Proposals to marginally widen non-conformity development regulations

Government has requested the Planning Authority (PA) to propose amendments to the Regularisation of Existing Development Regulations. These proposals include developments that fall within a Category 1 Rural Settlement, and pre-2016 properties which have their site perimeter partially beyond the development boundaries but covered with an existing permit.

The Regularisation of Existing Development Regulations were introduced in August 2016 and give property owners with unsanctionable, non-conformant, development located entirely within the development boundaries, the opportunity to regularise their development. These regulations enable owners to be in a far better position to sell, or use their property as a guarantee for finance.

The PA is proposing to amend the regulations so that existing, unsanctionable, non conformant developments which are sited entirely within a Category 1 Rural Settlement may also be considered for regularisation.

Rural settlements were designated in the 2006 through the local plans. These settlements, outside the development boundaries, were areas, where several old building permits for dwellings had been granted and that were near the main urban areas but separated by an undeveloped gap.

The draft amendments also include properties which fall, partially, beyond the development boundaries.

The regularisation shall only apply to existing buildings whose site is already covered by a permit issued prior to 2016.

Only non-sanctionable variations from the existing permit shall be considered within the permitted site boundary.

Sites where no form of development permission exists, shall not be eligible for regularisation.

The current regulations consider regularising past legally non conformant developments only if the building, or structure, does not result in any injury to amenity and if the use of the development is in conformity with current planning policies and regulations.

Additionally, the existing irregular development cannot have a footprint which goes beyond what appears in the Authority’s aerial photographs of 2016. Any extension, or addition, beyond this footprint cannot be regularised. These prerequisites are set to remain untouched.

The draft regulations also propose to regularise those developments where an existing enforcement notice had been issued by the Authority prior to 2016.

Since the introduction of these regulations in 2016, the Authority received over 19,500 applications.

Over the years, the Authority has used the monies generated from these applications to finance schemes for the regeneration of our town and villages, namely the Irrestawra Darek Grant Scheme, Irrestawra l-Faċċata, Irrestawra l-Każin and the Traditional Wooden Balcony Restoration Grant Scheme. Some of the monies are also used for urban improvement projects proposed by local councils, or NGOs, through the Development Planning Fund.

The full draft amendments may be viewed on the PA’s website https://www.pa.org.mt/consultation

The Planning Authority invites the public to submit representations to the proposed amendments regarding the Regularisation of Existing Development Regulations. Submissions are to be sent by email on: [email protected]

Submissions must be sent to the Authority not later than the 21st November 2022.

What is the problem with certain properties today?

Certain property owners are not able to place on the market, or acquire a bank loan for their property, due to an irregularity which is non sanctionable, and took place before 2016.

Can all non-sanctionable existing development be regularised?

No. Up until today, applications for regularisation are only accepted for irregular buildings and structures which are, entirely, within the development boundaries. The proposed amendments seek to, marginally, widen this and to include also pre-2016 properties which have their site perimeter partially beyond the development boundaries, but which are covered with an existing permit. The amendments also propose to include development entirely within a Category 1 Rural Settlement. The irregular development must not constitute an injury to amenity. Moreover, any irregularity must appear in the 2016 aerial photographs taken by the Authority.

What is an injury to amenity?

An irregular development cannot jeopardise the ‘comfort, convenience, safety, security and utility that may be enjoyed within, and around, a property or neighbourhood’. When considering an application, decision-makers are therefore required to take into consideration privacy distances, safety issues and outlook levels.

Can a building, entirely within an ODZ site, be regularised?

No. Only existing, unsanctionable, non-conformant, developments within a Category 1 Rural Settlement may be considered.

Can a building that is not covered with a permit be regularised?

No, it is not eligible for regularisation.

What is a rural settlement?

Rural Settlements were designated in the 2006 through the local plans. These settlements, outside the development zone boundaries, were areas, where several old building permits for dwellings had been given, that were near the main urban areas but separated by an undeveloped gap.

My dwelling, with non-sanctioning irregularities, is situated, partially, beyond development zone. Can i opt for the regularisation process?

Yes, should the proposed amendments be approved. Properties, which fall partially beyond the development boundaries, shall be able to apply through this process. However, regularisation shall apply only to sites accommodating existing development and their curtilage, which site is already covered by a permit issued prior to 2016. Sites located partially within an ODZ, where no form of development permission exists, shall not be eligible for regularisation.

Will there be a change in the application fee?

No. An applicant shall still be obliged to pay a minimum administrative fee of €50 for every application. Additionally, every application shall still be subjected to a fee, calculated on the total and combined roofed over area of each floor of the property being regularised.

Will registered interested parties still retain rights?

When the Planning Authority receives an application for a site, on which there is an enforcement notice still in force, the Authority shall safeguard the interests of all third parties who had submitted a formal complaint for which a notice had been issued. In such cases, the Authority shall inform these third parties of the submitted regularisation application and offer them the option that, within a 15-day period, they inform the Authority whether they are to be considered as registered interested parties. Registered interested parties automatically hold the right to appeal the Planning Commission’s decision before the Tribunal.

Can the Authority impose conditions?

The Authority, on issuing a permit, retains the right to impose any conditions which it may deem necessary, including the execution of specific works within a specified timeframe. Failing to abide by these conditions shall result in the dismissal of the application. The Authority reserves the right of an enforcement action should the application be refused.

How shall the authority distribute the income deriverd from these applications?

Since the introduction of these regulations in 2016, the Authority received over 19,500 applications. Over the years, the Authority has distributed its income generated from these applications to finance schemes for the regeneration of town and villages, namely the Irrestawra Darek Grant Scheme, Irrestawra l-Faċċata, Irrestawra l-Każin and the Traditional Wooden Balcony Restoration Grant Scheme. Some of the monies are also used for urban improvement projects, which are proposed by local councils, or NGOs, through the Development Planning Funds.