S.L. 552.34 Art. 6Notification procedure.  Cap. 549.

(1) Development under this order shall be notified to the Authority prior to the commencement of any work, on the form provided by the Authority. The Authority may require different forms for different classes of permitted development and different forms may not require all the information listed under paragraphs (a) to (h). With this form there shall be attached three (3) copies of all the necessary plans and elevations, two (2) good-quality colour photographs properly representative of the site and any other relevant documentation as provided in this order or as the Authority may deem necessary, so that the details submitted to the Authority shall clearly and correctly identify:

(a) the responsible perit;

(b) the applicant;

(c) the precise location and full extent of the applicant’s property, and the applicant’s title over the property. Where considered necessary by the Authority, these shall be confirmed by a copy of the public deed which demonstrates the respective title;

(d) the full nature and full extent of the works;

(e) the Class of Schedule I permitting such development;

(f) all previous permits, applications and notifications affecting the applicant’s property;

(g) any required approval by other relevant public authorities or entities, as specified in this order. This shall include an authorisation by the competent authority, ON SPECIFIED LOCATIONS

accompanied by a clear site plan, and any other relevant documents, which is also stamped and endorsed by the competent authority with a reference to the authorisation; and

(h) access to the site, indicated on a location map, if the site does not abut on a public street.

(2) Following the validation of the notification, the Executive Chairperson shall prepare a recommendation, within thirty (30) days from validation, on whether the application satisfies all the requirements of this order, which recommendation shall be referred for authorisation to the Chairperson of the Planning Board or his delegate who shall decide on whether to grant or refuse the authorisation of the notification by not later than seven (7) days from the referral of the recommendation.

(3) When deciding on the authorisation of the notification, the Chairperson of the Planning Board or his delegate shall apply the provisions of this order. Furthermore, when the Chairperson of the Planning Board or his delegate decides to refuse the authorisation, he shall provide the specific planning reasons provided by him.

(4) The Authority shall issue the decision by an electronic means of communication within seven (7) days from the decision on the authorisation for notification.

(5) When the authorisation for notification is granted, the Authority shall return one endorsed copy of all the plans submitted, clearly indicating that the works are permitted. In the event of any discrepancy between any approved plans and the relevant provisions of the order as communicated in the Authority’s response, the latter shall prevail.

(6) If the works are authorised, such authorisation by the Authority shall be valid for a period of three (3) calendar years commencing on the date on which the official notice by the Authority is issued:

Provided that the applicant may request an extension of the period of validity of the authorisation which cannot exceed in aggregate another three (3) calendar years.

(7) Where development has been carried out without the notification required in accordance with sub-regulation (1), and that development complies fully with the relevant exceptions, limitations and conditions of this order, the notification of that development shall be deemed to be a notification in accordance with sub-regulation (1), except where otherwise provided in this order.

(8) Wherever development has been carried out without the notification required in accordance with sub-regulation (1), or a notification has been made and the Authority has not issued the authorisation within the periods specified in sub-articles (2) and (4), and such development:

(a) runs counter to policies, plans or legislation approved in accordance with the Act or the Environment Protection Act; or

(b) is not correctly, completely and unequivocally reflected in the notification, the Authority shall still have the right to stop works and, or to take enforcement or other action in accordance with the Act.

(9) Where development is carried out after the validity of the authorisation stipulated in this order has expired, or after the Development Order under which it was permitted has been repealed, the Authority shall still have the right to stop the works and, or to take enforcement or other action in accordance with the Act.

SCHEDULE I CLASSES OF PERMITTED DEVELOPMENT

(article 4)

CLASS 1 – Development in zones administered by INDIS Malta Ltd or Malta Enterprise

(a) The demolition, excavation, construction, re-development, alteration or extension of an industrial unit or a unit for any purposes ancillary to the main industrial unit within industrial zones as indicated in the Subsidiary Plans and which are administered by INDIS Malta Ltd or Malta Enterprise, provided that:

(i) the predominant use of the industrial unit falls within one of the industrial, storage and distribution use Classes of the Development Planning (Use Classes) Order (S.L. 552.15), and includes any other use which is ancillary to the predominant use;

(ii) the proposed development does not result in an industrial unit higher than:

-the height stipulated in the relevant map in Schedule II; and

- fifteen (15) metres within all other zones ON SPECIFIED LOCATIONS

administered by INDIS Malta Ltd or Malta Enterprise, measured from the highest street level along the external perimeter of the unit;

(iii) the unit does not replace communal landscaped areas or communal car parking spaces as indicated in the Local Plans;

(iv) the unit whereby the development is being proposed does not in any way abut on or is adjacent to any property that is not administered by INDIS Malta Ltd or Malta Enterprise, as the case may be;

(v) the proposed development, including the creation or formation of a new vehicular access or any changes to the road boundary, shall have the prior approval of INDIS Malta Ltd or Malta Enterprise, where relevant;

(vi) the height of the industrial unit and the materials shall have the prior approval of the authority responsible for Civil Aviation, where deemed relevant by the Authority;

(vii) it shall be subject to prior clearance of the Building and Construction Authority;

(viii) where the applicant is not INDIS Malta Ltd or Malta Enterprise, it shall be subject to prior clearance of INDIS Malta Ltd or Malta Enterprise, as applicable.

(b) The construction, redevelopment, alteration or extension of a unit (eg. substation etc.) for any purpose ancillary to the main industrial use within zones administered by INDIS Malta Ltd or Malta Enterprise, provided that sub-items (i) to

(viii) under item (a) of this Class shall apply mutatis mutandis. SCHEDULE II INDIS Malta Ltd Zones ON SPECIFIED LOCATIONS ON SPECIFIED LOCATIONS