habitats or species.

EIA Process

Screening(determine

whether or not an EIA is required for

a development proposal)

Scoping(identifying the

content and extent of the

Environmental Information to be submitted in the

EIA. TOR issued)

ES submitted

Review (establish whether the ES conforms to the

TOR and is adequate for

MEPA to take an informed decision

onDevelopment

Consent)2

yes

ES Certification

Public Consultation &

Public Hearing (if EIS)

Complete EPD Report on EIA

noEIA Exemption

Process

Main EIA Timeframes

�inform client of screening decision after receipt

of PDSmax. 4 weeks

� applicant accepts screening decision max. 30 days

� consultees submit items for ES TOR 21 days

� consultation on draft ES min. 30 days

�certified ES made available for public

consultationmax. 21 days

� public hearing

held 15-30 days

from publishing in

Govt. Gazette

� post public hearing public consultation max. 7 days

• Overview of Environmental Assessment process:

http://www.mepa.org.mt/permitting-ea-overview

• Copies of EIAs, Terms of Reference and final EPD Reports on EIA can be found in the following link:

http://www.mepa.org.mt/permitting-ea-cons

• Email: eiamalta@mepa.org.mt

Further Information