DEVELOPMENT NOTIFICATION  [ S.L.356.07 1
SUBSIDIARY LEGISLATION 356.07
DEVELOPMENT NOTIFICATION ORDER
1st June, 2001
LEGAL NOTICE 126 of 2001, as amended by Legal Notices 120 and 343
of 2002, and 101 of 2003.
Citation .
Order.
Definitions.
Amended by:
L.N. 343 of 2002.
2. (1) In this Order, unless the context otherwise requires -
"Authority" means the Malta Environment and Planning
Authority;
"Balconies Improvement Scheme" means the scheme of this
name, or any subsequent such scheme, for the fmancial support of
the repair and replacement of timber balconies in specific
designated localities;
Cap. 435.
"designated sites or areas" means any Urban Conservation Area,
and other sites and areas identified by Structure Plan policies for
protection, conservation or preservation, including areas of
archaeological, ecological, geological, palaeontological,
architectural, historic, artistic or antiquarian importance, or of
natural beauty, or scientific interest, together with any specific
areas and sites designated under the Act or declared under Parts VI
and VII of the Environment Protection Act;
"dwelling" means a single family dwelling unit, including, but
not limited to, a terraced house, villa, bungalow, flat, penthouse,
maisonette or basement permitted to be used for residential
purposes in terms of Development Control Policy and Design
Guidance 2000;
"environmental impact assessment" means an environmental
impact assessment carried out in accordance with the Act or the
Environment Protection Act;
"environment planning statement" means an environment
planning statement carried out in accordance with the Act or the
Environment Protection Act or the Structure Plan;
"footprint" means the space contained within the external walls
of a building at ground floor level, including internal yards, shafts,
terraces or courtyards totally enclosed or surrounded by the
building, but excluding terraces, backyards, yards and pool decks
not totally enclosed or surrounded by the building;
"grade separated junction" means a junction where two or more
flows of traffic cross at more than one level;
"highway boundary" means land which consists of any existing
road, street, square, court, alley, lane, bridge or footway;
"Outside Development Zone", hereinafter referred to as ODZ,
means development outside the boundary of a temporary provisions
2 [ S.L.356.07 DEVELOPMENT NOTIFICATION 
scheme or outside the boundary for development in a local plan;
"ridge" means a crest of a hill, the line where two upward slopes
meet, and the edge or point where an upward slope or relatively flat
area breaks and becomes a downward slope on a valley or hill side;
"scheduled property" means every area, building, structure,
remains, individual tree or group of trees or woodland scheduled in
terms of articles 46 and 47 of the Act;
"scheme for traffic management" means a scheme including any
works or operations for the purpose of controlling, affecting or
altering, the direction, rate of flow, and means of movement, of
vehicular and pedestrian traffic, and includes, but is not limited to,
the alteration of roadjunctions or kerblines, the parking of vehicles,
restrictions on parking, loading and unloading, pedestrianisation,
and the installation of traffic lights and pedestrian crossings;
"this Order" includes the Schedule to this Order;
Cap. 322.
"Temporary Provisions Scheme" means a planning scheme made
and approved in accordance with the Building Permits (Temporary
Provisions) Act;
Cap. 356. "the Act" means the Development Planning Act;
"Urban Conservation Area" means an historic area (village core)
as designated in a Temporary Provisions Scheme or other area
designated or scheduled in accordance with the Structure Plan and
article 46 of the Act, hereinafter referred to as UCA.
(2) In this Order, words and expressions defined in the Act
shall have the same meaning as they have in the Act.
(3) (i) In this Order, wherever reference is made to a period of
thirty days, such period shall be deemed as excluding
the period of shutdown of the Malta Environment and
Planning Authority offices.
S.L.356.21
(ii) For the purposes of this Order, the period of shutdown
of the Authority offices shall have the same meaning as
that assigned to it in the Period of Shutdown of the
Malta Environment and Planning Authority Offices
(Exemption from Period mentioned in Article 36)
Order.
Permitted 
development.
Amended by:
L.N. 120 of 2002.
3. (1) Subject to the provisions of this Order, development
permission is hereby granted for the classes of development
described as permitted development in the Schedule.
(2) Any permission granted by subarticle (1) is subject to any
relevant exception, limitation, restriction or condition specified in
the said Schedule.
Provided that:
(i) wherever there is mentioned in the Schedule that
the site lies within a distance of 30 metres of any
scheduled property, the exceptions, limitations,
restrictions or conditions entailed by such
distance shall only apply where the affected
scheduled property does not already incorporate
DEVELOPMENT NOTIFICATION  [ S.L.356.07 3
a protective buffer zone. Where such protective
buffer zone is incorporated, this shall have
precedence over the mentioned distance of 30
metres, both where such buffer zone is more
than 30 metres and where it is less. Moreover,
for the purposes of this paragraph, areas
scheduled as Areas of High Landscape Value are
considered as incorporating a buffer zone and
the mentioned distance of 30 metres shall not
apply; and
(ii) in the case of property that is not ODZ and that
is scheduled or designated solely on the basis of
features located underground, any restriction on
permitted development that is entailed by such
scheduling or designation shall not apply in
respect of development on a building which is
already existing if the new development is
located entirely above ground:
Provided that the developer shall here comply with the
procedure of notification specified in article 6(1) and the
development shall become permitted development if the Authority
does not, within thirty days of such notification, give to the
developer a notice in writing that the development requires a
development permission in accordance with Part IV of the Act. In
this case, the provisions of article 6(3) shall not apply.
(3) Nothing in this Order shall permit development contrary to
any condition or limitation imposed by any development
permission granted on an application made in accordance with Part
IV of the Act.
(4) The permission granted by subarticle (1) shall not authorise
any development which -
(i) except in relation to development permitted by
paragraph 1(i) and (ii) and paragraph 2(i) of
Class 3, requires or involves the formation,
laying out or material widening of a means of
access to an existing road; or
(ii) creates an obstruction to the view of, or a
distraction to, persons using any road used by
vehicular traffic, so as to be likely to cause
danger to such persons; or
(iii) in the case of development permitted by Classes
3 to 18, where the development requires an
environmental impact assessment or an
environment planning statement, or which is
located in a designated site or area or within 30
metres of a scheduled property, except where
provided in the Schedule;
(iv) runs counter to policies and plans approved
according to the Act, applicable at the time of
the notification;
(v) involves the demolition of any wall constructed
4 [ S.L.356.07 DEVELOPMENT NOTIFICATION 
in random rubble ( sejjieg ]) or random uniform
rubble ( laqx ); unless the developer shall have
complied with the procedure of notification
specified in article 6(1) and such wall is replaced
by a wall constructed in similar material and
style as soon as practicable.
