Step by Step Baking Caroline Bretherton

Commercial Development:
Policy and Practice
Shortt E
Sh Evening
i L
Lectures
t Programme
P
October 2017
Robert Vella
Unit Manager
Unit Manager
Business Development Unit
Planning Authority
Learning outcomes.
1
1. Recent de
developments
elopments in legislation
legislation,
procedures, and other planning measures,
and how these affect applications
pp for
commercial development;
2
2. Understanding the importance of the Use
Classes Order as the main planning legislative
instrument affecting commercial
development;
3
3. A brief introduction to the Regeneration and
Consolidation Initiative Policy and its use in
the determination of planning applications.
The Businessense Initiative
The Businessense
• A series of business friendly initiatives
• Launched in early 2014
Launched in early 2014
• Setting up of the Business Development Unit
• Designed to provide a defined contact
p
platform for SMEs
• Supported by the introduction of a series of
economic incentives
i i ti
• Pre‐dating major legislative changes
New Legislation relevant to
g
Commercial Development
Act VII of 2016 (CAP. 552)
Development Planning Act, 2016
• Establishes the new Planning Authority
• Gives the Authority the power to make Planning and
Gi th A th it th t k Pl i d
Development Regulations
• Details the Requirement of Permission
y p g
• Gives the Authority the power to grant, refuse, or
even revoke Development Permission
p g ,
Article 70 (2). (Requirement of permission.)
Wh t
What constitutes development?
tit t d l t?
“…the making of any material
g y
change in use of land or building
and sea…”
p g ,
Article 70 (2). (Exceptions).
What does not
Wh td t constitute
tit t
development?
development?
“in the case of buildings or other land that are used
“in the case of buildings or other land that are used
for a purpose of any class specified in an order
made by the Minister, as the case may be, under this
Act, the use thereof for any other purpose of the
same class;”
p g ,
Article 72.
• The Planning Board shall have the power to grant or
refuse a development permission
refuse a development permission.
• In doing so, the PB shall have regard to:
1. Plans; ;
2. Policies;
3 Regulations made under the Act.
3. Regulations made under the Act
Provided that these are approved and published.
p g ,
Article 72.
Th PB h ll l h
The PB shall also have regard to:
dt
“any other material consideration, including
surrounding legal commitments
su ou d g ega co t e ts,,
environmental, aesthetic and sanitary considerations,
which the Planning Board may deem relevant;
which the Planning Board may deem relevant;
p g ,
Article 72.
“Provided that subsidiary plans and policies shall not
be applied retroactively so as to adversely affect
pp y y
vested rights arising from a valid development
permission, or a valid police or trading
permission, or a valid police or trading
license issued prior to 1994;”
Development Planning (Procedures for
Applications and their Determination)
Regulations, 2016. (S.L.
g , ( 552.13; LN 162/16)
; / )
Regulations for submission, assessment and
l f b d
determination of applications.
Three types of applications:
a)) Summary Procedure
y
b) Full Development Permission
c) Outline Development Permission
Outline Development Permission
Development Planning (Procedures for
Applications and their Determination)
Regulations, 2016. (S.L.
g , ( 552.13; LN 162/16)
; / )
Assessment procedure
d
• Full Development Permission
• Consultation with 11 external entities
Consultation with 11 external entities
• 100 days from publication to report
• 100 Euros daily refund
E d il f d
Development Planning (Use
p g(
Classes) Order, 2014. (LN 74/2014.)
Main Act (Article 70) – What does NOT constitute development?
“in the case of buildings or other land that are used for a purpose
of any class specified in an order made by the Minister, as the
of any class specified in an made by the Minister as the
case may be, under this Act, the use thereof for any other
purpose of the same class;
purpose of the same class;”
Use Classes Order Article 3 (1):
Use Classes Order Article 3 (1):
Use of Building or Land within the same class shall not be
deemed as development
deemed as development.
p g(
Main scope of regulations :
p g
Determining the need for Development Permission
• To identify types of development having similar
i
impacts on amenity
t it
• To identify types of development having unique
impacts on amenity
• To group similar types into “categories” and
“classes” of development
p g(
Schedule (Relating to Article 3(1).)
8 Categories of uses.
A – Residential
A Residential
B – Social
C – Tourism and Leisure
C – Tourism and Leisure
