2013 in review | The green balancing act

With the Malta Environment and Planning Authority still busy setting new parameters for parcels of land added to the development zone by the previous government in 2006, the newly-elected administration is once again tinkering with policies regulating ODZ (outside development zone) development, and building heights in urban areas. 

While new policies are being devised to lift present restrictions, as is the case with firework factories, no policies are being devised to regulate the gigantic land reclamation projects being proposed on Malta's coastline.

Elected on a vaguely defined, but markedly pro-development platform and boosted by a resounding electoral mandate, the new government seems intent on changing the goalposts for various lobbies, ranging from livestock breeders to fireworks enthusiasts, while promising to curb on illegalities in ODZs as a pacifier for civil society.

Yet it is doubtful whether more enforcement against illegalities will serve any purpose when the new policies will allow development which is presently illegal. The new policies have been issued for consultation before the publication of the new local plans - the plans that guide development around the Maltese islands - which may include further tinkering with height limits and developments zones.

In the absence of any policy regulating development on Malta's coastal areas, the government has also issued an expression of interest in land reclamation projects. 

All these developments have taken precedence over the long due reform of Malta's Structure Plan, a process commenced by the previous government but which has been interrupted as the government seeks to change Malta's planning goal posts before giving an overall direction.

When ODZ is no longer ODZ

A myriad of new developments, ranging from 400-square metre agri-tourism projects, to stables and new dwellings for livestock breeders is set to be permitted on buffer zones for ecologically sensitive areas included, according to a draft policy regulating ODZ development.

Through the new policy developers can incorporate other facilities like boutique wineries, horse-riding establishments and stables, swimming pools, olive oil production, bee-keeping facilities, farm shops and other developments permitted in the policy, all located in the same area.  Potentially this can easily result in oversized, 1,000m2 developments right in the heart of the Maltese countryside.

For the first time since the controversial 2006 extension of building boundaries, the new policy foresees limited residential development in the countryside in the shape of new buildings used for agro-tourism purposes. But while the 2006 extension foresaw massive development on the outskirts of towns and villages, the new policy paves the way for small-scale developments right in the heart of the countryside.

Instead of restricting agri-tourism permits to registered farmers, the new policy seems tailor-made to facilitate investment by non-farmers.

The new policy effectively enables owners who are not farmers themselves to reap profits from land, which they had bought cheaply in the past due to its ODZ status. In short, land which previously could not be developed has suddenly acquired value.

In fact, to benefit from the new policy, the applicant must be either a registered farmer tilling 60 tumuli (67,000 square metres) of contiguous land, or an owner who enters into an agreement with the farmers tilling the land in question. Presently only 138 farmers own parcels greater than 60 tumuli.

Significantly, according to the new policy, agri-tourism development may even take place on sites accorded a Level 3 grade of protection, to serve as buffer zones to sites of scientific and ecological importance.

Moreover, while most other developments like stables and swimming pools are also excluded from Class A or Class B areas of archaeological importance or in areas of high landscape value, no such restrictions apply to agri-tourism facilities. 

And while new stables are not allowed on any protected area irrespective of the level of protection, the new policy allows stables to be developed on land accorded Level 3 protection. The new policy will allow the construction of 200 square-metre wineries even on sites of ecological importance enjoying a Level 2 or Level 3 protection, where this development is presently not allowed.

Livestock farmers will also be allowed to construct a 250 square-metre, single dwelling within the boundary of an operational livestock farm; 100m2 dwellings outside the boundary of a livestock farm as long as this is not more than 100ms away from the farm, and also within buffer zones for sites enjoying Level 1 or Level 2 protection.

Discretionary powers

The second article of the new policy on ODZ development states that "any project of national interest arising from national government policies which departs from the policies formulated in the document shall be assessed on its own merits."

This effectively allows the State to carry out any development, provided it is required in the national interest.

The introductory paragraph of the new policy also gives discretionary powers to the Environment Planning Commission and MEPA Board. This paragraph states that the "the spirit of the document" is to "allow" developments proposed by anyone who "genuinely needs to upgrade or redevelop an existing building or to construct a new one outside the development zone".  

A recent legal notice also exempts the army from seeking development permits for any development it carries out.

Fireworks inside Natura 2000

The new policy on fireworks, controversially authored by Pyrotechnics Association lawyer (and Labour MP) Michael Falzon will pave the way for the construction of firework factories in rural conservation areas, areas of high landscape value and even buffer zones to Natura 2000 sites.

The new policy is set to replace the presumption against the construction of new firework factories included in both the North West Local Plan and the Gozo and Comino local plans. According to both local plans new factories can only be constructed on "disturbed areas whereby any structures would be screened from view".

Hotel heights policy drafted by industry

The new policy drafted by a committee mainly composed of industry representatives is proposing a complete relaxation of building heights for 4 and 5-star hotels located in development schemes and outside urban conservation areas.

