DEVELOPMENT PLANNING (PROCEDURE FOR MINOR 
MODIFICATIONS TO SUBSIDIARY PLANS)  [ S.L.356.16 1
SUBSIDIARY LEGISLATION 356.16
DEVELOPMENT PLANNING (PROCEDURE FOR 
MINOR MODIFICATIONS TO SUBSIDIARY 
PLANS) REGULATIONS
1st February, 2002
LEGAL NOTICE 27 of 2002.
Title .
(Procedure for Minor Modifications to Subsidiary Plans)
Regulations.
Definitions.
requires:
Cap. 356.
"the Authority" has the same meaning as is assigned to it in
article 2 of the Act.
(2) In these regulations any expression defined by the Act has
the same meaning as it has in the Act.
Changes to 
alignment or 
zoning in the 
Temporary 
Provisions 
Schemes or 
Subsidiary Plans.
3. Applications for changes to the Temporary Provisions
Schemes or Subsidiary Plans which involve changes to:
(i) the alignment of roads and buildings as provided
in article 28(4)( a ) of the Act; or
(ii) the zoning as provided in article 28(4)( b ) of the
Act,
shall be subject to the provisions set out in the following
regulations.
Requirements for 
all applications.
4. (1) An application for a change to the Temporary
Provisions Schemes or for a change to a subsidiary plan as
aforesaid shall be made to the Authority on a form provided by the
Authority and shall be accompanied by the following and such
other information as the Authority may require:
( a ) three copies of an A4 extract from the 1988 survey sheet
at 1:2500 scale outlining the scheme or Subsidiary
Plan, the site boundaries and the proposed change;
( b ) three colour photographs showing the site and its
surroundings; and
( c ) legal proof of ownership of the land to which the
application relates, including a title deed and the plan
to which such deed refers:
Provided that where the applicant is not the owner of the
land or is not the sole owner, he shall certify to the Authority that
he has notified the owner or other owners of his intention to apply
by registered letter and a copy of such letter shall accompany his
application.
2 [ S.L.356.16
DEVELOPMENT PLANNING (PROCEDURE FOR MINOR 
MODIFICATIONS TO SUBSIDIARY PLANS) 
(2) The Authority shall also require the applicant to provide the
following after the submission of the application:
( a ) one copy of an official survey plan prepared by the
Authority at the expense of the applicant showing the
current alignment and the zoning according to the
Temporary Provisions Schemes or Subsidiary Plans;
( b ) one copy of an official survey plan showing the
proposed changes.
(3) Where the land to which the application relates includes
land not owned or not solely owned by the applicant or if the
proposed change is likely to affect third parties, the application
shall also be accompanied by a list of those third parties and a
written declaration signed by such third parties that they have no
objection to the proposed change:
Provided that where the Planning Authority considers it
expedient it may request the submission of the legal proof of
ownership of land owned by third parties.
S.L.356.05
(4) The said application shall also be accompanied by the fee as
prescribed in the Building Levy Rates Regulations.
Applications for 
changes to the 
alignment of roads 
and buildings in 
the Temporary 
Provisions 
Schemes or 
Subsidiary Plans.
5. (1) When an application involves a change to the
alignment of roads and buildings as provided in article 28(4)( a ) of
the Act, the Authority shall follow the procedure set out in this
regulation.
(2) The Authority shall publish details of the application,
including the name of the applicant, by a notice on site and in one
local paper, giving the opportunity to interested parties to make
representations, in writing to the Authority, within fifteen days of
the date of the publication of the notice:
Provided that the Authority may, when it considers it
expedient to do so, extend the aforesaid period up to thirty days and
in such case it shall give notice of such extension in the said
publication.
(3) The Authority shall serve a copy of the application and the
site plan on the local council in whose locality the site lies.
(4) The Authority shall determine the application not later than
sixteen weeks from the date of its receipt, provided that the period
of time required for the preparation of the plans mentioned in
regulation 4(2) shall not be considered as forming part of this
period.
(5) In determining the application, the Authority shall have
regard to the Temporary Provisions Schemes or Subsidiary Plans,
to representations made in response to the publication of the
application and to any other material consideration.
(6) The Authority shall have the power to grant or refuse an
application, and in granting such application, it may approve the
proposal with or without modifications as it deems fit, but the
Authority shall give reasons for its refusal or for any modifications
imposed by it:
DEVELOPMENT PLANNING (PROCEDURE FOR MINOR 
MODIFICATIONS TO SUBSIDIARY PLANS)  [ S.L.356.16 3
Provided that where the Authority decides to modify the
proposal, any person who has made written objections to the
proposal shall be informed by the Authority and shall be invited to
be present at the Authority’s sitting when such application shall be
discussed.
(7) In the cases mentioned in regulation 4(3), the Authority
shall have power to decide the application notwithstanding that it is
not accompanied by the declaration signed by the third parties in
terms of the said regulation 4, if, in the opinion of the Authority, it
is in the public interest to have these changes made as requested or
by amendments.
(8) The Authority shall communicate its decision to the
applicant, and to any third parties who made representations on the
application in accordance with subregulation (2), not later than two
weeks from the date on which the decision was made.
Changes proposed 
by the Authority to 
the alignment of 
roads and buildings 
in the Temporary 
Provisions 
Schemes or 
Subsidiary Plans.
6. (1) The Authority may, where it considers it expedient to
do so in the interests of proper planning of the area and having
regard to the Temporary Provisions Schemes or Subsidiary Plans,
the Structure Plan and other material considerations, make changes
to the alignment of roads and buildings of the Temporary
Provisions Schemes or Subsidiary Plans.
(2) In the case mentioned in subregulation (1), the Authority
shall follow the procedure set out in regulation 5(2), (3) and (5) to
(8).
Applications for 
changes to the 
zoning in the 
Temprary 
Provisions 
Schemes or 
Subsidiary Plans.
7. When an application involves a change to the zoning as
provided in article 28(4)( b ) of the Act, the Authority shall follow
the procedure set out in article 28(6)( b ) of the Act.
