Gaffarena gets permit for ODZ warehouses after tribunal overturns PA refusal

The Planning Authority’s review tribunal has overturned a refusal of an application by entrepreneur Marco Gaffarena to build warehouses over 2,800 sqm of land outside development zones in Kirkop.

The land was designated as agricultural land in the local plan but Gaffarena argued that the site was surrounded by similar developments owned by third parties which were previously awarded permits by the Planning Authority.

The tribunal justified overturning the decision arguing that the site consists of a former quarry surrounded by existing roads.  It also pointed out that although the quarry is exhausted and partly reclaimed, its agricultural use is limited by its small size.  It also argued that the permit should be assessed in the same way as two other permits issued in its vicinity.

But the tribunal has also specified that the warehouse development should not rise above the  level of the street.

Gaffarena had originally proposed 33 warehouses built on two floors above the street level.  

The roof of the warehouses has to be landscaped and used for parking. While upholding the principle of the development, the tribunal left up to the PA to decide on the new design and plans which have to be submitted by Gaffarena.

Transport Malta had vetoed the proposal by Mark Gaffarena back in 2014, because according to government policy, the area is to be retained for aviation-related development.

“This area should be safeguarded against incompatible proposals,” Transport Malta’s official David Sutton wrote in an objection presented to the Malta Environment and Planning Authority.

In August 2004, MEPA had refused an application presented by Gaffarena to build 13 warehouses in the same area, deeming that it would be in breach of the Structure Plan, which does not permit urban development outside existing and committed built-up areas.