D – Commercial
E Industrial
E – Industrial
F – Storage and Boathouses
G Agriculture
G –
H – Aquaculture
p g(
Each Category contains different use classes.
Eg. Category D – Commercial Uses
Use Class 4A ‐ Financial, Professional and other offices
Use Class 4B ‐ Retail
Use Class 4C ‐ Food and Drink Establishments where no cooking is allowed
Use Class 4D ‐ Food and Drink Establishments where cooking is allowed
Change of use from Office (4A) to Restaurant (4D) = Permit required
Change of use from Bar (4C) to Beauty Salon (4B) = Permit NOT required
Change of use from Bar (4C) to Beauty Salon (4B) Permit NOT required
Permit NOT required = Notification to PA; reply within 30 days.
p g(
Article 4
P id
Provides a list of uses not within any class.
li t f t ithi l
Eg. Bakery
ood ta e a ays, c ud g past e a
food take‐aways, including pastizzeria
aqualung fillers
supermarkets
betting shops
sale or display of motor vehicles
p g(
Introduction of new concepts – Commercial uses
within residences being considered as Residential
ithi id b i id d R id ti l
Development.
Article 3 (2) (ii)
tce3( )( )
Class 1(c) –
Class 1(c) Lodging up to 16 persons in own home;
Lodging up to 16 persons in own home
(now considered to be a residential use).
Class 1 (d) ‐
( ) “Casa bottega” – working from home.
p g(
Lodging house
Class 1(c)
• lodging of not more than sixteen persons,
odg g o ot o e t a s tee pe so s,
provided that the operation is licensed by the
Malta Tourism Authority and the premises are
y p
located within an Urban Conservation Area.
p g(
“Casa Bottega”
Class 1(d)
Five conditions:
Five conditions:
i) Uses less than half residential floorspace
Uses less than half residential floorspace (max. 50 sq.m.)
(max 50 sq m )
ii) Activities which are compatible with residential use
iii) Is not client intensive
Is not client intensive
iv) Does not generate excessive traffic
v) No undue detriment to amenity of residential areas
No undue detriment to amenity of residential areas
vi) Not in apartment blocks; no common access
Partial Review of Subsidiary Plans:
y
General Policy relating to
Regeneration and Consolidation Initiatives
How do we assess applications?
pp
Main Act, Section 72:
The Planning Board shall have regard to Plans,
Policies, Regulations and Legal Commitments.
y
Main scope of Partial Review:
a scope o a t a e e :
“to introduce a flexibility clause that allows PA to
b tt
better assess development application proposals
d l t li ti l
which promote sustainable growth in Tourism Areas
as well as regeneration and employment
consolidation initiatives that may be neighbourhood
compatible and in some cases could also positively
contribute to the amenity of the areas in question ”
contribute to the amenity of the areas in question.”
y
Why did we propose this policy?
Why did we propose this policy?
“in certain cases the approved subsidiary policies
may not reflect realities which transpired since the said
policies’ approval.”
“The goal of this policy is not intended to supersede either the
general thrust or the direction given by the specific policies in
general thrust or the direction given by the specific policies in
the Local Plan. It is only intended to give the PA a degree of
flexibility in identified situations where a justified departure
may be deemed sensible or desirable from a planning
point of view.”
Mdina Rd., Qormi
Upper Constitution Str., Mosta
y
Where do we apply this policy?
Where do we apply this policy?
a) Tourism localities
b) Areas specifically identified for Regeneration
c) Properties of considerable conservation value
d) P
Properties having a façade on a square
ti h i f d
e) Legitimate operating premises which intend to expand
f) Facilities which accommodate infrastructure or social and
Facilities which accommodate infrastructure or social and
community facilities
g) Properties in areas which are already occupied by a
considerable level of legitimate commitment
y
Where do we NOT apply this policy?
Where do we NOT apply this policy?
a) Residential Priority Areas
b) Urban Conservation Areas and Scheduled Areas
c) Outside Development Zone
The applicant always has to prove that
the site qualifies.!!
Growing your business:
Planning Policies for Commercial
Development Applications
B i
Business Development Unit
D l t U it
robert.vella@pa.org.mt
robert vella@pa org mt
Unit Tel. No. : 22901030
Customer Care Helpline: 22902019
customercare@pa.org.mt

Step by Step Baking Caroline Bretherton

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Step by Step Baking Caroline Bretherton

Hochgeladen von

Copyright:

Verfügbare Formate

Commercial Development:

Policy and Practice

Das könnte Ihnen auch gefallen