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MEPA Watch | Sunday, 29 November 2009

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Robert Musumeci’s analysis of MEPA decisions

Possible future works by the State
An application to sanction an extension to a garage in Mdina Road, Zebbug was referred to the DCC for a decision earlier this week. The case officer who prepared the report pointed out that the request should not be upheld by the board, claiming that there were plans from the Transport Authority to widen the street. However, the Transport Authority could not state with certainty when these works were to be taken in hand. In practice, the upgrading of Mdina Road could take years to materialise, and after all, government may decide to shift its intentions and channel funds elsewhere.
In fact, the said upgrading works in Mdina Road have not been contemplated in the 2010 budget, which continues to prove that the Transport Authority shall focus its efforts elsewhere. Against this background, the DCC noted that the objection cited by the case officer was not sufficient to reject the application.
In fact, the Board requested applicant that the state whether he was willing to refrain from seeking financial compensation, should one day the Authorities decide to proceed with their intentions regarding the further widening of Mdina Road. The applicant agreed to the request made by the DCC and the application was approved on the condition that he would not be entitled to any compensation should government decide to resume with the works. Once again, this application proves that the DCC hearings serve as a negotiating platform between applicants and MEPA. DCC members should be lauded for their efforts to single out practical solutions, instead of acting as a policy checklist. At the same time, it is important that development applications are not withheld on the simple pretext that works may be undertaken by the State in the unforeseeable future.

Change in proposal during reconsideration process
An application to construct an arcaded wall and a conservatory at the first floor, forming part of an existing dwelling which is located in an Urban Conservation Area was refused by the DCC on 14 April 2008. In reaction, the applicant decided that his case should be reconsidered by the DCC Board, and filed a formal request for reconsideration, citing a number of planning arguments as to why this proposal should be favourably received. The case was referred back to the DCC team earlier this week. The DCC reviewed the case and agreed that the application could be entertained, provided that the arcaded wall is removed from the proposal. The applicant agreed to the directions given by the DCC, and accepted to provide fresh drawings showing the said modifications. Since the agreed changes constitute a change in the original proposed description, the DCC insisted that the description should be amended in adherence with the modifications. Contrary to wide perception, it is confirmed that there is nothing in the Development Planning Act which excludes the possibility to modify a proposal during the reconsideration process.


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