MEPA’s new policy paves way for demolition and redevelopment of countryside ruins

Countryside ruins can be demolished and rebuilt according to the new policy regulating rural developments outside development zones.

The demolition and complete redevelopment of ‘ruins’ was specifically excluded in the draft policy regulating rural and ODZ developments issued in October 2013.

But this important clause was excluded in the final policy presented by the government last week. 

The policy defined a ruin “as a dilapidated structure which has lost all or the majority of its supporting walls and roofs”.

The original document made it clear that permission may be granted for the total redevelopment of an existing building, or the consolidation of buildings, located outside development zones, provided that “the building/s is not considered as a ruin.”

The new policy states that these buildings must be put to an agricultural and not to a residential use. These agricultural uses include stores, retail shops, agritourism, boutique wineries, beehives and retail stores.

But new dwellings are allowed instead of disused livestock farms which can make way for 200 square metre dwellings and to cater the needs of arable farmers. 

The policy enables registered farmers to knock down buildings built before 1978 to build a dwelling for their needs.  

In all these cases the new building cannot be larger than the existing one.

Moreover while the original document issued in 2013 specified that the applicant must prove that the building/s is covered by development permission, or that it is a pre-1967 building; the new policy applies to both buildings covered by a permit and to all buildings constructed before 1978.

Similarly another policy states that any pre-1978 buildings – even those without a planning permit – may be rehabilitated and converted into dwellings. The policy states that “substantial re-building” must be avoided in the rehabilitation of these buildings.

Dwellings can only be developed on sites serviced by existing roads.

This effectively means that any ODZ development built before 1978 has been regularised and can be rebuilt or converted.

In fact the new policy defines as a legally established any development found in the 1978 aerial photos.

The official excuse for the 1978 cut off date is the availability of aerial photos dating from then.

But the clause would effectively give new value to buildings illegally constructed in the 1970s.

During a press conference last week MEPA deputy chairperson Elisabeth Ellul justified the new policies allowing the redevelopment of ODZ buildings saying that this is a way to enable owners to demolish ‘ugly’ buildings and substituting them with a better design.

Presently MEPA cannot permit the redevelopment of ODZ buildings.

According to Ellul this was leading to situations where owners had two options; either demolish the buildings or leave them in a state of ruin and unusable.

In other cases MEPA’s blanket ban on redevelopment led to owners resorting to piecemeal applications aimed at demolishing as much as possible of the old building.

But the new policy may also lead to an intensification of development in the heart of the new policy.

In fact the new policy allows the redevelopment of buildings (including excavations for basements) even in areas enjoying the highest status of protection. Extensions are also allowed in buffer zones to areas of ecological importance.

Elisabeth Ellul has also signed a declaration exempting the policy from a Strategic Environment Assessment, an EU requirement for any plan deemed to have an impact on the environment.

The declaration states that the policy has no significant environmental effects.

While Ellul claims that the new policy safeguards sites and features which have a protection status, the document itself not only allows a myriad of developments in buffer zones to protected areas but also allows development on Natura 2000 sites if studies show that this development will not have a negative environmental impact.