Issue link: https://maltatoday.uberflip.com/i/678126
maltatoday, WEDNESDAY, 11 MAY 2016 7 CONTINUES FROM PAGE 1 Illegali- ties outside the development scheme are not eligible for regu- larisation through the new legal notice. Illegal developments cannot be regularised if in the opinion of the Authority, the develop- ment constitutes an injury to the amenity. The legal notice speci- fies that the use of these build- ings as dwellings, offices or retail outlets is not deemed to consti- tute an injury to amenity. But the PA cannot regularise other uses (like restaurants) if such use is not permitted in the area by cur- rent planning policies. Moreover the PA cannot regularise any commercial development, which has already been served with an enforcement notice. But it can still regularise any kind of dwell- ing which has been served with an enforcement notice. The existing development which may be regularised, has to appear in the Authority's aer- ial photographs taken in 2016, thereby excluding any future de- velopment. A draft legal notice states that development must be approved following a "recommendation of the Executive Chairper- son", a post presently occupied by Johann Buttigieg. But a PA spokesperson confirmed that in this case this power would be delegated to the planning direc- torate, which will be issuing a report recommending approval, or disapproval as happens in normal applications presented to the authority. Moreover, when the Author- ity's Planning Board does not follow the recommendation by the planning directorate, it shall provide the "specific planning reasons" in justif ying the over- turning of such recommenda- tion. In its decision, the authority can impose conditions aimed at improving the design quality of the building and its relationship to its context. Whenever the authority de- cides to approve an application it shall also have the power to im- pose any condition, which it may deem necessary, including a time frame of two years to execute specific works, failing which the application would be dismissed. Regularisation also applies to illegal commercial activities and even to illegal dumping. Regu- larising the dumping of con- struction waste over 250ms of land within development zones would cost €900. Regularising an illegal public car park over 250 square metres would cost €5,400. Regularising an illegal 1000m2 livestock farm would cost €3,400. What has changed? At present, properties in a state of illegality and which lack a per- mit, cannot be sold, modified or redeveloped. This renders such buildings uninhabitable while also diminishing their commer- cial value. The planning amnesty through which owners can pay a fine for them to become legal, will al- low them to put these properties back on the market. In February 2015 the Malta Environment and Planning Au- thority confirmed that it was considering a procedure through which owners of illegal develop- ments carried out before January 2013 within development zones, and before 1994 in outside devel- opment zones (ODZ), could get a full permit after paying a hefty fine. But the present draft excludes ODZ development from regu- larisation. This decision could ref lect increased awareness on ODZ development following the Zonqor controversy. Existing legislation introduced by the previous government in 2012 and 2013 only allows own- ers to request MEPA to refrain from executing an enforcement notice on a number of minor illegalities already defined in the law. In the past three years, MEPA approved 4,006 requests to stop planning enforcements against minor illegalities, such as those being in breach of sanitary regulations due to discrepancies in the size of internal yards or back yards. But these buildings are still technically irregular and cannot be sold as any other legally permitted buildings. News Biljetti: Teatru Manoel Box Office (21246389) jew www.teatrumanoel.com.mt Kitba u Tmexxija ta' Malcolm Galea Mejju 13, 14, 15, 20, 21, 22 Approval hinges on executive chairperson's recommendation €3,300 €5,600 €8,900 €22,000 €1,500 €2,500 €4,000 €10,000 €5,300 €8,800 €14,000 €35,000 €6,500 €11,000 €17,000 €43,000 €1,700 €2,800 €4,500 €11,000 €3,600 €6,000 €9,600 €2,400 €550 €850 €1,400 €3,400 Villa Flat Bungalow Penthouse Garage Shop Farm Buildings 150m2 250m2 400m2 1,000m2