(5) The exemption under subarticle (1) shall not dispense from
the requirement of any other permission, including any permit from
the sanitary authorities or a Government department or agency,
required by law.
Power to restrict 
permitted 
development.
4. If the Planning Authority is of the opinion that
development described in the Schedule should not be carried out
unless permission is granted for it on an application, the Authority
may by notice in the Gazette direct that the permission granted by
article 3 shall not apply to -
( a ) all or any development of class or classes specified in
the notice in an area or areas so specified; or
( b ) any particular development, falling within a class
specified in the notice;
and thereupon article 3 shall cease to apply to such development.
Traffic 
management 
schemes.
5. Where development consists of, or includes, a scheme for
traffic management, the developer shall give notice to the
Authority giving a written description of the scheme and a plan
indicating the proposed layout of the scheme, and such other details
as may be necessary to provide the Authority with a full and
accurate description of the scheme, and the development shall
become permitted development unless the Authority has, within
thirty days of receiving the description, plan and other details
aforesaid and having regard to the Structure PIan or any Local Plan
in force at the time, and the likely significance or impact of the
scheme, given to the developer a notice in writing that the
development requires a development permit in accordance with
Part IV of the Act, with detailed reasons justifying such a decision.
Procedure of 
notification.
6. (1) Where provided in the Schedule, development shall be
notified to the Authority, prior to the commencement of any work,
on the form provided by the Authority, which shall include a
declaration of the applicant’s title to the property. This form shall
be accompanied by two copies of all plans and elevations where
necessary to clearly identify the architect and civil engineer in
charge, the developer, the site and the nature and extent of the
works, and the class permitting such development. A notification
may cover works which fall into more than one class or paragraph
within a class, where these are to be carried out on the same site.
(2) Where provided in the Schedule, the Authority shall
respond in writing to the notification and shall return one copy of
all the plans submitted, endorsed to state whether or not the works
are permitted development. If the works are not permitted
development, the Authority shall give detailed reasons for such a
decision.
(3) Where development has been carried out without the
DEVELOPMENT NOTIFICATION  [ S.L.356.07 5
notification required in accordance with subarticle (1), and that
development complies with the relevant exceptions, limitations or
conditions specified in the appropriate Class in the Schedule, the
notification of that development shall be treated as though it were a
prior notification in accordance with subarticle (1).
(4) Where development has been carried out without the
notification required in accordance with subarticle (1), or where a
notification has been made and the Authority has not responded to
the notification, whether or not required to do so in the Schedule,
and that development runs counter to policies and plans approved
according to the Act, the Authority shall still have the right to stop
works or take enforcement action, in accordance with the Act.
6 [ S.L.356.07 DEVELOPMENT NOTIFICATION 
CLASS 1
Alterations to existing dwellings and development within the curtilage of dwellings
1. The following development is permitted development under this Class
without the requirement for notification specified in article 6(1):
(i) all internal alterations, other than replacement or reconstruction of
roofs, and alterations in scheduled property, that do not increase the
number of dwelling units, and do not change the use of the building or
parts thereof:
Provided that in designated sites or areas the developer shall have
complied with the procedure of notification specified in article 6(1)
and the Authority does not, within thirty days of such notification,
give to the developer a notice in writing that the development requires
a development permission in accordance with Part IV of the Act;
(ii) the installation of water tanks, associated apparatus and the necessary
screening on the roof, or on the washroom or stairwell roof, of a
dwelling, including a penthouse, provided that -
( a ) the water tank and associated apparatus do not exceed a height of
more than 1.4 metres (5 courses) measured externally above the
level of the roof on which it is situated;
( b ) the water tank is set back at least 4.5 metres from the front facade;
( c ) a screen made up of a  franka  stone wall of not more than 5
courses is erected around the water tank and associated apparatus;
and
( d ) where the water tank and associated apparatus is located on the
roof of multiple dwellings and penthouses, the area where the
water tank and associated apparatus is located and screened shall
not exceed 2 square metres measured externally per dwelling,
except that if the tank is situated on the roof of a dwelling other than
that of a penthouse, washroom or stairwell, and the tank is not higher
than the parapet wall, the tank is not required to be screened;
(iii) the installation of solar heating panels and associated apparatus,
provided that -
( a ) the height of the installation does not exceed 1.9 metres above
roof level;
( b ) the installation is not more than 2.5 metres wide;
( c ) the installation is set back at least 4.5 metres from the front
facade; and
( d ) the installation is not located on the roof of a washroom or other
structure on the roof;
(iv) the construction or installation of water cisterns or reservoirs,
provided that it does not exceed -
( a ) a height of 1.7 metres (6 courses) measured externally above
ground level; or
Amended by:
L.N. 120 of 2002;
L.N. 101 of 2003.
SCHEDULE
(Article 3)
Classes of Permitted Development
DEVELOPMENT NOTIFICATION  [ S.L.356.07 7
( b ) 100 square metres net floor area.