The new policy on hotel heights proposes that four and five-star hotels will be free to add more than two storeys than permitted in the Local Plan as long as the design "constitutes a landmark having unique aesthetic characteristics within the urban context".

A policy drafted by MEPA under the previous government and approved by the current administration in May, limited the number of floors to be added to two. The working group appointed by the government to draft new policy regulating hotel heights was composed of two MEPA officials and six representatives of organisations involved in the tourism sector, namely the Malta Hotels and Restaurants Association, the Chamber of Commerce and the Malta Tourism Authority.

The policy approved in May was limited to Mellieha, St Paul's Bay, St Julian's, Sliema, Marsascala, Marsaxlokk and Birzebbugia and Gozo.

But the new policy will apply to all hotels located in development zones. In fact all hotels will now be able to add an extra two floors except those located in ODZ areas, ridge edge sites, scheduled buildings and urban conservation areas.

The "ultimate" aim of the new policy is to "ensure the improvement of competitiveness and profitability of the tourism product."

Going higher

Only Gozo will be spared from a high-rise policy that will apply a 'floor-area ratio' to allow twice the number of storeys allowed by local plans in urban areas, that are surrounded by streets on all sides.

According to the new policy, proposals for medium-rise buildings can be considered in all urban localities in Malta, and only Gozo is excluded from such development. On the other hand, higher than 10-storey blocks are envisioned in Sliema, Gzira, Marsa, Qawra and Pembroke. 

Although the plan refers to the Tigné peninsula, MEPA later clarified that any development in Sliema which is outside the urban conservation area and is surrounded by four streets, can be eligible.

Medium-rise buildings, as defined in a new plan, is development where the height is twice that of the statutory limitation in the local plan, limited to 10 storeys. Towns whose local plans limit heights to three storeys can now have six-storey towers, but those allowed six, seven, or eight-storey heights can only have towers of up to 10 storeys.

No such development is permissible in urban conservation areas, residential priority areas, ridges and ODZ areas. Additionally, permissible sites must be surrounded by streets on all sides. 

Presently, MEPA's floor-area ratio allows developments to breach height limits when it is limited to a footprint of 3,000 square metres. But this requirement has now been removed entirely for any development in Sliema, St Julian's, Msida, Gzira, Pietà, St Paul's Bay, Marsaskala and Marsa.

In all other localities outside this so-called "strategic area", the minimum site area is being raised to 5,000 square metres.

Enforcement

The government's balancing act has been that of clamping down on a number of illegalities, most notably that against illegal structures belonging to construction magnate Charles Polidano. 

On Thursday 28 November, two days before a planned protest by environmentalists, MEPA started a coordinated direct action operation to remove a number of illegally built structures which continued to mushroom at the Montekristo Estate in Hal Farrug, belonging to Polidano.

But soon after the operation started, the civil courts upheld a request for a prohibitory injunction on MEPA, to stop a direct action on the Polidano Bros site. MEPA, with the help of the Armed Forces of Malta was meant to pull down two illegally erected structures, one of which was a four-storey, mock 16^th century tower dubbed 'the De Redin tower'. Subsequently Polidano apologized to the prime minister for any inconvenience caused and withdrew the injunction as discussions with MEPA continued.

But despite the commitment for greater enforcement one of the first decisions of the incoming MEPA board was to introduce an enforcement provision which allows developers a defined time of 36 months "to try and obtain any necessary sanctioning".

MEPA is also committed to strengthen its enforcement staff especially in ODZ areas but no action is expected against the Armier squatters, one of the lobbies which backed Labour before the general elections.

The hunting panic

Prior to the election Labour had signed a vague pre-electoral agreement with the hunting lobby. The agreement hinted at a consultation process to be initiated to revise the legal instruments and laws to remove uncertainties and ambiguities in the local policies.

In government, Labour immediately waived a special licence paid by hunters to hunt in Spring and removed the obligation to wear an armband, thus making enforcement more problematic.

Moreover the government practically removed a hunting curfew that previously allowed hunting between the 15 and 30 Sepember to stop at 3pm, by taking the curfew up to 7pm - practically allowing hunters to catch birds all day long.

The government counter-balanced this liberalization of hunting laws by promising stricter enforcement. But this failed to stop illegalities which included the shooting of a flamingo at Salina Bay in June.

The perceived blackmail exercised by the hunting lobby on politicians also provided an opportunity for civil society to assert itself by calling for an abrogative referendum to abolish Spring Hunting. The campaign set in motion an unprecedented coalition which includes the Green Party, Birdlife and all major environmental organizations.  Although initially many doubted on the ability of this coalition to collect the necessary number of signatures, sceptics have been proved wrong with the coalition being close to their 35,000 signature target at the end of the year.