Development Planning Act (Cap. 552)
Development Planning Act (Cap. 552), article 55
55. (1) The Executive Council may on its own motion or
following a request by the Minister prepare or review developme nt
orders regulating development and other activities which may
otherwise require the submission of an application prior to their
carrying out, in such circumstances and under such conditions a s
may be specified in the order, being development and activities
within the scope of, and not in conflict with, the proposals
contained in any plan or policy approved under this Act.
(2) A development order may include works and activities
deemed compatible with the area in which they are being carried
out.
(3) Development orders under this Act shall not be published
unless a draft of the said orders has been issued for public
consultation thereby allowing any person a period of at least two
weeks to make representations to the Executive Council stating
how in his opinion the proposed or revised orders could be
improved to reach their ultimate aim:
Provided that within the said period the Executive Council
shall consult the Chamber of Architects and Civil Engineers and the
Chamber of Planners and shall invite representations to be
submitted to it within the said period:
Provided further that the provisions of this sub-article shall
DEVELOPMENT PLANNING [CAP. 552. 35
not apply in respect of any development orders which the Minist er
declares to be urgent for reasons related to public health and safety, or
national security or when a form of public consultation was alr eady
carried out before the date of coming into force of this Act:
Provided that in all cases, including urgent ones, the Local
Council or Councils affected shall be informed.
(4) Following the consultation period, the Executive Council
shall adopt the development orders with or without amendments
and shall refer the same orders together with representations
received within the consultation period specified in sub-article (3)
together with the relative responses made to such representatio ns to
the Minister for final approval. The Minister may approve the
development orders as adopted by the Executive Council or amend
the development orders and such orders shall then be published in
the Gazette and shall have effect from the date specified or
indicated therein.
(5) Works and activities carried out under development orders
are to be carried out under the supervision of a person holding a
warrant of perit , or under the supervision of such other persons
who are competent for the purpose as the Minister may by
regulations prescribe and, where required in the order as speci fied
in sub-article (6), works and activities are to be notified in writing
to the Planning Board.
(6) A development order may regulate:
(a) development or an activity described as permitted in a
development order which development or activity does
not require that written notification of such
development or activity be given to the Planning
Board;
(b) development or an activity described as permitted in a
development order provided that written notification
of such development or activity is to be given to the
Planning Board;
(c) development or an activity described as permitted in a
development order provided that written notification
of such development or activity is to be given to the
Planning Board and the Planning Board has endorsed
such development or activity as being permitted.
(7) No new development or activity in terms of a development
order may be carried out on a site if on the said site there ex ists an
illegal development of whatever nature, or if an activity has b een
carried out in breach of the provisions of this Act, unless tha t new
development or activity is one which the Executive Council may
prescribe and which is covered by a development order as
mentioned in sub-article (6).
Discontinuance
order or removal
order.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.