2. The following development is permitted development under this Class,
except in or on scheduled property or ODZ unless otherwise stated, provided that the
developer shall have complied with the procedure of notification specified in article
6(1) and unless otherwise specified, where the site lies in a designated site or area,
including a UCA, or within 30 metres of a scheduled property the Authority does
not, within thirty days of such notification, give to the developer a notice in writing
that the development requires a development permission in accordance with Part IV
of the Act:
(i) the erection of a roof structure on the roof of a terraced house or a
building containing not more than two maisonettes, provided that -
( a ) the number of roof structures is limited to one per maisonette
where erected on the roof of a building containing not more than
two maisonettes and each roof structure is for the exclusive use of
one maisonette;
( b ) the roof structure does not exceed a height of 10 courses (2.8
metres) above roof level measured internally and a height of 12
courses (3.4 metres) above roof level measured externally;
( c ) the roof structure is set back at least 4.25 metres from the front
facade (or the building alignment where the building is located on
a corner);
( d ) the roof structure or structures, together with any stairwell, room,
or other structure on the roof, does not exceed an area of 36
square metres measured externally, except that where the building
contains two maisonettes, the area shall not exceed 36 square
metres measured externally cumulatively for both maisonettes
taken together;
( e ) the design of the roof structure is in keeping with that of the
building and, in Urban Conservation Areas, it is constructed in
natural stone or with a stone finish or finished in a stone colour;
and
( f ) where the terraced house or building containing not more than
two maisonettes is located on a ridge, the roof structure is set
back at least 3 metres from the rear facade of the floor below;
(ii) the erection of a washroom on the roof of a semi-detached or detached
villa, provided that -
( a ) the washroom does not exceed a height of 10 courses (2.8 metres)
above roof level measured internally and a height of 12 courses
(3.4 metres) above roof level measured externally;
( b ) the washroom is set back at least 4.25 metres from the front
facade (or the building alignment where the building is located on
a corner) and at least 1.8 metres from the side elevations;
( c ) the washroom does not, together with the stairwell, exceed an area
of 36 square metres measured externally;
( d ) the design of the washroom is in keeping with that of the building
and, in Urban Conservation Areas, it is constructed in natural
stone or with a stone finish or fmished in a stone colour; and
( e ) where the semi-detached or detached villa is located on a ridge,
the washroom is set back at least 3 metres from the rear facade of
the floor below;
8 [ S.L.356.07 DEVELOPMENT NOTIFICATION 
(iii) the erection of a washroom or washrooms on the roof of a building
containing more than one flat or more than two maisonettes, provided
that -
( a ) the number of such washrooms is limited to one for each dwelling
unit;
( b ) the washroom does not exceed a height of 10 courses (2.8 metres)
above roof level measured internally and a height of 12 courses
(3.4 metres) above roof level measured externally;
( c ) the washroom is set back at least 4.25 metres from the front
facade (or the building alignment where the building is located on
a corner);
( d ) the washroom, including the area of the stairwell, does not exceed
an area of 14 square metres measured externally;
( e ) where more than one washroom is erected, the washrooms are not
connected by covered corridors or passageways;
( f ) the design of the washroom is in keeping with that of the building
and, in Urban Conservation Areas, it is constructed in natural
stone or with a stone finish or finished in a stone colour; and
( g ) where the building is located on a ridge, the washroom is set back
at least 3 metres from the rear facade of the floor below;
(iv) the erection of lift wells and engine rooms provided that if they are at
roof level they -
( a ) do not exceed a height of 1.4 metres measured extemalIy above
the finished roof level of any washroom or penthouse;
( b ) are set back at least 4.25 metres from the front facade or the
building alignment where the building is located on a corner; and
( c ) do not exceed an area of 8 m 2  measured externally,
and provided that in UCAs, the structures shall be abutting to any
existing structures;
(v) the creation of one level of basement to an existing dwelling and
limited to its footprint, and:
(i) does not involve the creation of a new access to a road;
(ii) is to be used for a purpose ancillary to the use of the dwelling; and
(iii) does not exceed 10 courses in height measured internally;
(vi) the provision, within the backyard of a dwelling, of any building or
other structure required for a purpose incidental to the enjoyment of
the dwelling, or the maintenance, improvement or other alteration of
such a building:
Provided that any development as aforesaid shall not be permitted if:
( a ) it exceeds 9.5 square metres floor area measured externally or
would, together with any existing building or other structure in
the backyard of the dwelling, exceed 9.5 square metres floor area
measured externally; or
( b ) it exceeds 2.5 metres (nine courses) in height, when measured
externally, above existing ground level; or
( c ) there would be a permanent access to the roof of such building or
structure; or
( d ) it is located within the minimum permissible backyard (measured
DEVELOPMENT NOTIFICATION  [ S.L.356.07 9
from the rear wall of the dwelling) as defined in paragraph 4 of
this Class; or
(e) it is located within the backyard of property that lies ODZ or
within a backyard that lies ODZ;
(vii) the erection of an extension or extensions, whether or not to the
footprint, to a single dwelling unit in UCAs, set back at least 4.25
metres from the facade, where the accumulated floor area of such
extensions as measured externally does not exceed a total of 22 square
metres, provided that such extensions -
( a ) do not exceed an external height of 12 courses (3.4 metres)
measured from the external roof level if situated at roof level;
( b ) do not exceed the height limitation for the area;
( c ) together with existing structures would not exceed 36 square
metres measured externally in total if situated at roof level;
( d ) do not result in the creation of a separate dwelling; and
( e ) do not exceed the site coverage, habitable floor space and height
limitations applicable to the site;
(viii) the erection of an extension or extensions to a building containing
more than one dwelling unit and used solely for dwelling purposes,
not being in UCAs, provided that the extension or extensions -
( a ) is set back at least 4.25 metres from the facade;
( b ) does not exceed 22 square metres floor area measured externally
for each individual unit, which shall relate to such dwelling and
shall not be cumulative;
( c ) does not exceed the height of the last habitable floor of the
building;
( d ) does not result in the creation of a separate dwelling; and
( e ) do not exceed the site coverage, habitable floor space and height
limitations applicable to the site:
Provided that extensions exceeding 22 square metres floor area
measured externally in total shall not be allowed to any one unit on
the strength of this subparagraph.
3. The following development is permitted development under this Class,
except in or on scheduled property, provided that the developer shall have complied
with the procedure of notification specified in article 6(1) and the Authority does
not, within thirty days of such notification, give to the developer a notice in writing
that the development requires a development permission in accordance with Part IV
of the Act:
(i) the erection of an extension or extensions to a single dwelling unit,
excluding detached and semi detached villas and bungalows, not
being in ODZ or UCAs, set back at least 4.25 metres from the facade
and with a cumulative floor area of not more than 36 square metres
measured externally:
Provided that, where erected at roof level,
( a ) such extensions do not exceed an external height of 12 courses
(3.4 metres) measured from the external roof level;
( b ) such extensions do not exceed the height limitation for the area
except that where erected on the roof of a terraced house the
10 [ S.L.356.07 DEVELOPMENT NOTIFICATION 
extension may exceed the height limitation for the area;
( c ) the cumulative area of extensions and any existing roof structure,
including an existing washroom, shall not exceed 36 square
metres floor area measured externally in total;
( d ) do not result in the creation of a separate dwelling;
( e ) the site coverage and habitable floor space applicable to the site
are nor exceeded; and
( f ) where the dwelling is located on a ridge, the extension is set back
at least 3 metres from the rear facade of the floor below.
