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Environment And Development Planning Act (Cap. 504) Development Planning (Fees) (Amendment) Regulations, 2011 (L.N. 48 Of 2011 )

ENVIRONMENT AND DEVELOPMENT PLANNING ACT (CAP. 504)Development Planning (Fees) (Amendment) Regulations, 2011

BY VIRTUE of the powers conferred by articles 60, 61, 79 and 80 of the Environment and Development Planning Act, the Prime Minister and the Malta Environment and Planning Authority, with the concurrence of the Minister of Finance, the Economy and Investment, have made the following regulations:-

Title.

L.N. 356 of 2010

.

Amends regulation

1 of the principal regulations.

Amends regulation

2 of the principal regulations.

(b) These regulations shall be deemed to have come into force on the 16th July, 2010.

( a ) i n p a r a g r a p h ( c ) t h e r e o f , t h e w o r d s “ w i t h i n
30 calendar days from date of issue of the bill” shall be substituted with the words “by the 28th February 2011”; and
(b) in paragraph (d) thereof, the words “within 30 calendar days from date of the coming into force of these regulations” shall be substituted with the words “by the 28th February 2011”.

(a)  for the definition “demolition of a building” there 

shall be substituted the following:
“ “demolition of a building or structure” means the pulling down or removal of the roof and any wall forming such building, room within a building, or structure;”;

(b)  immediately after the definition “extension” there 

shall be added the following new definition:

“ “farmhouse” means a single family dwelling used for habitation by a registered farmer;”;

(c)  for  the  definition  “floor  area”  there  shall  be 

substituted the following:

“ “floor area” means: 

(a) for residential purposes, the amount of  floor  area  within  a  building  determined  by the external measurements of the building, that includes the thickness of the external walls and half the thickness of dividing or party walls, and
includes: any projecting rooms, staircases, lifts, shafts, internal yards, verandahs, open terraces, balconies, within the building footprint at each level; washrooms; terraces formed at roof level when these belong to penthouses or to any roof

structure exceeding 36m² (excluding washrooms serving multiple flats); back yards, back gardens, front gardens, estate or plot gardens, self-imposed

setbacks, at the lower level; and other structures w i t h i n t h e s i t e b o u n d a r i e s ; u n l e s s o t h e r w i s e specifically set out within these regulations; and
(b) for non residential purposes, the amount of floor area within the site boundaries determined by the external measurements of the building, that includes the thickness of the external walls and half the thickness of dividing or party walls, and
includes: any projecting rooms, staircases, lifts, shafts, internal yards, verandahs, open terraces, within the building footprint at each level; plant facilities; terraces formed at roof level occupied

by  structures  exceeding  36m²  (excluding  plant 

facilities); balconies; canopies and other spaces,
i n c l u d i n g o p e n s p a c e s , u s e d f o r c o m m e r c i a l purposes:
Provided that the void left in an intermediate level is not to be included in the calculation of floor area:
B 547
B 548 VERŻJONI ELETTRONIKA
Provided further that an internal yard shall not be included in the calculation of floor area at the upper level, when its size exceeds the area set out in the following table:

mmediately after the definition

added the (fdo)l lowiminmgendeiwatedlyef ianfitteiro nth:e definition “special building” 

'social /

and

(a) h

there shall be added the following new definition:

cultural / sports / educational category

“‘social / cultural / sports / educational/
forced relo ; ation category” means and is limited to

residential ;

places in condneevcetlioopnmweinthts pcuobnlcicerwnionrgs:hip or religious nstruction or the

social or recreational activities of a religious body

(d)

museums

(;a) hospitals/nursing homes;

(f) ;

(b) residential institutions;

social lubs / ocieties

restaurant) (h) s

(c) places in connection with public worship
or religious instruction or the social or recreational

6 uses, which do not afcotrimvitpieasrtooffaarceolimgimouesrcbioaldyd;evelopment, where the ncil, the Kunsill Malti ghall iSport or an entity

(d) educagtiona-l institu; toiorns;

evelopment which is required to relocate by an order of Government or a

(e;)”. !museums;
(f) public libraries;
(g) social clubs / societies premises (not including any Class 6 uses bars, restaurant);
(h) structures housing sports facilities, or amenities thereto, excluding class  6  uses,  which do not form part of a commercial development, where the applicant is a local council, the

Kunsill Malti ghall-iSport or an entity duly registered with the Kunsill Malti ghall-iSport; or
(i) development which is required to relocate by an order of Government or a government agency or entitiy;”.

1”.

(a) in paragraph 1 thereof, the tables of fees shall be substituted with the following new table of fees:
B 549

Amends regulation

4 of the principal regulations.

Amends Schedule

1 to the principal regulations.

