Extensions to ODZ residence allowed… since part of the building was visible in pre 1967 survey sheets This week, a full development application to alter and carry out extensions to an ODZ building at Ta’ Kandja in the limits of Mqabba was referred to the DCC for reconsideration. According to the proposed submittals, the proposed two storey residence occupies a footprint of 95m². At present, the current one storey building occupies a footprint area of 65m² and can be accessed from a rural alley. The South Malta Local Plan designates the site in question within a Water Catchment Area, an Aquifer Protection Zone and a Birds and Wild Rabbits Protection Zone. The site also lies in the vicinity of the airport runway, and consequently considered to carry notable risks from potential aircraft accidents. The file was in fact referred to the Civil Aviation Department, the latter insisting that in the eventuality that the development will be approved, the height of the said building should not exceed 11 metres.
Notwithstanding the clearance obtained from the Civil Aviation Authorities, the Planning Directorate remained of the opinion that the application should still be dismissed on a different premise, in particular that the proposed development involved the total demolition of an existing building which is located in an area outside the development zone. In his assessment, the case officer referred to Structure Plan Policy RCO 2 and PLP 20 (Development Control Guidance for Development Outside Built up Areas) which militate against the demolition of ODZ buildings which are worthy of retention. The Directorate pointed out that the applicant failed to submit convincing evidence to the effect that the building in question was used as a residence prior to 1967.
In his reaction, the architect representing the applicant submitted copies of water/ electricity receipts indicating that the building was used as a residence prior to 1992. The architect also highlighted that his client was a full time pig breeder for the last thirty years, whose farm was located just opposite the proposed residence. However, this claim was immediately dismissed by the Directorate, who observed that that the pig farm was not operating according to permits.
Against this background, the Directorate kept on insisting that the proposed development should be dismissed.
When the DCC discussed this application last Wednesday, the Board members decided to grant the permit on the premise that the original proposed description was modified (even though at reconsideration stage) to limit the works to alterations and additions without demolition. In its justification, the DCC Board further highlighted that the proposal could be entertained since part of the building in question was visible on the official pre-1967 survey sheets.
This case has given rise to a number of interesting considerations. In particular, it is now evident that a pre 1967 building, which was habitable some time prior to 1992 (that is prior to the enactment of the Structure Plan), could now be considered to be a legal residence. Of equal importance, it is observed that development proposals could always be modified during the reconsideration process.
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The South Malta Local Plan designates the site in question within a Water Catchment Area, an Aquifer Protection Zone and a Birds and Wild Rabbits Protection Zone. The site also lies in the vicinity of the airport runway, and consequently considered to carry notable risks from potential aircraft accidents. The file was in fact referred to the Civil Aviation Department, the latter insisting that in the eventuality that the development will be approved, the height of the said building should not exceed 11 metres.
