Gaffarena ODZ warehouse plans get new lease of life

The Environment and Planning Review Tribunal has once again revoked the original decision of the Planning Authority to reject the ODZ development

The outside development zone in Kirkop
The outside development zone in Kirkop

The Planning Authority’s appeals tribunal (EPRT) has once again overturned the refusal of a permit for entrepreneur Marco Gaffarena to build 34 warehouses over 2,800 square metres of land outside development zones in Kirkop next to the airport.

The tribunal was chaired by architect Roderick Spiteri, and includes lawyer Andy Ellul and architect Alessandra Fiott.

The land is designated as agricultural land in the local plan, but Gaffarena had argued that the site is surrounded by similar developments owned by third parties which had been previously awarded permits by the Planning Authority. The Malta Resources Authority had also objected due to the presence of the ‘Dawl’ borehole just 11 metres away.

In 2016 the Planning Authority had turned down the development as the use of the land for warehouses was not considered “legitimate or necessary within the rural area” in terms of planning policy, as well as concerns over road safety due to the significant increase in vehicles passing through.

But in 2018 the EPRT revoked the PA’s decision and issued the permit. Subsequently the decision was over ruled by the law courts after the PA appealed the decision. The court argued that the development was in breach of SPED policies to “safeguard land around the airport for the growth of aviation and logistics sector.”

However, in its decision on Thursday, the tribunal once again revoked the original refusal, ordering the PA to process the application again.

The tribunal justified its decision by saying that another permit was issued for warehousing in Mqabba.

According to the tribunal the approval would not change the context of the area and should therefore be considered as other developments in the area. It also noted that no concrete plans exist for the expansion of the airport in this area.

The tribunal also called for the submissions of clear plans outlining how the new development would be seen from the road and a survey documenting the vegetation found on the site.

The proposed development is to include a total of 33 industrial garages at basement and ground level.

According to the PDS, the development will “complement the surroundings, especially the airport’s runway, which is considered to be close to the site”.

The 33 garages will be occupying a total space of around 5,500 square metres on two levels.

In August 2004, MEPA refused an application presented by Gaffarena to build 13 warehouses in the same area.

In 2006 MEPA also refused an application by Gaffarena to demolish and rebuild a number of dilapidated rooms on the same footprint. Subsequently Gaffarena applied to construct a batching plant but the Planning Directorate withdrew this application.

The land in question, which lies on the ground water protection zone, was occupied by a farmer until 2012 and is classified as an agricultural zone in the local plan.

A number of quarries and batching plants are present in the surroundings. Part of the site lies within a listed buffer zone due to the discovery of Roman remains, consisting of a cistern, in the vicinity.

In 2004 the development was deemed to be in breach of the Structure Plan, which does not permit urban development outside existing and committed built-up areas.

“It is apparent that there are no reasons from a planning point of view why the proposed development cannot be located in an area designated for industrial

development”, the case officer recommending a refusal of the development said.

The proposal was also deemed to result in an unacceptable impact on the road network in the area.