4. For the purpose of the development permitted above -
"front facade" means the facade or facades of a dwelling facing a road or roads;
"minimum permissible backyard" means that the backyard, unless otherwise
permitted by law or by the sanitary authorities, is not less than the measurements
given hereunder depending on the number of habitable floors, that is to say -
10 feet (3.05 metres) if there is only a ground floor or a ground and first floor
13 feet (4.43 metres) if there is a ground and two floors
16 feet (5.45 metres) if there is a ground and three floors
19 feet (6.475 metres) if there is a ground and four floors
22 feet (7.5 metres) if there is a ground and five floors
25 feet (8.52 metres) if there is a ground and six floors
28 feet (9.54 metres) if there is a ground and seven floors
31 feet ( 10.565 metres) if there is a ground and eight floors;
"purpose incidental to the enjoyment of the dwelling" includes the keeping of
poultry, pet animals, birds or other livestock for the domestic needs or personal
enjoyment of the occupants of the dwelling;
"roof level" means the level of the lowest part of the roof on which the structure is
to be located;
"roof structure" includes a residential room at roof level conforming to
specifications in Development Control Policy and Design Guidance 2000; a
washroom or a stairwell or stairhood;
"washroom" means a structure at roof level conforming to specifications in
Development Control Policy and Design Guidance 2000.
CLASS 2
Minor operations
1. The following development is pernntted development under this Class,
except in or on scheduled property, without the requirement for notification
specified in article 6(1) -
(i) the alteration or replacement of windows, doors, balconies except for
timber balconies, gates and similar parts of any building, including in
UCAs, in the same traditional style, design and materials as existing;
(ii) the erection of walls in the following areas and under the following
conditions:
( a )  in ODZ - boundary walls provided that:
- the wall does not exceed 1.2 metres above existing soil level
DEVELOPMENT NOTIFICATION  [ S.L.356.07 11
along its whole perimeter provided that where there is a
difference between the soil level on either side of the wall,
the overall height of the wall shall not exceed 2.4 metres from
the lower soil Ievel and 1.2 metres from the higher soil level,
at any point along its perimeter; and
- the wall is constructed in or faced with whole rubble stone
( sejjieg ]), but not clad with split or sectioned rubble stone.
( b ) In UCA - boundary walls, other than walls abutting on the street,
and parapet walls not on the facade of a building provided that:
- the walls are not higher than 2.8 metres, above the highest
soil level, except where located on a ridge, where the walls
shall not be higiþer than 2.4 metres above external soil level;
and
- the walls are constructed in the same style as the building and
in  franka  stone.
( c ) In all other areas -
(i) boundary walls, other than walls abutting on the street, and
parapet walls, provided that the walls are not higher than 2.8
metres, above the highest soil level, except where located on
a ridge, where the walls shall not be higher than 2.4 metres
above external soil level,
(ii) boundary walls abutting the street and enclosing open and
undeveloped land shall be not higher than 1.4 metres and
constructed in pointed  franka  stone and in accordance with
the official street alignment;
(iii) the maintenance of building or other structures, except where
the maintenance involves the replacement of building
elements in a building which is in an UCA or ODZ with
elements of different material or different style, and provided
that the maintenance or replacement of a boundary wall is in
the same materials, style and height;
(iv) the shoring up of a dangerous building or structure, including
others affected by its state, until such time as the danger is
removed.
2. The following development is permitted development under this Class,
except in or on scheduled property, without the requirement for notification as
specified in article 6(1), provided that where the site lies in a designated site or area,
including a UCA, or ODZ, or within 30 metres of a scheduled property, the
developer shall have complied with the procedure of notification specified in article
6(1) and the Authority does not, within thirty days of such notification, give to the
developer a notice in writing that the development requires a development
permission in accordance with Part IV of the Act:
(i) the painting of the exterior of a building or work, except where -
( a ) the painting is for the purpose of advertisement, announcement or
direction;
( b ) the painting involves the whole or a substantial part of a building,
which is located in an UCA or is ODZ and involves also a change
in colour from the colour in which the building is then painted,
unless it is being repainted in a stone colour or colours; or
( c ) the Planning Authority has given notice in writing to the
12 [ S.L.356.07 DEVELOPMENT NOTIFICATION 
developer of the building or works that, having regard to its
location or other material consideration, the permission of the
Authority given on an application made under Part IV of the Act
is required for the painting of its exterior;
(ii) except in Urban Conservation Areas, changes to size, style, form and
materials of doors, windows, and other similar elements of the facade,
excluding timber balconies, where such changes do not alter
materially the character and/or context of the building and its
surroundings;
(iii) the replacement of timber balconies in the same traditional style,
design and materials as existing, provided that notification as
specified in article 6(1) shall not be required where the replacement of
the balcony has been agreed in accordance with the Balconies
Improvement Scheme;
(iv) the erection or reconstruction of front garden walls provided that -
( a ) the wall does not exceed a height of 1.4 metres above finished
road level; and
( b ) the wall is constructed in the same style, design and materials as
the rest of the building;
(v) the installation of air conditioning units on the exterior of a building,
unless the air conditioning unit is located on the facade of a building
facing a road or roads or is visible from a road;
(vi) the replacement or reconstruction of roofs, provided that if the
building is located within an UCA, the reconstruction involves only
the replacement of a composite roof made up of:
( a ) steel joists and stone slabs ( xorok ); or wooden beams and stone
slabs ( xorok ),
( b ) and that in the case of ( b ), the replacement is with the same
materials.
3. The following development is permitted development under this Class,
except on or in scheduled property or ODZ, provided that the developer shall have
complied with the procedure of notification specified in article 6(1) and the
Authority does not, within thirty days of such notification, give to the developer a
notice in writing that the development requires a development permission in
accordance with Part IV of the Act:
(i) the creation of a swimming pool together with its ancillary reservoir
and pump room, except on the roof of a building;
(ii) the erection of boundary walls abutting the street and enclosing open
and undeveloped land within the development boundary as defmed in
local plans or the Temporary Provisions Schemes, not higher than 2.4
metres and constructed in  franka  stone.
4. For the purpose of the development permitted under this Class -
"same style, design, and materials" means the style and design, and the type, form
and colour of the materials, used in the formation or construction of the works which
are to be replaced and "same style" or "different style" shall be construed
accordingly.
DEVELOPMENT NOTIFICATION  [ S.L.356.07 13
CLASS 3
The formation, laying out, alteration or improvement of roads
by Government Agencies and Local Councils
1. Subject to paragraph 3 of this Class, the following development is permitted
development under this Class, without notification as set out in article 5:
(i) The formation or laying out of roads and pavements as indicated in a
Temporary Provisions Scheme provided that all works for this
purpose are within the Temporary Provisions Scheme boundary; and
(ii) The widening, improvement or maintenance of an existing road within
the highway boundary, unless such widening would result in the
creation of an extra lane or lanes.
