Rural settlements can accommodate new dwellings

The application was for the construction of a first floor residence on an existing agriculture store situated in Triq Bingemma (limits of Mgarr)  and was turned down by the Environment and Planning Commission even though the site in question falls within a rural settlement.

The commission observed that  “the proposed construction of the first floor level runs counter to criterion A (vi) of Policy NWRS3 of the North West Local Plan in that it does not retain and enhance the existing character of the settlement.”

Moreover, the commission saw “no justification for the development of the site as required by Structure Plan Policy SET 12”, adding that “there are no apparent reasons from a planning point of view as to why the proposed development cannot be located in an area designated for development or in an existing built up area’’.

The applicant’s reaction was to appeal to the Environment and Planning Tribunal, insisting inter alia that his design proposal satisfied the criteria applicable for dwelling units in Category 2 Settlements.

Structure Plan ODZ policies not violated since dwellings can be accommodated within rural settlements

The applicant argued that dwelling units (new units on uncommitted land, redevelopment of existing buildings, rehabilitation of existing buildings, and extensions to existing buildings used for residential purposes) may be permitted in Category 2 locations provided that the  floor space of the  new building is  between  120 and 200 square metres and the height limitation along the street frontage is not more than two floors. In this case, the applicant contended that his proposal satisfies all the said design requirements.

On his part, the case officer reiterated that the applicant’s proposal would result in the creation of additional blank walls in the countryside. But even so, the case officer argued that “accepting the current proposal would run counter to the overall strategic framework of the Structure Plan, which aims at concentrating urban developments within committed and built-up areas, and reducing the dispersal of urban development into the countryside.” In his concluding remarks, the case officer made express reference to a similar planning application in the adjacent plot, which was refused permission.

In its assessment, the tribunal confirmed that the site in question is located in a committed built up area, where building heights vary from one to two floors. Furthermore, the tribunal noted that the authority had issued permits for two-storey dwellings in nearby locations in the not so distant past.

Moreover, the tribunal concluded that, contrary to the authority’s allegations, the Structure Plan policies would not in this case be violated since dwellings can be in fact accommodated within rural settlements. Against this background, the Tribunal ordered MEPA to issue the permit on condition that “ the front and back elevations as well as the side party walls are constructed in franka stone and left unpainted and unrendered.”

 Robert Musumeci is an architect who also pursued a degree in law
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