Planning Circular 1/26

PA Circular 1/26, issued today, sets out three operative clarifications aimed at improving regulatory certainty in development control. First, it interprets the discretionary deviation mechanism in the Development Planning Health and Sanitary Regulations (S.L. 552.22), specifically sub-regulation 4(1), in the context of existing built structures that marginally fail to meet minimum sanitary measurements. For sanctioning applications and Minor Amendment Requests relating to built development, the Planning Authority indicates that a shortfall of up to 2 cm from any required measurement will be treated as a minor variance and will normally be approved; larger departures may still be assessed under regulation 4, potentially subject to compensatory measures to secure an equivalent sanitary standard.

Second, the Circular provides a worked clarification of the UIF/CPPS contribution regime under Planning Circular 2/18 for applications submitted on or after 1 June 2018, confirming that where multiple post-2018 applications concern the same site, parking shortfall contributions are calculated cumulatively (i.e., later shortfalls are charged at the next incremental “space” rate, regardless of whether the applicant is the same). Conversely, any shortfall already paid in relation to the site pre-2018 does not affect the post-2018 cumulative count.

Third, it introduces a mandatory completeness requirement for Full Development, Outline Development, and Removal of Danger applications on land within INDIS Malta Ltd zones: applicants must submit an INDIS clearance letter confirming no objection in principle, failing which the application will be deemed incomplete.