Tribunal orders Planning Commission to issue design conditions for open storage

The Commission made also reference to Structure Plan policy SET 12 in that applicant failed to bring sufficient justification in support of his proposal. The Commission concluded that the proposed open storage is located within an area of agricultural value where “only building structures and uses essential to the need of arable agriculture are permitted”.  

In reaction, applicant appealed the Commission’s decision, insisting that his application consisted of an “outline type” which essentially means that if his request were accepted in principle, the Commission could impose those design parameters which it deemed fit. In addition, appellant remarked that the case officer had sent him an email stating that the Directorate found no objection to the proposal.

For his part, the MEPA case officer rebutted by stating that the conversion of existing agricultural land into small industrial garages “does not equate with the conversion of a disused quarry into an open storage area”.

The case officer further underlined that the Directorate had previously found no objection to applicant’s proposal since it was being assumed that the  open storage was about to take place within a disused quarry, while it later transpired that the site was in fact an open field. To this end, the case officer maintained that open storage development may be permitted only on sites which do not consist of good quality agricultural land.

In its assessment, the Environment and Planning Tribunal made reference to the Open Storage policy document which expressly provides that open storage facilities may be favourably considered in disused quarries not identified for other purposes in approved development plans as well as land outside development zones contiguous to land zoned for industrial use.

In this case, the entire site covers an area of circa 16 tumoli of land, of which 7,600 square metres relate to a disused quarry. The Tribunal maintained that the proposal could be considered favourably on condition that the proposed interventions are limited to the quarry precincts. 

Against this background, the Tribunal ordered the Planning Commission to issue the permit subject to design conditions which it deemed fit in the given site circumstances. 

Open Storage policy document: open storage facilities may be favourably considered in disused quarries

Robert Musumeci is a warranted architect and civil engineer. He also holds a Masters Degree in Conservation and a degree in law

Robert Musumeci is an architect. He also holds a Masters degree in Conservation and a degree in law.

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