Issue link: https://maltatoday.uberflip.com/i/1498480
constitute an injury to amenity. More- over, 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 re- quired to take into consideration pri- vacy distances, safety issues and out- look levels. Can a building, entirely within an ODZ site, be regularised? No. Only existing, unsanctionable, non-conformant, developments with- in a Category 1 Rural Settlement built before 2016 may be considered. Can a building that is not covered with a permit be regularised? No, it is not eligible for regularisa- tion unless it is located entirely with- in a Category 1 Rural Settlement and built before 2016. What is a rural settlement? Rural Settlements were designated in the 2006 through the local plans. These settlements, outside the devel- opment zone boundaries, were areas, where several old building permits for dwellings had been given, that were near the main urban areas but sepa- rated 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 amend- ments be approved. Properties, which fall partially beyond the development boundaries, shall be able to apply through this process. However, regularisation shall apply only to sites accommodating existing development and their curtilage, which site is already covered by a permit is- sued prior to 2016. Sites located par- tially 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? Yes. An applicant shall still be obliged to pay a minimum administrative fee of €50 for every application. Additionally, every application shall be subjected to a revised schedule of fees as set out in the regulations. Will registered interested parties still retain rights? When the Planning Authority re- ceives an application for a site, on which there is an enforcement notice still in force, the Authority shall safe- guard the interests of all third parties who had submitted 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 inform the Authority whether they are to be considered as registered interested parties. Can the Authority impose conditions? The Authority, on issuing a permit, re- tains the right to impose any conditions which it may deem necessary, including the execution of specific works within a specified timeframe. Failing to abide by these conditions shall result in the dis- missal of the application. The Authority reserves the right of an enforcement ac- tion should the application be refused. How will the Authority distribute the income derived 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. For more information visit www.pa.org.mt 11 COMMERCIAL 4.5.2023