2. Subject to paragraph 3 of this Class, the following development is permitted
development under this Class, subject to the notification scheme set out in article 5:
(i) The improvement or alteration of junctions, unless such improvement
or alteration involves the improvement or alteration of a grade
separated junction or a significant alteration in the direction of traffic
flow;
(ii) The embellishment or enhancement of roundabouts unless it involves
the display of a sign or advertisement;
(iii) The alteration or creation of pavements (other than as provided in
paragraphs 1 and 3 of this Class); and
(iv) The installation of traffic lights to control a pedestrian flow and only
one traffic flow, except where they are:
( a ) within 25 metres of any junction; or
( b ) within 100 metres of an arterial or distributor road.
3. Notwithstanding anything contained in the provisions of paragraphs 1 and 2
of this Class, any development described therein shall not be permitted development
if:
(i) it involves the formation, laying out or widening of a road, or the
formation, laying out, widening, replacement or other alteration of a
pavement, or the improvement of a junction within an UCA or ODZ;
or
(ii) it involves the demolition of any building or rubble wall, that is to say
a wall constructed in random rubble ( sejjieg ]) or random uniform
rubble ( laqx ); unless the developer shall have complied with the
procedure of notification specified in article 5 and such wall is
replaced by a wall constructed in similar material and style as soon as
practicable.
CLASS 4
Minor Infrastructure Development
1. The following development is permitted development under this Class
without the requirement for notification as sprrcified in article 6(1), provided that
where the site lies in a designated site or area; including a UCA, or ODZ, or in or
within 30 metres of a scheduled property, or within a distance of 50 metres from the
shoreline, the developer shall have complied with the procedure of notification
specified in article 6(1) and the Authority does not, within thirty days of such
notification, give to the developer a notice in writing that the development requires a
14 [ S.L.356.07 DEVELOPMENT NOTIFICATION 
development permission in accordance with Part IV of the Act:
(i) the erection or construction, and the maintenance, alteration or other
improvement, of lamp standards, public seats, refuse bins or baskets,
bollards, barriers and similar works or structures;
(ii) the installation of posting boxes or self service machines; and
(iii) the erection of telephone boxes or booths, provided that the structure
shall not exceed 1 square metre in area measured externally and a
height of 2.4 metres measured externally:
Provided that any development described in this Class shall not be permitted
development if it would create an obstruction to any road, including a footway.
CLASS 5
Repairs to Services
The following development, including where the site lies in a UCA, is
permitted development under this Class without the requirement for notification as
specified in article 6(1) -
The carrying out of any works for the purpose of inspecting,
maintaining, repairing or renewing any sewer, main, pipe, cable or other
apparatus, including breaking open any land for that purpose, provided
that the land is returned to its original condition once the works have
been completed.
CLASS 6
Development for the Provision of Water Services
The following development, including where the site lies in a UCA, is
permitted development under this Class without the requirement for notification as
specified in article 6(1) -
(i) Development not above ground level required in connection with the
supply of water or for conserving, redistributing or augmenting water
resources, unless -
( a ) it includes the construction of a reservoir; or
( b ) it involves works on or under land ODZ or in or under streets
outside a Temporary Provisions Scheme or not formed at the time
this Order comes into force; or
( c ) it involves erection, construction, engineering or other operations
for, or in connection with, the installation of a main distribution
network, with a main pipe of 30 cms in diameter or more; or
( d ) it involves the supply of water to agricultural land for the
purposes of irrigation.
(ii) The installation in a water system of a booster station, valve house,
meter or switch gear house, unless such development involves any of
the matters contained in sub-paragraphs ( c ) and ( d ) of the foregoing
paragraph of this Class.
CLASS 7
Development for sewage and sewage disposal
1. Subject to paragraph 2 of this Class, the following development including
where the site lies in a UCA, is permitted development under this Class without the
requirement for notification as specified in article 6(1):
DEVELOPMENT NOTIFICATION  [ S.L.356.07 15
(i) Any development, including excavation, not above ground level
which is required in connection with the provision, improvement,
maintenance or repair of a sewer or associated apparatus, and the
maintenance or repair of an outfall pipe;
(ii) The construction, provision or improvement of inspection chambers
above ground level unless such chamber exceeds -
( a ) 1 square metre in floor area measured externally; or
( b ) 1.5 metres (5 courses) in height measured externally above
ground level.
2. Notwithstanding the provisions of paragraph 1 of this Class, any
development therein described shall not be permitted development if it involves:
( a ) works on or under land ODZ or in or under streets which are outside a
Temporary Provisions Scheme; or
( b ) erection, construction, engineering or other operations for, or in
connection with, the installation of a main sewage network or system
with a main pipe 30 cms in diameter or more; or
( c ) erection, construction, engineering or other operations for, or in
connection with, the construction of a new sewage treatment works, or
sewage outfall.
CLASS 8
Development for installation of electrical services
1. The following development except where the site lies in a UCA unless
otherwise specified, is permitted development under this Class without the
requirement for notification as specified in article 6(1):
(i) The laying underground of pipes, cables or any other apparatus,
including excavations for such purpose, unless such works involve -
( a ) erection, construction, engineering or other operations for, or in
connection with, the installation of a main electricity distribution
network or system with a power line capacity of 33 KVs or
greater; or
( b ) works on or under land ODZ or in or under streets outside a
Temporary Provisions Scheme;
(ii) The installation of service lines to individual customers from an
electric line, including in UCAs;
(iii) The installation of feeder or service pillars or transforming or
switching stations or chambers.
2. The following development is permitted development under this Class
provided that the developer shall have complied with the procedure of notification
specified in article 6 (1) and the Authority does not, within 30 days of such
notification, give to the developer a notice in writing that the development requires a
development permission in accordance with Part IV of the Act:
(i) The laying underground of pipes, cables or any other apparatus,
including excavations for such purpose, involving works on or under
land ODZ or in or under streets outside a Temporary Provisions
Scheme, or in Urban Conservation Areas;
(ii) The installation of feeder or service pillars or transforming or
switching stations or chambers in Urban Conservation Areas.
16 [ S.L.356.07 DEVELOPMENT NOTIFICATION 
CLASS 9
Development related to public transport
The following development including where the site lies in a UCA, is
permitted development under this class without the requirement for notification as
specified in article 6(1):
(i) The installation of telephone cables and apparatus, stop signs, other
signs and posts required in connection with the operation of public
service vehicles, unless such development involves the erection or
display of any sign which is greater than one square metre in area or
the sign is illuminated; and
(ii) The erection or construction, and the maintenance, improvement or
other alteration of passenger shelters or barriers for the control of
people waiting to enter public service vehicles, except where the
development involves the erection, constnxction or provision of a new
bus stop:
Provided further that any development described in this paragraph shall not
be permitted development if it involves or consists in development of the type
referred to in article 5 of this Order.
