S.L. 552.15 ст. 3Change of use and the undertaking of additional activities specified in Class 1(c) and 1(d)notrequiring development permission. Cap. 10.

(1) Subject to the provisions of this Order, and subject to subarticle (2), where a building, including land occupied with the building and used for the same purposes, or land is used for a purpose in any class specified in the Schedule of this Order, the use a of that building or land for any other purpose in the same class shall not be development, and a development permission is not required, except as provided in this Order.

(2) In the case when there is a change of use from either:

(i) Class 3B to Class 3A or Class 4B to Class 4A or Class 4C to Class 4A or Class 4C to Class 4B or Class 4D to Class 4A or Class 4D to Class 4B or Class 4D to Class 4C or Class 5B to Class 5A or Class 5C to Class 5A or Class 5C to Class 5B, or

(ii) when activities identified under Class 1(c) or Class 1(d) are undertaken in addition to those activities identified under Class 1(a) and/or Class 1(b), this shall be considered as permitted development, subject to a development notification prior to the change of use as specified in the following subarticles.

(3) Any change of use, as specified in subarticle (2)(i), or the engagement of the activities identified under class 1(c) or class 1(d) in addition to those activities identified under Class 1(a) and/or Class 1(b) shall be notified to the Authority prior to the change of use or the engagement of the relative activity, as the case may be. This shall be done by means of the apposite form provided by the Authority which shall include a declaration of the applicant’s title to the property. This form shall be accompanied by: three copies of all the necessary plans and elevations; two good-quality colour photographs properly representative of the site; and other relevant documentation as provided in this Order or as the Authority may deem necessary, so that the details submitted to the Authority shall clearly and correctly identify:

(i) the perit in charge according to article 97(1)(o)(ii) of the Code of Police Laws;

(ii) the applicant;

(iii) the precise location and full extent of the applicant’s property, and the applicant’s title over the property. Where considered necessary by the Authority, these shall be confirmed by a copy of the deed showing the respective title;

(iv) the full nature and full extent of the development;

(v) the specified Class from which the change of use is being proposed and the specified Class to which the change of use is being proposed, or the specified activity proposed to be undertaken in addition to the activity identified under Class 1(a) and/or Class 1(b), as the case may be;

(vi) all previous licences, permits, applications and notifications affecting the applicant’s property, where applicable;

(vii) where relevant or required, the prior clearances from Malta Enterprise, Malta Tourism Authority, National Commission for the Disabled and the Environmental Health Directorate; and

(viii) access to the site, indicated on a location map, if the site does not abut on a public street.

(4) Where the change of use is from Class 4C or Class 4D to Class 4B being a fishmonger, butcher, greengrocer or mini-market, an engineer’s report is also required to assess any impacts from noise, smell and vibration. An engineer’s report shall, unless the Authority deems otherwise, also be required in the case of a change of use from Class 4D to Class 4C.

(5) The Authority shall respond in writing to the notification and shall return one copy of all the plans submitted, endorsed to clearly indicate:

(a) whether or not the change of use as specified in subarticle (2)(i) or the engagement of an additional activity as specified in subarticle (2)(ii) is permitted; and

(b) which development is permitted. In the event of any discrepancy between any approved drawings and relevant provisions of this Order as communicated in the Authority’s response, the latter shall prevail.

(6) Where a notification is required under subarticle (2), and without prejudice to any applicable provisions of this Order, the change of use as specified in subarticle (2)(i) or the engagement of the additional activity as specified in subarticle (2)(ii) shall only be treated as permitted if the applicant has complied with the notification procedure established in subarticles (2), (3) and (4) and the Authority either:

(a) confirms that the change of use or the engagement of the additional activity is permitted; or

(b) does not within thirty days after the Authority has validated the notification, give to the applicant a notice in writing that the change of use or the engagement of the additional activity requires a development permission.

(7) If the change of use or engagement of the additional activity is not permitted, the Authority shall give detailed reasons for such a decision.

(8) Where the change of use or the engagement of the additional activity has been carried out without the notification required in accordance with subarticle (2), and the change of use or the engagement of the additional activity complies fully with the relevant exceptions, limitations and conditions of this Order, the notification of that change of use or of the engagement of the additional activity shall be treated as though it were a prior notification in accordance with subarticle (2).

(9) Where:

(a) the change of use or the engagement of the additional activity has been carried out without the notification required in accordance with subarticle (2); or

(b) a notification has been made and the Authority has not responded to the notification and that change of use or the engagement of the additional activity either runs counter to policies or plans or legislation approved according to the Act or is not correctly, completely and unequivocally reflected in the notification; the Authority shall still have the right to stop the change of use or the activity and, or to take enforcement action or other action in accordance with the Act.

(10) The reply of the Authority confirming that the change of use or the engagement of the additional activity is permitted shall have a validity period of one calendar year commencing on the date on which the reply is notified to the applicant, or, in the absence of such a notice, on the date of the expiry of the aforesaid thirty days. The change of use or the engagement of the additional activity has to be carried out within the one year validity period.

(11) Where change of use or engagement of the additional activity is carried out after the validity period stipulated in subarticle (10) has expired, or after the Development Order under which is it permitted has been repealed, the Authority shall still have the right to stop works and, or to take enforcement or other action, in accordance with the Act.