MEPA ordered to issue permit for a two-metre wide office

A

 2013 planning application entitled “Change of use of part of garage to class 5 premises” in Zejtun was initially turned down by MEPA’s Environmental and Planning Commission after it held that “the proposed office is considered substandard in terms of layout”. 

Indeed, the assessed plans show an office having a restricted width. The Commission further maintained that the proposal runs counter to policy 1.1 (of the Policy and Design Guidance 2007) which specifies that all new development shall have a good quality internal environment.

On his part, the applicant appealed the decision and explained that the proposal entails “taking part” of a disused area forming part of a car park and converting same into a small office intended for “limited usage”. 

Applicant insisted that the small office space is adequately ventilated and serviced with a toilet as per sanitary requirements. In addition, applicant submitted fresh drawings showing a revised layout, yet having a width of two metres.

In reaction, the Authority held that applicant may not submit fresh drawings at this, the appeals stage. Moreover, the case officer pointed out that applicant’s insistence to submit revised drawings at such a late stage demonstrates that the Authority was correct in refusing the application.  

The Authority further observed that the fresh drawings involve the introduction of a door, the shifting of the garage door along with the addition of a 16% increase in the original floor space, to which end, it maintained, that such changes constitute a “material change” in terms of Legal Notice 514 of 2010 and a new development application was therefore required. 

Even so, the Authority reiterated that a space having an overall width of 1.9 metres is not considered adequate for office use, notwithstanding the applicant’s statement that the office shall be used for a limited duration.

In its assessment, the Tribunal made specific reference to Policy 1.1 of the DC 2007 guidelines, which inter alia provides that all new development should create both a good quality internal and external environment and result in efficient use of land. In addition, the Tribunal underlined that the office, though small, was served with sanitary facilities and hence cannot be considered as substandard.

The Tribunal concluded that the proposal would not impact negatively on the surrounding amenity

Equally significant, the Tribunal concluded that the proposal would not impact negatively on the surrounding amenity. Against this background the Tribunal revoked the Commission’s decision and ordered the Authority to issue the permit, subject to fresh drawings showing an improved elevation.

Robert Musumeci 

[email protected]