Issue link: https://maltatoday.uberflip.com/i/1483841
10.11.2022 11 COMMERCIAL 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 ir- regular buildings and structures which are, entirely, within the development boundaries. e proposed amend- ments seek to, marginally, widen this and to include also pre-2016 properties which have their site perimeter partial- ly beyond the development boundaries, but which are covered with an existing permit. e amendments also propose to include development entirely with- in a Category 1 Rural Settlement. e irregular development must not con- stitute 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 proper- ty or neighbourhood'. When consider- ing an application, decision-makers are therefore required to take into consid- eration 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. ese settlements, outside the development zone boundaries, were areas, where several old building permits for dwell- ings 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 par- tially beyond the development bounda- ries, shall be able to apply through this process. However, regularisation shall apply only to sites accommodating ex- isting development and their curtilage, which site is already covered by a per- mit 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 subject- ed 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 inter- ests of all third parties who had sub- mitted 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 in- form 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? e Authority, on issuing a permit, retains the right to impose any condi- tions which it may deem necessary, in- cluding the execution of specific works within a specified timeframe. Failing to abide by these conditions shall re- sult in the dismissal of the application. e Authority reserves the right of an enforcement action should the appli- cation be refused. HOW SHALL THE AUTHORITY DISTRIBUTE THE INCOME DERIVERD FROM THESE APPLICATIONS? Since the introduction of these regu- lations in 2016, the Authority received over 19,500 applications. Over the years, the Authority has distributed its income generated from these applica- tions to finance schemes for the regen- eration of town and villages, namely the Irrestawra Darek Grant Scheme, Irrest- awra l-Faċċata, Irrestawra l-Każin and the Traditional Wooden Balcony Resto- ration Grant Scheme. Some of the mon- ies are also used for urban improvement projects, which are proposed by local councils, or NGOs, through the Devel- opment Planning Fund.