CLASS 10
Development related to telecommunications
1. The installation, alteration or replacement of any telecommunications
apparatus is permitted development under this Class without the requirement for
notification as specified in article 6(1) , unless it involves -
( a ) the erection or alteration of buildings; or
( b ) the installation, alteration or replacement of a mast with a height
exceeding 10 metres; or
( c ) the installation, alteration or replacement of a microwave antenna,
satellite television apparatus or similar apparatus.
2. The provision of a satellite dish antenna, whether within scheme or ODZ or
in UCA or in scheduled property is permitted development under this Class without
the requirement for notification as specified in article 6(1), in the following
locations:
( a ) on the roof of a building that has an existing parapet wall, or on the roof
of a washroom or stairwell or other roof structure, or on a penthouse
roof, or
( b ) at ground floor level within the backyard of a residential building, or at
ground floor level within the curtilage of a non-residential building, 
unless:
( a ) the building is located ODZ and is:
(i) intended for agricultural use or is an agricultural room or
store or such similar structure, even if not for agricultural
use, or
(ii) a beach room, kiosk, ireworks factory or similar structure, or
(iii) for the use of parking of vehicles or machinery or a similar
structure; or
( b ) the building itself is the scheduled property:
DEVELOPMENT NOTIFICATION  [ S.L.356.07 17
Provided that a satellite dish antenna shall not exceed:
( a ) a diameter of 1.2 meters and a height of 1.5 meters above roof
level, when placed on the roof; or
( b ) a diameter of 1.2 meters and a height of 1.5 meters from the
washroom, stairwell or penthouse roof, when placed on a
washroom, stairwell or penthouse roof; or
( c ) a diameter of 2.2 meters and a height of 2.5 meters from the
ground level, when placed at ground level within the
backyard of a residential building or when placed at ground
floor level within the curtilage of a non-residential building;
and
Provided further that:
( a ) in all cases the satellite dish antenna shall be set back at least
3 meters from the facade, except where the satellite dish
antenna is located behind an existing roof parapet wall and its
total height is less than the height of the existing parapet
wall;
( b ) where located on a washroom, stairwell or penthouse roof,
the satellite dish antenna shall be screened by a  franka  stone
wall of not more than 1.4 meters (5 courses);
( c ) where the site lies ODZ or the rear of the building is located
on a ridge, the satellite dish antenna shall also be set back at
least 3 meters from the rear facade, except where the satellite
dish antenna is located behind an existing parapet wall and its
total height is less than the height of the existing parapet
wall; and
( d ) where the site is located within scheduled property, the
developer shall comply with the procedure of notification
specified in article 6(1) and the development shall become
permitted development if the Authority does not, within 30
days of such notification, give to the developer a notice in
writing that the development requires a development
permission in accordance with Part IV of the Act.
For the purposes of this sub-paragraph:
(i) "within the curtilage" means the curtilage of a non-residential
building which is enclosed by a wall in such a way that the
satellite dish is not visible from outside such curtilage; and
(ii) "facade" shall mean the facade or facades of the building
facing a road or roads.
CLASS 11
Development related to agriculture
1. The following development is permitted development under this Class
without a requirement for notification as specified in article 6(1):
(i) The carrying out of engineering operations reasonably necessary for
the purpose of agriculture, including works for the irrigation of land,
unless the works or operations involve:
( a ) the erection of a building, or are related to the erection of a
building or to the intensive raising of animals or crops; or
( b ) the construction of a new reservoir wholly above ground; or
18 [ S.L.356.07 DEVELOPMENT NOTIFICATION 
( c ) the creation of a pond; or
( d ) the deposit of waste material on land whether for the purpose of
the creation or improvement of agricultural land or otherwise.
(ii) The levelling and maintenance of existing farm roads carried out by or
on behalf of the Department of Agriculture.
2. The following development is permitted development under this Class,
provided that the developer shall have complied with the procedure of notification
specified in article 6(1) and the Authority does not, within thirty days of such
notification, give to the developer a notice in writing that the development requires a
development permission in accordance with Part IV of the Act:
(i) The deposit by the Department of Agriculture of waste material on
land for the purpose of the afforestation of the land.
(ii) The construction of pumphouses to serve boreholes registered with
the Water Services Corporation or existing operational reservoirs,
unless the pumphouse -
( a ) is located more than 1 metre from the reservoir or borehole; or
(b) exceeds 1.1 metres (4 courses) in height measured externally; or
(c) exceeds 4 square metres in floor area measured externally.
(iii) The deposit of soil on agricultural land for the purpose of
improvement of the land provided that -
( a ) the land area does not exceed 1,000 square metres;
( b ) the existing soil level is not raised by more than 0.5 metres;
( c ) it does not involve or require an increase in the height of the
boundary walls to more than 1.2 metres above the new soil level
along its whole perimeter provided that where there is a
difference between the level of the land on either side of the wall,
the overall height of the wall shall not exceed 2.4 metres from the
lower soil level and 1.2 metres from the higher soil level, at any
point along its perimeter and the wall is constructed in or faced
with whole rubble stone ( sejjieg ]), but not clad with split or
sectioned rubble stone; and
( d ) the provisions of the Fertile Soil (Preservation) Act are fully
complied with, to the satisfaction of the Department of
Agriculture.
(iv) The erection of reservoirs partly or wholly below ground level, unless
the reservoir -
( a ) exceeds a height of 1.7 metres (6 courses) above ground level at
any point; or
( b ) exceeds 36 square metres in floor area measured externally where
partly below ground level; or
( c ) it is to be located on land which is not within an existing
agricultural holding; or
( d ) where wholly underground, it exceeds 100 square metres floor
area measured externally.
3. For the purpose of the development permitted under this Class -
"existing agricultural holding" means land currently used for cultivation at the
time the reservoir is constructed;
DEVELOPMENT NOTIFICATION  [ S.L.356.07 19
"waste material" includes waste, refuse, rubble and any soil imported onto the
land.
