Expired permit from 1979 lives on thanks to Planning Authority’s magic wand

It is a textbook case of how goalposts are moved in Malta’s planning process: the owners of a newly-approved 155sq.m dwelling in the Dingli hamlet of Ta’ Sabbat, now want a permit for a basement and first-floor level, and swimming pool.

It is the owners’ fifth application in a 40-year-old saga that started with the approval of a farmhouse in 1979, of which only its foundations had been developed.

That permit was renewed in 1988, but a new application with different plans was refused by the then-PAPB in January 1992. The refusal was twice confirmed by parliament’s Select Committee in 1992 and 1993. By this time the original permit had expired.

The PA also rejected an application presented in 1995 to construct a one-storey farmhouse, also confirmed on appeal because the 1979 permit had expired. By then, new policies had come in place to protect rural land from the urban sprawl.

Then in 2010, another application was presented, requesting a permit for a pool. But this was refused on the grounds that the existing foundations could not be considered as a commitment of an existing building, and because the site did not qualify for development on uncommitted land.

Indeed, the local plan for the area only allows rehabilitation, development and re-development of existing dwellings in rural hamlets that are outside the building zones (ODZ).

The case officer on the recent application that approved a 155sq.m dwelling, insisted that the foundation works could not be considered as a commitment of an ‘existing building’ that could qualify for redevelopment. The case officer also insisted that the proposal was in conflict with the Rural Policy and Design Guidance.

Additionally, the Environment and Resources Authority objected to the application, warning that the development would undermine the rural characteristics of the area and set a precedent for more development.

But in March 2019 the PA board, chaired by architect Elizabeth Ellul, approved the permit after taking note of the original 1979 permit and the fact that the development was located in a rural hamlet. Then in June, owner and part-time farmer Victor Borg, presented a new application, now requesting a basement, a first floor and a pool, which still has to be assessed by the PA.