S.L. 552.13 Art. 2Interpretation.

In these regulations, unless the context otherwise requires:

"the Act" means the Development Planning Act;

"application" shall have the meaning assigned to it in these regulations: Provided that for the purposes of a Stop or Enforcement Notice issued under the provisions of the Act, either the submission of an application or a validated request for screening shall be construed as an application;

"the Authority" has the same meaning as is assigned to it in article 2 of the Act;

"drawing" means site plans, floor plans, elevations, sections, block plans and any other method of illustrating a proposed development; "electronic system" means the eApplications infrastructure, or any other system in use from time to time by the Authority which system provides a secure interface enabling electronic communications throughout the application process;

"electronic means" means electronic communication to the electronic address provided by the applicant and registered interested third parties; "the Executive Chairperson" has the same meaning as is assigned to it in article 37 of the Act; "external consultee" means a person, including any government agency, authority or department mentioned in Schedule 3 which is consulted by the Executive Chairperson during the processing of a development application;

"internal consultee" includes any body or entity established in the Act;

"legally established greenhouses" means existing greenhouses either covered by a development permit or visible on the 1978 aerial photographs and which are both cases still in operation; "material change" means any of the following:

(a) a change in site configuration which increases the site area by more than five percent and which change in the site area does not result in a change in the categorization of the proposal in terms of the schedules of these regulations;

(b) an addition in the number of floors;

(c) an increase in height of the building which would exceed the maximum height limitation in metres;

(d) an increase in volume, area or units by more than ten percent that does not result in a change in the categorization of the proposal in terms of the schedules of these regulations;

(e) a change in the proposed use which does not fall within article 3(1) of the Development Planning (Use Classes) Order, 2014;

(f) a change in the official alignment of the building;

(g) a change in the positioning of development/s within the site but which would fall within an area subject to additional constraints; or

(h) a change in the positioning of the development/s vehicular access which will result in such vehicular access being located in a different road;

"Minister" means the Minister or Parliamentary Secretary under whose portfolio the Authority is included;

"other consultees" means any department, agency, authority or other body corporate wholly owned by the Government but not being an external consultee, or an internal consultee, which may be consulted by the Executive Chairperson during the processing of a development application;

"outline development permission" means a permission which gives approval in principle to the proposed development, but specifies reserved matters which need to be included in a full development permit application or applications. A period of time shall be stated within which the full development permit application or applications shall be submitted, failure of which would render the outline development permit null. Such period shall in no case exceed five years;

"recommendation" means the reply lodged by an external consultee or any other consultee, which may either indicate a no objection to an application, or an approval of the application subject to conditions indicated by the external consultee or any other consultee or that the application is objectionable for reasons indicated by the external consultee or by any other consultee; "renewal application" means a development application submitted in respect of the same site for which permission has already been granted and is still valid and which requests to extend the validity period of the said permission by such further period as stipulated in the same application, without any changes whatsoever to the approved plans, documents and conditions in the permission; "report" means the report prepared by the Executive Chairperson in relation to an application for a development; "perit" or "partnership of warrant holders" has the same meaning as is assigned to it in the Periti Act;

"Planning Board" has the same meaning as is assigned to it in article 63 of the Act;

"screening" means the process during which the proposed development is preliminarily assessed by the Executive Chairperson at the request of an applicant; "Tribunal" means the Environment and Planning Review Tribunal as defined in the Environment and Planning Review Tribunal Act;

"valid application" has the same meaning assigned to it in regulation 4.

Development Planning Applications