CLASS 12
Temporary Structures
1. The placing on land of a building, moveable structure, works, plant or
machinery required temporarily in connection with and for the duration of
development operations being, or to be, carried out on, in, under or over that land or
on land immediately adjoining that land in connection with or for the purpose of
development permitted by a development permission or by this Order, are permitted
development under this Class without the requirement for notification as specified in
article 6(1), subject to the exceptions and conditions set out in paragraph 2 of this
Class.
2. The operations described in the foregoing paragraph of this Class shall not
be permitted development if:
(i) the operations are mining operations; or
(ii) the land is in or on scheduled property; or
(iii) not later than six months from the date on which anything placed as
indicated in paragraph 1 of this Class or the date on which the
operations in connection with which they were so placed have been
earned out, whichever is the earlier date:
( a ) any building works, plant or machinery placed as aforesaid has
not been removed; and
( b ) any land or adjoining land on which development permitted by
this Class has been carried out has not been restored to the
condition in which it was prior to such development:
Provided that where the operations are to take place within a UCA or would
obstruct a street or pavement, the developer shall have complied with the procedure
of notification specified in article 6(1) and the Authority does not, within thirty days
of such notification, give to the developer a notice in writing that the development
requires a development permission in accordance with Part IV of the Act.
CLASS 13
Temporary Uses
1. Subject to paragraph 2 of this Class the use of land for any purpose for not
more than twenty-eight days in any calendar year is permitted development under
this Class without the requirement for notification as specified in article 6(1) .
2. Notwithstanding the provisions of paragraph 1 of this Class the use of land
is not permitted development if:
(i) the use of land is for a caravan site; or
(ii) the use of land is for camping; or
(iii) the land is in or on scheduled property; or
(iv) the use of land is for off road vehicle, motor car and motorcycle
racing or rallying, including practising for these events and activities;
and, if the use of the land is for the holding of a market or sale, such use is permitted
development only if it is for only seven days in any calendar year
3. For the purpose of this Class "calendar year" means a period of twelve
months beginning with the day on which the use is first begun.
20 [ S.L.356.07 DEVELOPMENT NOTIFICATION 
CLASS 14
Development in relation with Aviation
1. Subject to paragraph 2 of this Class, the following is permitted development
under this Class without the requirement for notification as specified in article 6(1):
(i) the carrying out on operational land by an airport operator, or its
agent, of development (including the erection or alteration of an
operational building) in connection with the provision of services and
facilities at an airport, unless such development consists in:
( a ) the construction or extension of a runway; or
( b ) the construction of a passenger terminal; or
( c ) the alteration or extension of a passenger terminal where the floor
space of the building as existing would be exceeded by more than
10 per cent; or
( d ) a building which is not an operational building;
(ii) the carrying out on operational land, within the perimeter of an
airport, by an airport operator, or its agent, of development in
connection with any one or more of the following:
( a ) the provision of air traffic control services;
( b ) the navigation of aircraft using the airport;
( c ) the monitoring of the movement of aircraft using the airport;
(iii) the carrying out on operational land, outside but within 1 kilometre of
the perimeter of an airport, by an airport operator, or its agent, of
development in connection with any of the matters set out in sub-
paragraph (ii) above, unless such development consists in or includes:
( a ) the erection of any building for a use or purpose other than the
housing of equipment used in connection with any of the matters
set out as aforesaid; or
( b ) any building exceeding 4 metres in height measured externally; or
( c ) the installation or erection of any radar or radio mast, antenna or
other apparatus exceeding 15 metres in height, or the replacement
of any such mast, antenna or apparatus, if the replacement
exceeds that height;
(iv) the use of buildings within the perimeter of an airport for purposes
connected with air transport services or other flying activities at that
airport.
2. Any development described in paragraph 1 of this Class, other than that
described in paragraph 1(ii), shall not be permitted development unless the airport
operator has provided the Authority with full details of the proposed development at
least thirty days before any development is commenced unless such development:
( a ) is in the opinion of the Director of Civil Aviation urgently required for
the efficient running of the airport; and
( b ) consists of the carrying out of works or the erection or construction of a
structure or of an ancillary building, or the placing on land of
equipment, and the works, structure, building or equipment do not
exceed 4 metres in height measured externally or 100 square metres in
floor area measured externally.
3. Any development which requires the airport operator to provide details of
DEVELOPMENT NOTIFICATION  [ S.L.356.07 21
the proposed development to the Planning Authority shall not be permitted
development if the Authority within thirty days of the receipt of such information
gives notice in writing to the airport operator that the development requires the
submission of an application for development permission in accordance with Part IV
of the Act.
4. For the purposes of this Class -
"aircraft" includes any type of aeroplane or aircraft;
"operational land" or "operational building" mean land or a building used or
required in connection with the movement or maintenance of aircraft, or with the
embarking, disembarking, loading, discharge or transport of passengers, goods or
livestock at an airport, and is land or a building owned by or under the control of the
relevant airport operator
CLASS 15
Lighting of buildings and structures
1. The external lighting of buildings and structures is permitted development,
provided that where the site lies in a UCA, ODZ or in or adjoining a scheduled
property, the developer shall have complied with the procedure of notification
specified in article 6(1) and the Authority does not, within thirty days of such
notification, give to the developer a notice in writing that the development requires a
development permission in accordance with Part IV of the Act, and unless:
( a ) it involves the lighting of any sign or advertisement; or
( b ) the primary purpose of the lighting is that of advertisement,
announcement or direction; or
( c ) it involves the lighting of an area larger than a building or structure.
CLASS 16
Mineral and Geological Exploration and Surveying
1. The following development is permitted under this Class without the
requirement for notification specified in Article 6(1):
Development on any land for a period not exceeding thirty days and
consisting of:
(i) the drilling of boreholes; or
(ii) the carrying out of seismic surveys,
unless it is an operation to be carried out within 50 metres of any part of a residential
building or other non-commercial building.
CLASS 17
Works to Non-Residential Buildings
1. The following development is permitted under this Class without the
requirement for notification specified in article 6(1):
(i) all internal alterations, except those involving or affecting shafts and
internal yards;
(ii) maintenance;
(iii) the eþction of lift wells or stairwells on the roof of a building,
provided that -
( a ) the lift well or stairwell is set back at least 4.25 metres from the
22 [ S.L.356.07 DEVELOPMENT NOTIFICATION 
facade of the building;
( b ) the external height of the lift well or stairwell does not exceed 1.4
metres (5 courses) above any roof structure and not more than 3.4
metres (12 courses) above roof level;
(iv) the replacement or installation of plant and machinery for the purpose
of an industrial process within industrial buildings or on land within
the cartilage of industrial buildings:
Provided that, the new plant or machinery does not result in a
change in the processes, operations or activities authorised for that
site:
Provided further that, where the replacement or installation of
plant or machinery is not within an industrial building -
( a ) any plant or machinery would not exceed a height of 15 metres
above ground level or the height of anything replaced whichever
is the greater;
( b ) any part would be within 5 metres of any boundary of the
curtilage of the premises:
Provided that the replacement of or installation of plant and
machinery within or outside an industrial building shall not be
permitted development if the building or industrial land is located
outside land zoned for industrial development in the Temporary
Provisions Schemes or in a Local Plan; and
(v) the construction or installation of water cisterns or reservoirs,
provided that it does not exceed -
( a ) a height of 1.7 metres (6 courses) measured externally above ground
level; or
( b ) 100 square metres floor area measured externally.
