Armed Forces exempted from planning rules

Whenever the home affairs minister feels that a development "is urgently required for national security reasons", the army can bypass planning regulations and proceed with construction work.

This is foreseen in an amendment to the law regulating the issue of development notification (DNO) orders, a simplified planning procedure initially foreseen for small-scale developments like traffic lights and internal alterations in homes.

Through the new amendment, the army will not even need a DNO to carry out development justified by the said "national security reasons".

The only condition imposed is that whenever the development tales place on scheduled property, like historical buildings or Natura 2000 sites, the minister will need the clearance of the superintendent of cultural heritage and the authority responsible for environmental protection.

The development also has to be recommended by a consultative committee on the development of the armed forces, set by the Minister to provide advice on the suitability of any such development. But if such a committee is not constituted, the decision can be taken by the minister.

In all other cases, the army can resort to the simplified Development Notification Order procedure.

Three-year permit for temporary car parks

According to the new law, the simplified DNO procedure can be applied to "the reversible use of land for the parking of vehicles" when such development is located within development zones.

The simplified procedure does not apply to the parking of heavy goods vehicles, trailers or coaches.

According to the latest amendment, the period of time for land use of as a temporary car park must be specified in the notification issued by MEPA, and renewals of the permit can be issued for a maximum of three years.

The new legal notice permits the erection of temporary structures which do exceed 10 square metres.

Moreover, following the expiry of the permit, such land must be fully restored to its pristine condition.

The DNO permit can be issued to different persons and not solely to the original applicant. 

A further amendment also relaxes planning regulations for industrial development, extending the present waiver to Malta Enterprise zones. Presently, the simplified procedure only applies to industrial units within Malta Industrial Parks.

The DNO procedure will only apply to developments which are not higher than 15 metres and which do not replace communal, landscaped areas or car parking spaces.