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Malta Environment and Planning Authority
April 2013
Set up
Planning Directorate
Environment Protection Directorate
Enforcement Directorate
Corporate Services Directorate
Development ControlProcess
Process Flow Chart – Screening ProcessApplication Receipt and Vetting
eApplication Submitted
Initial vetting against a minimum
submission checklist (incl.
payment of screening fee)
Accept / reject initial submission
Give Tracking number, if accepted
Print documents
1
Prepare planning application file & plot application
Prepare Bill
Process Flow Chart – Screening ProcessEvaluation
Decide complexity of application.
Check conformity with major policies.
Check all documentation and studies required*1
Indicate external consultations
required
Collate screening letter, indicating
non-conformity to major policies
2
1
Applicant/Architect compiles
documentation(Max. 3 months Schedule 2 – 6
months for Schedule 1 –
timeframe specified in
screening letter)*2
Process Flow Chart – Validation & Planning ProcessValidation & Assessment
Review new submission
including payment of bill. If incomplete,
send back
Confirm plotting, assign PA number
and validate application
3
2
Print site notice and send for publication
Send external consultation
(all by E-Apps)(30 days)
Send int. & ext. consultations with a rep. at MEPA
incl. Sanita(7 days)
Performassessment
Process Flow Chart – Planning Process & DecisionAssessment
4
3
Send any requests for further
information(perit to reply
within 21 days)
Obtain Sanita & ext. consultees with a rep. at
MEPA approval (if required)
Review objections received and replies from consultees
CompileDPA report
(including the EIA and AA reports)
Endorsement of DPAR
Send file to MEPA Board/EPC
agenda
Process Flow Chart – Planning Process & DecisionAgenda Process
Set agenda date and send DPAR to
architect / applicant
Inform objectors of sitting date
Wait for submissions on DPAR (No fresh
drawings accepted)(21 days)
Update notes to committee and
refer for decision
4
MEPA Board /EPC Decision
• Screening – 4 weeks, extendable by additional 3 months for Schedule 1 applications.
• Application compilation by perit – 3 months/6 months, or as specified in screening letter (for Schedule 1 applications).
• Determination – 12 weeks (Schedule 2);26 weeks (Non-Schedule 2)
Important Timeframes
• Deferrals – Only once, within 30 days from 1st sitting.
• Objections – 20 calendar days.• Replies by perit – 21 days.• Comments on DPAR by objectors – before 10 days prior
to date of sitting.• Requests for Reconsideration / Appeal – 30 days from
decision press notice.
Important Timeframes
Submission 12 weeks 26/52 weeks
Amended drawings
Up to 4 weeks after validation
Up to 16 weeks after validation
Material Changes
Prior to validation as a result of screening
After validation up to 8 weeks
Suspension of Works
At the request of the appellant made with the appeal to the Tribunal may suspend the execution of the development, in whole or in part when Development lies:
ODZ; orin scheduled property grade 1 or grade 2; orin property containing archeological remains; ordemolition of façade within UCA; orin any protected area.
Important Provisions – Primary Legislation
Sixth Schedule
Sanctioning is not allowed in relation to:1. An application to regularise a development which exceeds the approved footprint or, increases the approved volume of the building and is not part of a registered livestock farm and is carried out after May 2008 in an area which falls outside areas designated for development as defined in the Structure Plan or in any other plan; or 2. An application to regularise a development in a scheduled property; or 3. An application to regularise a development carried out after May 2008 in a protected area.
Important Provisions – Primary Legislation
Important Provisions
• Reconsiderations against conditions only.• Outline applications no longer available.• Environment & Development Briefs only available to
Schedule 1 applications.• Development falling under the provisions of the DNO
should be cleared through the DNO process and not through a full development permission application.
• During the validity of a permission, the DNO may not be utilised, and changes are to be handled through the minor amendment procedure or through an amended application.
• All communication between the Authority and consultees to be carried out electronically.
• All communication between the Authority and periti to be carried out electronically.
• Drawings to be dimensioned.• Development Profile Form (required by NSO).• Applicant to obtain owner’s consent prior to applying.
Essential Requirements
• Class 1(iv) of Development Notification Order 2007• Permitted development provided in line with Sanitary
Regulations and Development Control Policy & Design Guidance 2007:- Solar panels – Policy 13.2 *
*At ground floor levelPlaced on roof of penthouse/stairwell/washroomReceeded by 2m from front/back edgeNot exceed 1.5m above roof of penthouseScreened by non-solid screen
- Photovoltaic – Policy 13.3 and 13.5
Solar Panels and Photovoltaic Panels
• Acceptable in industrial areas (MIP, non-MIP, SMEs, Enterprise Sites, AOC)
• Acceptable in ODZ provided that:- less than 20m in height;- not located on school buildings;- comply with MRA requirements.
Roof Mounted Micro Wind Turbines
Environment AssessmentProcess
• *1 Case is screened for Environment Impact Assessment (EIA) (LN 114 of 2007), Appropriate Assessment (AA) (LN 311 of 2006), and other environment legal requirements.
• *2 Studies such EIS/EPS/AA etc. required to be submitted and assessed prior to the validation of the application. An application is validated with the finalisation of the EPD report on EIA.
Environment Assessment Requirements –Screening Process & Pre-Planning Application Validation Evaluation
• EIA Screening as per Schedule IA of LN 114 of 2007, as amended.
• AA Screening vis-à-vis any SACs, SPAs, protected habitats or species.
EIA Process
Screening(determine
whether or not an EIA is required for
a development proposal)
Scoping(identifying the
content and extent of the
Environmental Information to be submitted in the
EIA. TOR issued)
ES submitted
Review (establish whether the ES conforms to the
TOR and is adequate for
MEPA to take an informed decision
onDevelopment
Consent)2
yes
ES Certification
Public Consultation &
Public Hearing (if EIS)
Complete EPD Report on EIA
noEIA Exemption
Process
Main EIA Timeframes
�inform client of screening decision after receipt
of PDSmax. 4 weeks
� applicant accepts screening decision max. 30 days
� consultees submit items for ES TOR 21 days
� consultation on draft ES min. 30 days
�certified ES made available for public
consultationmax. 21 days
� public hearing
held 15-30 days
from publishing in
Govt. Gazette
� post public hearing public consultation max. 7 days
• Overview of Environmental Assessment process:
http://www.mepa.org.mt/permitting-ea-overview
• Copies of EIAs, Terms of Reference and final EPD Reports on EIA can be found in the following link:
http://www.mepa.org.mt/permitting-ea-cons
• Email: [email protected]
Further Information