MEPA CIRCULAR 3/12

1 MEPA BOARD PRESENTATIONS

2 APPLICATION FOR REMOVAL OF STRUCTURAL DANGER

INTRODUCTION

This circular introduces two new procedures, for the presentations to the MEPA
Board, and another for the removal of structural danger.

1 MEPA BOARD PRESENTATIONS

A public hearing in front of MEPA Board has always been an institutional

requirement for a number of national or major proposals or for policy amendments.
Applicants representatives are therefore being allocated more time to present their
proposals in detail. This is an opportunity for applicants to explain their proposals
directly to the Board during the public hearing. In order to ensure that all
stakeholders are actively involved in the preparation, formulation and processing of
the application, applicants are being given more time to present justifications,
findings and evaluations in a well-structured manner. This circular details the
procedure, timelines and contents of such presentation.

As from 02nd July 2012 the main presentation to the MEPA Board will be delivered
by the applicants representatives whilst the role of MEPA Directorate would be a
critique based on applicants submissions. The Board Secretary shall request
applicants to submit a digital copy of the presentation. Applicants will need to
submit this within 9 days from the receipt of the (Development Planning Application
Report) DPAR or the Planning Control Application Report (PCAR). The
presentation should include the following basic information:

Description of site (including site constraints and photos of site);

Description of Proposal (including plans and visuals);
Policy Context (list of all relevant policies) and how the proposal is
deemed to address it (including any justified reasons from departure
therefrom;
Planning and/or environmentally based justifications for the proposals
(including any required studies, etc.);
Comments on DPAR/PCAR.

In the case of a development that was subject to detailed studies e.g. EIA, AA, TIS
and Restoration Reports, the applicants presentation shall include a detailed
reference to these studies which will be presented by the relative consultants. The
same is applicable when consultants are engaged in the drafting of subsidiary
policy or in the presentation of arguments arising from reconsiderations on
 scheduling. It is deemed to be in the applicants interest that the said consultants
present their findings and are also available in the public hearing to answer any
technical issues arising in relation to their reports.

In line with Regulation 8(4) of Legal Notice 514 of 2010 (Development Planning
Process for Applications and their Determination Regulations), the MEPA Board
sitting has to take place within 25 days from the date of communication of the
DPAR to the Perit. This period includes 21 days available to the Perit to make
submissions on the DPAR, leaving the remaining four days for the case officer to
update the DPAR.

It is the intention to adopt similar timeframes for PCARs and requests for
reconsideration from scheduling.

The Case Officer will be responsible for coordinating the presentation on the
process of an application or proposal by the different Directorates. The Board
Secretary will request the case officer to prepare a critique. The case officer will
have 11 days from the date the DPAR/PCAR is referred to the applicant, to
prepare the critique.

The critiques by the relevant Directorate shall include:

Any feedback from representees
Consultations
Conclusions and recommendations emanating from any detailed studies
that will be compiled by the responsible Directorate
Evaluation according to policies
Conditions attached to permit
Additional remarks following closure of DPAR/PCAR.

The Board Secretary may require changes to both presentation and critique by
communicating with both case officer and applicant as required. Late submissions
or no submissions of a presentation by the applicant shall result in a situation
where a proposal could no longer be graphically presented during the public
hearing. Whenever an application is undelegated from the EPC agenda and is
placed on the MEPA Board agenda, applicants presentations would need to be
submitted within 9 days from confirmation of the informal Board presentation.
Likewise, the case officers critique will have to be finalized within 11 days.

2 APPLICATION FOR REMOVAL OF STRUCTURAL DANGER

Reference is made to MEPA Circular 8/02 where the Development (Removal of

Danger) Order 2002 (Legal Notice 258 of 2002) was introduced. Legal Notice 356
of 2010 introduced the requirement of a payment when submitting requests for the
removal of structural danger.

In order to facilitate and expedite this process in relation to the removal of

structural danger, the request must be made by filling in and submitting Form
MEPA 1/12 (APPLICATION FOR REMOVAL OF STRUCTURAL DANGER). If

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any of the requirements listed in Section 8 of the application form is not submitted,
then the application will be returned as invalid.

Please note that this procedure should only be used where there is a danger on
site and immediate action needs to be taken to remove the source of danger. You
are reminded to read the applicability of this procedure, as established in the
Legal Notice, including the exclusions thereto.

The following questions are of assistance in guiding you to determine whether an

application for the removal of structural danger is to be submitted, or otherwise.

Answer YES or NO to all the following statements:

a) The danger exists and is serious enough to warrant immediate remedial works.
b) The works as proposed are fully justified to remove such danger.
c) The works are limited only to the removal of such danger.
d) All appropriate safeguards are taken to minimise any adverse impact of the
proposed works.

If any one of the answers to statements (a) to (d) is NO, then do not proceed to
submit the application.

e) The danger can be removed by immediately carrying out works already provided
for (without notification) in the Development Notification Order (DNO) (Legal Notice
115 of 2007, as amended).
f) The proposed remedial works affect the integrity of a historic, listed or scheduled
building.

If any one of the answers to statements (e) and (f) is YES, then do not proceed to
submit the application.

Please note that any development which is included in the DNO (without any
notification) does not require the submission of a request for the removal of
danger.