S.L. 552.8 чл. 3Permitted development.

(1) Development permission is hereby granted for the Classes of development described in Schedule I, subject to the

Sanitary Regulations, the relevant provisions of the Development

Control Design Policy, Guidance and Standards, the Rural Policy and Design Guidance and all other relevant approved plans and policies under the Act, exceptions, conditions, restrictions, rules, limitations and exclusions. The notification procedure in article 5(1) and (3) shall be required for the Classes of development described in Schedule I only where so provided in the same Schedule I.

(2) The granting of such a permission shall not imply, whether directly or indirectly, permission for any other development, ancillary to or even indispensable or inevitable for the proper execution of the permitted development, nor does such a permission exempt from any other requirement according to law or consent from third parties, nor exempt from liability or responsibility any person contravening any provision of law, whether applicable during the execution of the permission or subsequent thereto or as consequential, involuntary damage caused.

(3) The permission under sub-article (1) shall not dispense from the requirement of any other permission, licenses or consent as required by law and is without prejudice to any conditions, limitations and exclusions which may be imposed by the public health authorities and other competent entities.

(4) (a) Nothing in this Order shall permit development that is contrary to, or would in any way prejudice -

(i) any condition or limitation imposed by any development permission granted on an application made in accordance with Part VII of the Act, unless such development is permitted through a change in policy and does not prejudice any site specific safeguard for which such conditions or limitations were imposed; or

(ii) any condition or limitation imposed by a clearance or license issued in accordance with the Act; or

(iii) a decision taken on any application or request for such permit, clearance or licence.

(b) Nothing in this Order shall permit development that -

(i) is already proposed in an application made in accordance with Part VII of the Act, which is still being processed, amended, reconsidered or appealed in accordance with the Act; or

(ii) would prejudice the merits of such processing, reconsideration or appeal, or

(iii) would prejudice the merits of a request for any clearance or license required by the Act, or would prejudice the merits of an appeal from a decision thereon.

(5) The permission granted by sub-regulation (1) shall not authorize any development which -

(a) requires or involves the formation, laying out, material widening, expansion, extension or re-engineering of a means of access to an existing road. This exclusion does not apply with regard to development permitted by Class 3 of Schedule I; or

(b) 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

(c) requires an environmental impact assessment, an appropriate assessment, a traffic impact statement, or any other assessment or report required by the Act or any other legislation;

(d) in the case of any works connected with the development, involve or entail the demolition of, or could foreseeably cause direct or indirect damage to -

(i) any wall constructed in random rubble (sejjiegħ) or random uniform rubble (laqx); or

(ii) any dry-stone huts (giren and similar structures) or any other structures protected under the Act; or

(iii) underground infrastructure; or

(iv) caves; or

(v) fossiliferous or infilled fissures (dagħbien); or

(vi) archaeological features; or

(vii) existing historical buildings or monuments, or archaeological features and natural stone paving; or

(viii) cisterns or water galleries;

(e) entails the destruction, uprooting or damage to existing trees, unless such works have been approved by the competent authorities;

(f) involves the hacking, or drastic cleaning of stonework by means of grit-blasting, high-pressure water jets, compressed air, extensive sanding or abrasion, or other similar interventions that would adversely affect any building (or structure) of historic value or cultural heritage value.

(6) Any works permitted by sub-article (1) on scheduled buildings or buildings which the Authority deems to have conservation value shall be carried out strictly in accordance with conservation and restoration methodologies established by the Authority in official guiding documents and under the supervision of a restoration architect.