When ODZ is not ODZ: How a new planning policy will change the Maltese countryside

Low-key and restricted development in rural areas, mainly to meet the needs of farmers, was always allowed in outside development zones. 

But a recently approved policy will allow a greater volume and variety of developments, ranging from stables and stores to tourist accommodation set in the heart of the countryside.

The rules laid out in 43 pages replace a voluminous 223-page policy regulating agricultural developments and two other shorter policies regulating swimming pools and farmhouse development.

The new policy is bound to be popular with farmers and landowners who will see the value of agricultural land increase considerably in areas where a myriad of new developments can take place. 

Privately even Nationalist Party exponents recognise that the new policy is a major vote-winner for Labour in rural areas like Gozo.

It could also be popular with owners of dilapidated farmhouses who will find it easier to rebuild or convert these properties into dwellings or to accommodate agricultural developments.

Moreover farmers will have an opportunity to supplement their weak incomes by opening retail shops or teaming up with developers to provide tourist accommodation. 

It may also pave the way for rural theme parks composed of a myriad of developments on large land parcels, combining residential facilities with entertainment facilities like horse riding establishments and zoos.

But the new policy raises great environmental concerns. For while the controversial 2006 extension of building boundaries affected areas immediately adjacent to existing buildings, the latest policy allows buildings in the pristine countryside, including buffer zones to Special Areas of Conservation and archaeological zones.

It remains doubtful whether the Planning Authority will have the capacity to ensure that new countryside dwellings will not be spuriously presented as stores, stables and a variety of developments foreseen in the policy. Moreover the mushrooming of new attractions like retail stores and zoos may increase traffic in the countryside.

Larger stores for farmers

If you are a farmer owning more than four tumoli of land you will be able to build a new store whose size depends on the extent of your holding. 

Policies approved in 2007 already allowed farmers owning between four and 46 tumoli to build stores ranging from 15 to 40 square metres.

It is farmers owning more than 46 tumoli who benefit the most from the new policy, as they will be allowed to build 60 square metre stores.

But that’s not all. Policy makers have found a way of satisfying the demand for storage space by allowing the development of new demountable stores built of timber.

The size of this entirely new development is determined by a formula of five square metres per tumolo capped at 60 square metres. This means that someone owning 12 tumoli of land now can build a 20 square metre store made of stone and a new 60 square metre timber store. Presently such a farmer is only entitled to 20 square metres of storage space. This means that the new policy allows this farmer to develop four times as much storage space as at present.

New homes for farmers

If you are a livestock farmer and you own 40 sows or 40 milch cows you will be able to build an entirely new 200 square metre ODZ dwelling just 100 metres away from the farm. Previously livestock farmers could only build a dwelling within the boundary of their farm or in exceptional cases immediately adjacent to the farm.

If you are an arable farmer you will be able to convert an existing building located in your farm. Even a ruin, which has lost most of its supporting walls, may be redeveloped. Simply put any structure erected before 1978 may be rebuilt as a dwelling for farmers. 

Previously the MEPA did not allow the demolition and redevelopment of countryside structures. But it did allow arable farmers of large holdings of more than 30 tumoli to construct a single new dwelling on their land. The present policy removes this right while encouraging the redevelopment of existing structures.

New buildings to produce olive oil

If you possess a 15 tumoli olive grove you will be able to build a 50 square metre building dedicated to the production of olive oil. Previous policies did not allow any such development and foresaw only the conversion of existing buildings for this purpose. The 2007 policy also encouraged these developments in industrial areas within the development zone or in abandoned agricultural buildings.

Buildings for honey amateurs

If you possess 50 registered bee colonies you will be able to build a 25 square metre new building dedicated to honey production. Previously only owners of 150 registered bee colonies located in two-tumoli holdings were allowed to build new buildings. The 2007 policy stated that beehives can be kept outside and buildings are only necessary in very large holdings – studies showed that a professional beekeeper would have to produce 1,500 kg of honey, the amount produced by 150 bee colonies. In fact these were allowed to build larger buildings occupying a maximum floor space of 50 square metres.

Selling your own produce

If you own 10 tumoli of agricultural land you will be able to build a 15 square metre retail store on your farm on condition that the goods sold are restricted to products grown on your farm. Previously policies banned the development of new retail shops but encouraged their development in existing buildings.

