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PA Proposes To Amend Regulations For ODZ And Rural Settlements… For The Worse

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After the government requested the Planning Authority to propose amendments to development regulations, the PA is proposing changes related to ODZ and rural settlements.

The PA is proposing to amend the regulations so that existing, unsanctionable, non-conformant developments which are sited entirely within a Category 1 Rural Settlement may also be considered for regularisation.

In loose terms, this might mean that a property laying partly within ODZ land could be completely regularised, therefore, defeating the point of having a designated ODZ.

Public consultation is open here, so make sure that you file in a representation – they’re being accepted only until 21st November. Submissions are to be sent by email to: [email protected]

These proposals include developments that fall within a Category 1 Rural Settlement, and pre-2016 properties that have their site perimeter partially beyond the development boundaries but covered with an existing permit.

The Regularisation of Existing Development Regulations was introduced in August 2016 and gives property owners with unsanctionable, non-conformant, development located entirely within the development boundaries, the opportunity to regularise their development.

These regulations enable owners to be in a far better position to sell, or use their property as a guarantee for finance.

Rural settlements were designated in the 2006 local plans. These settlements, outside the development boundaries, were areas, where several old building permits for dwellings had been granted and that were near the main urban areas but separated by an undeveloped gap.

The draft amendments also include properties that fall, partially, beyond the development boundaries. This is very worrying for ODZ.

The regularisation shall only apply to existing buildings whose site is already covered by a permit issued prior to 2016.

Only non-sanctionable variations from the existing permit shall be considered within the permitted site boundary.

Sites where no form of development permission exists, shall not be eligible for regularisation.

The current regulations consider regularising past legally non-conformant developments only if the building, or structure, does not result in any injury to amenities and if the use of the development is in conformity with current planning policies and regulations.

Additionally, the existing irregular development cannot have a footprint that goes beyond what appears in the Authority’s aerial photographs of 2016.

Any extension or addition, beyond this footprint, cannot be regularised. These prerequisites are set to remain untouched.

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Sasha is a content creator, artist and podcast host interested in environmental matters, humans, and art. Some know her as Sasha tas-Sigar. Inspired by nature and the changing world. Follow her on Instagram at @saaxhaa

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