2. The following development is permitted under this Class provided that the
developer shall have complied with the procedure of notification specified in article
6(1) and the Authority does not, within thirty days of such notification, give to the
developer a notice in writing that the development requires a development
permission in accordance with Part IV of the Act:
(i) the creation of one level of basement, limited to the footprint of the
building, provided that the development -
( a ) does not involve the creation of a new access to a road or a
separate entrance to the basement; and
( b ) is to be used for a purpose ancillary to the existing use of the
building;
(ii) the erection of an extension,
Provided that -
( a ) the floor area of the extension as measured externally does not
exceed a total of 36 square metres, where the building is an
industrial building, and 16 square metres measured externally
where the building is any other non-residential building;
( b ) where the extension is located on the roof of a building, the
extension shall be set back at least 3 metres from the facade and
shall not be higher than 2.8 metres above roof level measured
externally; and
DEVELOPMENT NOTIFICATION  [ S.L.356.07 23
( c ) only one extension not exceeding the total floor area permitted in
( a ) shall be allowed:
Provided further that an extension to an industrial building shall
not be permitted development if that building is located outside land
zoned for industrial development in the Temporary Provisions
Schemes or in a Local Plan.
3. Provided that, unless otherwise specified, any development described in this
Class shall not be permitted development if:
( a ) it involves or includes any development in an UCA, or in a scheduled
property, or within 30 metres of scheduled property, or ODZ; or
( b ) it results in the creation of additional, separate units or in a change of
use; or
( c ) it requires an ircrease in parking provision.
4. For the purposes of this Class,
"non-residential building" means a building used for a purpose falling into Classes
2, 3, 4, 5, 6, 7, 8, 9, 11 and 12 of the Development Planning (Use Classes) Order, and
includes also a hotel.
CLASS 18
Development related to Storm Water
The provision, construction and renewing of any storm water culvert under
an existing road or within the highway boundary of any road indicated in a
Temporary Provisions Scheme is permitted development under this Class, provided
that where the site lies in a UCA or within 30 metres of a scheduled property the
developer shall have complied with the procedure of notification specified in article
6(1) and the Authority does not, within thirty days of such notification, give to the
developer a notice in writing that the development requires a development
permission in accordance with Part IV of the Act; and provided further that the road
or land is returned to its original condition and all operations are carried out within
the highway boundary.
CLASS 19
The Placing of Tables and Chairs
1. The placing of tables and chairs, together with umbrellas, on public open
space to serve an establishment falling into Class 6, Food and Drink, of the
Development Planning (Use Classes) Order, (or as may be subsequently amended) is
permitted under this Class provided that the developer shall have complied with the
procedure of notification specified in article 6(1) and the Authority does not, within
thirty days of such notification, give to the developer a notice in writing that the
development requires a development permission in accordance with Part IV of the
Act; and provided further that:
(i) where situated in a pedestrian area, a passage for pedestrians of at
least 1.5m in width is left clear and unobstructed between any group
of tables and chairs belonging to one establishment and
( a ) any other such group belonging to any other establishment;
( b ) any physical obstruction or building;
(ii) where situated on a pavement, a passage for pedestrians of at least
1.5m in width is left clear and unobstructed between any group of
tables and chairs belonging to different establishments; and between
24 [ S.L.356.07 DEVELOPMENT NOTIFICATION 
the tables and chairs and the facade of any building or physical
obstruction, or between the tables and chairs and the edge of the
pavement;
(iii) the tables and chairs would not impair visibility at a road junction or
otherwise pose a threat to the safety of pedestrians or vehicular
traffic;
(iv) the tables and chairs are not placed on a highway used by vehicular
traffic;
(v) the tables and chairs are not separated from the premises which they
serve by a highway used by vehicular traffic, unless all three of the
following conditions are satisfied:
(i) the volume of traffic is less than 60 vehicles per hour in both
directions;
(ii) the speed of traffic is restricted to a maximum of 20 kilometres
per hour and proper traffic calming measures are implemented to
ensure that this speed is not exceeded (both the speed limitation
and the traffic calming measures are to be approved beforehand
by the Malta Transport Authority); and
(iii) along the length of the road, there should be no car parking or
other obstruction higher than 1.10 metres along the crossing area
and up to 4 metres from each end;
(vi) the tables and chairs do not obstruct access to any adjoining property;
(vii) any physical means of enclosing a group of tables and chairs shall be
appropriately designed and maintained, and shall comply with the
above subparagraphs; and
(viii) any umbrellas shall be sited within the group of tables and chairs and
comply with the above subparagraphs.
2. For the purposes of this Class,
"pedestrian area" means a pedestrianised, piazza or other area to which vehicles
do not access, but does not include a pavement;
"public open space" means a pavement, piazza, pedestrianised area or other area
used predominantly by pedestrians.
CLASS 20
Tented structures
1. The erection of tented structures on land for not more than six months in any
one calendar year is permitted under this Class provided that the developer shall
have complied with the procedure of notification specified in Article 6(1) and the
Authority does not, within thirty days of such notification, give to the developer a
notice in writing that the development requires a development permission in
accordance with Part IV of the Act; and provided further that -
(i) the use of the land covered by the tented structure is ancillary to the
existing use of the land or building where it is to be placed;
(ii) the tented structure would not impair visibility at a road junction or
otherwise pose a threat to the safety of pedestrians or vehicular
traffic;
(iii) the tented structure is not placed on a highway used by vehicular
traffc; and
DEVELOPMENT NOTIFICATION  [ S.L.356.07 25
(iv) the tented structure does not obstruct access to any adjoining property.
2. For the purpose of this Class,
"calendar year" means a period of twelve months beginning with the day on which
the use is first begun;
"tented structure" means a structure made of fabric with open sides.
