Planning Authority Notice
The Planning Authority has published new regulations which will provide property owners with a ‘one-time opportunity’ to regularise existing unsanctionable non-conformant developments located entirely within the development boundaries. Through the introduction of this new temporary regularisation process, home owners amongst others, whose property carries planning illegalities, which in some cases date back many years, will be in a better position to sell or acquire a bank loan for their property.
The new regulations, which will expire after two years, will also legalise any irregular developments, within the development boundaries, which in past years benefitted from a Category B concession.
The Planning Authority will only consider regularising past legally non conformant developments if the building or structure does not result in an 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.
Every application will be subject to a fee, calculated on the total and combined roofed over area of each floor of the property being regularised. A 25% surcharge on the fee shall be applied should an application be submitted after the two years but prior to three years from the coming into force of these regulations. Applicants will also be obliged to pay a minimum administrative fee of €50.
Applications which are related to cases already covered by a Category B concession will automatically get deducted the fee they had paid the Authority when they applied for the concession in previous years. Furthermore, should an application be refused by the Authority, 90% of the fees paid shall be refunded to the applicant.
When the Planning Authority receives an application for a site on which there is an enforcement notice still in force, the Authority will safeguard the interests of all third parties who had submitted a formal complaint for which a notice had been issued. In these cases, the Authority will inform these same third parties of the submitted regularisation application and offer them the option that within a 15 day period, they are to notify the Authority whether to be considered as registered interested parties. Registered interested parties automatically hold the right to appeal the Planning Commission’s decision before the Tribunal.
The Authority on issuing a permit will still retain the right to impose any conditions which it may deem necessary, including, but not limited to, the execution of specific works within a specified time-frame of two years. Failing to abide by these conditions will result in the application being dismissed.
MORE INFOR HERE: http://www.pa.org.mt/news-details?id=1134