B 550 VERŻJONI ELETTRONIKA

Advertisements 104.12 - - - - - 10.00 - Agriculture 0.96 - 1.98 - 0.94 - 0.05 -

Boathouse For Registered

Fisherman 2.08 - 3.29 - 1.88 - 0.20 -

Bungalow 11.90 - 5.60 - 2.80 - 0.12 -

Change Of Use To Non Residential 9.07 - - - - - 0.80 - 25,00

Commercial Building (including

extensions) 9.07 - 5.97 - 3.22 - 0.80 - Disposal of Construction &

Demolition Waste 1.42 - - - - - 0.30 -

Engineering Operations 0.57 - - - - - 0.30 - 40,0

Env. & Dev. Brief / Outline

Applications - Normal Buildings 0.42 - - - - - - - 55,0

Film Set 2.12 - - - - - 0.15 - Flat / Terraced House / Maisonette 1.24 - 3.08 - 1.68 - 0.12 -

Garages ancillary to other uses on

site 1.24 - 3.08 - 1.68 - 0.12 -

Greenhouse 0.69 - - - - - 0.05 -

Land Reclamation for Agriculture 0.71 - - - - - 0.10 - 6,0

Livestock Farm Building 0.96 - - - 0.94 - 0.05 - Other garages 5.95 - 3.29 - 1.88 - 0.10 - Penthouse 13.02 - 12.69 - 5.17 - 0.12 -

Plant and Machinery 0.57 - - - - - 0.30 - 25,0

Public Car Park 6.35 - 5.97 - 3.22 - 0.80 - Quarry (New / Horizontal

Extension) 1.28 - - - 0.47 - 0.30 - 40,0

Social / Cultural / Sports /

Educational/Forced Relocation

(New / Change of use) 5.50 - 3.00 - 1.70 - 0.12

-

40,0

Temporary Structure / Use Of Land 2.12 - - - - - 0.15 - Villa (Semi / Fully Detached -2

dwelling units) / Farmhouse 7.29 - 5.60 - 2.80 - 0.12 -

Waste Disposal 1.42 - - - - - 0.30 - 25,0

Satellite dishes above 2m diameter

or telecommunication antennae - 150.00 - - - - - 5.00

Other development not otherwise

specified - 150.00 - - - - - 5.00

Vending Machine - 150.00 - - - - - 10.00

Overall Application Capping 1,000,0

(1)

(1) Only where the change of use solely involves the use of land

B 551

B 552 VERŻJONI ELETTRONIKA
(b) in the proviso to paragraph (1) thereof -
(i) paragraph 6 thereof shall be substituted with the following:
“ 6 . F o r n e w p u r e l y c o m m e r c i a l development, or where the development is solely a mix of commercial and social/cultural/educational/

sports, the floor area shall be charged at the rate 

per square meter as listed in Schedule 1 and the
Development Permit Fee and Environment Fee for the site area shall be charged separately at the commercial rate per meter square; any site area being increased in relation to proposed extensions would also be so charged separately;”;
(ii) paragraph 10 thereof shall be substituted with the following:
“10. (1) The rate regulating the Change of
Use to Non Residential will only be applied:
(a) in the case where the permission covering the development subject of the application for change of use is still valid, the development subject of the application for change of use is covered by a compliance

certificate;

or
(b) in the case where the permission covering the development subject of the application for change of use has expired, the development subject of the application for change of use is completed in accordance with the permission on site, or is completed and the building shows as existing as at 1968.
(2) When a residential development includes an extension having an area exceeding 20m², where applicable, the rate for Extensions to Dwellings, shall be charged to cover 20m² of the area being extended, and any area in excess of 20m3 shall be

calculated at the applicable rate per square metre

applicable to the type of dwelling being extended.

(3) Where the development consists of an extension  to  a  commercial  development  which does not bring about an increase in the site area of the original development, the rate regulating alterations to commercial development shall also cover extensions up to 15m².  Extensions larger 

than 15m² are to be calculated at the commercial 

rate, over and above the rate for alterations.

(4)  When more than 75% of an existing unit is proposed to be demolished and the construction of new buildings or structures on site is also

proposed, the resulting development shall not be considered as an extension to the part of the building or structure being retained, but shall be charged at the rate for a new unit applicable to the type of development being proposed.
(5) Change of use into residential is to be calculated using the same rate applied for the construction of the relevant new residential development.

(6)  When  the  subdivision  of  an  existing residential unit, relative to which fees were paid in accordance with the Building Levy Rates,

Regulations, 1996, is proposed, the applicable rate for the unit type is to be charged in relation to the smallest created unit.”;
(iii) in paragraphs 17, 18 and 19 thereof, the word “department” wherever it may occur, shall be substituted with the words “entity or regulatory authority”; and
(iv) immediately after paragraph 23 thereof, there shall be added the following new paragraph:
“24. When an application, relative to which a Development Permit Fee and Environment Fee in excess of  2,000 euro was required and paid, is withdrawn prior to it being decided and a new application is submitted by the same applicant
B 553

L.N. 112 of 1996

.

B 554 VERŻJONI ELETTRONIKA
on the same site within 3 months from the date of submission of the request for withdrawal of the original application, 40% of the Development Permit Fee and Environment Fee paid in the original application shall be deducted from the fees due in relation to the new application.”.

Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper <.. image removed ..>

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