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MALTATODAY 7 May 2023

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maltatoday | SUNDAY • 7 MAY 2023 9 COMMERICAL clude development entirely within a Cat- egory 1 Rural Settlement. The irregular development must not constitute an injury to amenity. Moreo- ver, any irregularity must appear in the 2016 aerial photographs taken by the Au- thority. What is an injury to amenity? An irregular development cannot jeop- ardise the 'comfort, convenience, safety, security and utility that may be enjoyed within, and around, a property or neigh- bourhood'. When considering an application, de- cision-makers are therefore required to take into consideration 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 built before 2016 may be considered. Can a building that is not covered with a permit be regularised? No, it is not eligible for regularisation un- less it is located entirely within 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 development zone boundaries, were areas, where sev- eral old building permits for dwellings had been given, that were near the main urban areas 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 par- tially beyond the development bound- aries, shall be able to apply through this process. However, regularisation shall apply only to sites accommodating existing devel- opment and their curtilage, which site is already covered by a permit 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 applica- tion 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 receives an application for a site, on which there is an enforcement 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 cases, the Authori- ty 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 reg- istered 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 in- come derived from these applications? Since the introduction of these regula- tions in 2016, the Authority received over 19,500 applications. Over the years, the Authority has distributed its income gen- erated from these applications to finance schemes for the regeneration of town and villages, namely the Irrestawra Darek Grant Scheme, Irrestawra l-Faċċata, Irrest- awra l-Każin and the Traditional Wooden Balcony Restoration Grant Scheme. Some of the monies are also used for urban im- provement projects, which are proposed by local councils, or NGOs, through the Development Planning Fund. For more information visit www.pa.org.mt

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