Issue link: https://maltatoday.uberflip.com/i/1484063
maltatoday | SUNDAY • 13 NOVEMBER 2022 13 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, applica- tions for regularisation are only accepted for irregular buildings and structures which are, en- tirely, within the development boundaries. e proposed amendments seek to, margin- ally, widen this and to include also pre-2016 properties which have their site perimeter par- tially beyond the development boundaries, but which are cov- ered with an existing permit. e amendments also propose to include development entire- ly within a Category 1 Rural Settlement. e irregular de- velopment 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 proper- ty or neighbourhood'. When considering an application, decision-makers are therefore required to take into consider- ation privacy distances, safety issues and outlook levels. Can a building, entirely within an ODZ site, be regularised? No. Only existing, unsanc- tionable, non-conformant, de- velopments within a Category 1 Rural Settlement may be con- sidered. Can a building that is not covered with a permit be regularised? No, it is not eligible for regu- larisation. What is a rural settlement? Rural Settlements were desig- nated in the 2006 through the local plans. ese settlements, outside the development zone boundaries, were areas, where several old building permits for dwellings had been given, that were near the main urban are- as but separated by an undevel- oped 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 partial- ly beyond the development boundaries, shall be able to apply through this process. However, regularisation shall apply only to sites accommo- dating existing development and their curtilage, which site is already covered by a permit issued prior to 2016. Sites lo- cated 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. Additional- ly, every application shall still be subjected to a fee, calculat- ed on the total and combined roofed over area of each floor of the property being regular- ised. Will registered interested parties still retain rights? When the Planning Author- ity receives an application for a site, on which there is an en- forcement 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 cas- es, the Authority shall inform these third parties of the sub- mitted regularisation applica- tion and offer them the option that, within a 15-day period, they inform the Authority whether they are to be consid- ered as registered interested parties. Can the Authority impose conditions? e Authority, on issuing a permit, retains the right to im- pose any conditions which it may deem necessary, including the execution of specific works within a specified timeframe. Failing to abide by these con- ditions shall result in the dis- missal of the application. e 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 distribut- ed its income generated from these applications to finance schemes for the regeneration of town and villages, name- ly the Irrestawra Darek Grant Scheme, Irrestawra l-Faċċata, Irrestawra l-Każin and the Tra- ditional Wooden Balcony Res- toration 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 Fund. sation of Existing Development Regulations. Submissions are to be sent by email on: regularisa- tion.amendments@pa.org.mt Submissions must be sent to the Authority not later than the 21st November 2022.