Proposals to “marginally widen” non-conformity development regulations have been issued by the Planning Authority.

In a statement, the PA said that the government requested the Planning Authority to propose amendments to the Regularisation of Existing Development Regulations.

It is understood that these amendments intend to sanction illegal buildings built on land outside the development zone (ODZ).

These proposals include developments that fall within a Category 1 Rural Settlement, and pre-2016 properties which have their site perimeter partially beyond the development boundaries but covered with an existing permit.

The Authority said that the regularisation of Existing Development Regulations were introduced in August 2016 and give property owners with unsanctionable, non-conformant, development located entirely within the development boundaries, the opportunity to regularise their development.

These regulations enable owners to be in a far better position to sell, or use their property as a guarantee for finance, it said.

The PA said that it is proposing to amend the regulations so that existing, unsanctionable, non conformant developments which are sited entirely within a Category 1 Rural Settlement may also be considered for regularisation.

It explained that rural settlements were designated in the 2006 through the local plans. These settlements, outside the development boundaries, were areas, where several old building permits for dwellings had been granted and that were near the main urban areas but separated by an undeveloped gap.

The draft amendments also include properties which fall, partially, beyond the development boundaries. The regularisation only applies to existing buildings whose site is already covered by a permit issued prior to 2016.

Only non-sanctionable variations from the existing permit will be considered within the permitted site boundary. Sites where no form of development permission exists, will not be eligible for regularisation.

The current regulations consider regularising past legally non conformant developments only if the building, or structure, does not result in any injury to amenity and if the use of the development is in conformity with current planning policies and regulations, the Authority said.

Additionally, the existing irregular development cannot have a footprint which goes beyond what appears in the Authority’s aerial photographs of 2016. Any extension, or addition, beyond this footprint cannot be regularised. These prerequisites are set to remain untouched.

The draft regulations also propose to regularise those developments where an existing enforcement notice had been issued by the Authority prior to 2016.

Since the introduction of these regulations in 2016, the Authority received over 19,500 applications.

Over the years, the Authority said that it has used the monies generated from these applications to finance schemes for the regeneration of our town and villages, namely the Irrestawra Darek Grant Scheme, Irrestawra l-Faccata, Irrestawra l-Kazin and the Traditional Wooden Balcony Restoration Grant Scheme. Some of the monies are also used for urban improvement projects proposed by local councils, or NGOs, through the Development Planning Fund.

The full draft amendments may be viewed on the PA’s website https://www.pa.org.mt/consultation The Planning Authority invites the public to submit representations to the proposed amendments regarding the Regularisation of Existing Development Regulations.

Submissions are to be sent by email on: regularisation.amendments@pa.org.mt Submissions must be sent to the Authority not later than the 21st of November.

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