Renewal of permits to overrule changes in policy - Roderick Galdes

Labour MP and spokesperson for planning Roderick Galdes has insisted that the renewal of permits after five years will be automatic and will overrule any changes in policy occurring during the previous five years.

His position stands in marked contrast with newly issued MEPA guidelines which facilitate the renewal of permits, but which exclude any automatic renewal in cases where planning parameters for the area in question have changed.

Presently permits expire after five years and developers have to apply afresh. Last Monday interviewed on a TV programme Labour leader Joseph Muscat proposed a new system through which permits would be renewed after five years. On the following day MEPA launched a new document aimed at facilitating the renewal of permits.

Galdes insists that planning policy already recognises that  approved permits supersede any changes in policy.  He insists that this is confirmed by court sentences.

But the guidelines issued by MEPA last week make it clear that where there are any changes to plans, policies, constraints and any other circumstances, the renewal application must be assessed afresh and in full to take account of these changes. The development must comply with the situation prevailing at the time of the decision. The development previously approved could still comply with the changes in the planning regime. Thus the renewal application could still be approved and may be subject to different/additional conditions.

Gales who sits on the MEPA board was also asked whether he was aware of the proposed guidelines issued by mepa and whether he had informed Joseph Muscat about the proposals which had been approved by the MEPA board before last Monday's policy proposals.
Galea replied that MEPA only started discussing the guidelines after he had issued a press release was issued in lamenting the bureaucratic delays and inconsistencies of MEPA in these issues.

"Till today the government kept these guidelines hidden  as it was still not sure how the system will work....The government only published these guidelines as a reaction to what the Opposition Leader said on the previous day and this is simply a sign of electoral panic."

Galdes insists that the new guidelines will simply create more bureaucracy for the applicants.

"The difference between our proposal and the government's is clear. The government is simply increasing bureaucracy and regulations.  While the Labour Party is proposing a one time automatic renewal whenever there is such a request by the applicant."

A Labour government would even consider a second request for a renewal of permit after 10 years after the original permit was granted but this would be considered according to the policy of the day.

Galdes denied that extending the pending development permits beyond their current five-year expiry deadline, would  result in having more sites left in a state of disuse and dilapidation until development commences by pointing out that presently developers are being constrained to start works early not to lose their permit.

"This is resulting in developers starting works which they are unable to complete..."

He also argues that when permits are not renewed, developers lose their vested rights on the sites in question are left uncompleted.

MEPA's guidelines

Work on this guidance document started back in October 2011, when the Chairpersons' of the Environment and Planning Commissions, at a Mepa Board meeting, raised a number of issues with the procedural system that was being adopted in processing and permitting the renewal or amendment of planning applications.

Early last year, the Planning Directorate presented the Board with a proposed framework for discussion. In October 2012, the Mepa Board of which Labour MP Roderick Galdes forms apart approved the document for public consultation. Prior to publishing this proposed guidance document the Authority held a number of pre-consultation meetings with the Kamra tal-Periti.

In fact on Tuesday-the day after Muscat presented his own proposal-MEPA issued a detailed consultation document through which those renewal applications where no changes have taken place on site, will be accepted and a further validity period will be given.

The proposal to renew building permits beyond the five years expiry date  is clearly aimed at giving developers time to invest in already approved developments at a more favourable time than the present economic climate.  This will spare them from having to fork out the full cost of a new application simply because the five year limit had expired.

Yet it also contrasts with increased sensitivity of residents to developments. 

It also raises the question of what will happen to the renewal of permits violating policies and plans, which came in force after the original permit.

In fact the major difference between Labour's proposal and MEPA's consultation document is that the latter is more detailed and contains a number of important conditions limiting the automatic renewal of permits.

But MEPA's proposal may well open another Pandora's box by accepting that already approved plans may be amended through a fast track renewal application.

While making it clear that renewal applications, which contain amendments, will not be approved automatically, the MEPA document proposes introduces a new category of application type, thee "Renewal and Amended Application", whereby a successful application would renew/extend the validity of permission and also amend the drawings of the permission.

But MEPA also makes it clear that changes must not result in an  increase in the number of dwelling units or and increase in floor area.

One important condition imposed by MEPA is that if illegal development, subject to en enforcement notice, was carried out subsequent to the issue of the original permission, then the renewal application cannot be approved.

One major consideration ignored in the MEPA document is any reference to obligations to keep the site in a good state.  One risk of extending permits beyond the present five-year timeframe is an increase in dilapidated sites, kept in a state of disrepair for a longer period of time.  One of the advantages of the present system was that it encouraged developers to commence development and thus render the site habitable before five years.

Joseph Muscat has clearly explained the rationale of his proposal referring to situations where developers, who had taken years to obtain a permit had difficulty to develop the site within the stipulated time frame.

Still this raises the question of whether Malta can ever afford the over supply of property before the 2009 economic downturn and whether this will perpetuate economic dependence on the property sector and inflicting the sins of the past on future generations.