The new policy encourages farmers to sell their own produce, doing away with the need for middlemen, who eat into their earnings. But the MEPA’s already limited resources will be stretched to the limit to ensure that farm retail shops are not transformed into fully fledged retail outlets. The policy does not specify that these shops must be located along existing arterial roads but specifies that no new vehicular access roads can be created to facilitate access to these shops. Neither can access to these outlets must not cause a traffic hazard.  But MEPA will encourage the upgrading of existing footpaths to facilitate access.

New buildings for agritourism

If you are a farmer owning more than 60 tumoli of land or a businessman or commercial company with an agreement with a group of farmers, you may be able to develop up to 10 apartments occupying a total floor space of 400 square metres of land right in the heart of the countryside. Moreover you can also develop a swimming pool area. You can also combine agritourism with the myriad of developments allowed by the new policy, which include stables, zoos, retail stores, wineries and buildings dedicated to honey and olive oil production.

This may result in the creation of veritable rural theme parks where up to 1,000 square metres can be developed. The proposed development also foresees new car parks using grass blocks instead of concrete. Previous policies limited agritourism to existing rural structures and banned any new such developments in the countryside.

125 square metre pool areas for agritourism complexes

While swimming pools for single ODZ dwellings cannot exceed 75 square metres, as was the case before the new policy, multiple accommodations like agritourism facilities will benefit from a larger pool area. In fact a 125 square metre pool area can accompany an agritourism development consisting of 10 rooms.

Zoos for the people

According to the new policy anyone can apply to erect enclosures with adequate fencing for animals intended for research, educational, sport leisure and exhibition purposes. Owners of these mini zoos will even be allowed to create access routes and parking facilities. The policy does not even attempt to set a maximum size for such developments and simply specifies that these should not exceed the maximum size required to ensure the safety and welfare of the animals.

Fewer restrictions on stables

If you own an ODZ dwelling you will be able to construct an unspecified number of stables, of up to 25 square metres each within the boundaries of your property.  Moreover an unspecified amount of similarly sized stables are also allowed in other ODZ areas far away from any existing dwellings. These stables have to be either constructed in timber or in stone clad in timber and must be built at a distance of not less than 100 metres from the development zone boundary to avoid inconvenience to residents.

The only limits on size of new stables imposed by the new policy apply to farms within 200 metes of public ground water sources. Only stables hosting two to six horses can be kept in these areas.

The more restrictive policy enacted in 2007 limited the number of new stables in ODZ areas to four and banned new stables, which were more than 300 metres away from the development zone boundary. 

New stables, which were less than 100 metres away from existing buildings, were also banned. Moreover while the old policy stipulated that applicants must present proof of ownership of horses, no such requirement is found in the new policy, which also permits the demolition of existing ODZ buildings which are considered as being not worthy of protection, to make way for stables or horse riding establishments, something not previously foreseen.

Slaughtering on the farm

If you own a livestock farm for rabbits and poultry you will be able to develop a slaughterhouse within the cartilage of the farm. Slaughterhouses are not allowed at a distance of less than 200 metres from a ground water source. Presently ODZ slaughterhouses for poultry and rabbits can only be developed in exceptional circumstances and only within existing abandoned buildings.

Tighter rules for wineries

If you possess a 20-tumoli vineyard holding in a particular “region” and you employ three full time employees you may be able to build a 200 square metre winery plus a basement area. You will not be able to sell the winery independently of the land.

Previously anyone owning more than two hectares  (18 tumoli) of vineyards – five tumoli of which had to be contiguous – could develop a 220 square metre winery. 

This is one instance where the new policy is slightly more restrictive than the previous one. 

But while the old policy specified that only cultivators of the indigenous vitis vinifera grape variety could apply to build a winery, no similar restriction exists in the new policy. Moreover present policies ban wineries in all scheduled areas including buffer zones. The new policies allow developments in buffer zones and require an environmental assessment on developments in Level 1 and Level 2 protected sites.

From abandoned structures to new dwellings

If you own any ODZ building, which is not worthy of protection, you will be able to demolish it to make way for any agricultural development foreseen in the policy. If you are a farmer you may even build a dwelling instead. But if you are not a farmer you will not be able to knock it down to make way for a dwelling.

Yet in this case you will be able to convert the existing building into a dwelling. The policy forbids “substantial” rebuilding or extensions of these buildings. Even buildings which were constructed illegally before 1978 can be converted to fully legal dwellings. And if you had made illegal extensions to such buildings before 1994 you will have the chance to regularise your position.

You can also surround your new dwelling with a wall. Previously you were only allowed to change the use of an existing building if you prove that it was used as a residence in the past. Neither were you allowed to demolish existing structures but you were allowed to convert and rehabilitate existing buildings previously used as a residence.