Second chance for planning permits headed for refusal

51 planning applications, 18 of which were to sanction illegal developments carried out in the past, have been suspended until a new policy regulating outside development zones is introduced.

Many of these applications were destined for refusal, being in breach of existing policies. But now they may get a new chance thanks to policy changes currently being discussed.

The postponement of a decision in these cases was made possible by a legal notice issued in June, allowing applicants to ask MEPA to stop assessing their application whenever a new policy which has a direct bearing on the application is being drafted.

MEPA now has to reassess these applications according to the new policy regulating ODZ developments, which is expected to be approved in the next weeks.

Although these permits may well be rejected under the new policy, the draft ODZ policy facilitates the development of old farmhouses into residential units. It also permits new facilities like agro-tourism and visitor attractions in the countryside, and various development in buffer zones to protected Natura 2000 sites.

The full list of "suspended" applications was tabled in parliament by the Prime Minister in reply to a parliamentary question by Nationalist MP Toni Bezzina.

Eighteen of these applications seek to regularise illegal developments in the countryside. These include sanctioning extensions to existing farmhouses, country paths, walls, basements, boreholes, swimming pools, tool rooms and garages.

Four applications referred specifically to the development of new dwellings, and eight contemplate the extension of existing dwellings. Five were applications for new swimming pools.

In his reply, Prime Minister Joseph Muscat made it clear that not all applications for a suspension had been accepted, as a number of applicants requested a suspension for development, which was not affected by the current policy revision.

Suspended or resurrected?

A number of the suspended applications were already at a very advanced stage, to the extent that case officers had already issued recommendations for refusals.

The case officers will now have to re-assess these applications on the basis of the new, more liberal policy.

An application destined for refusal under the old regime, which has now been suspended, is the attempt to regularise a farmhouse in Bieb ir-Ruwa at Rabat. The current application is the third attempt to sanction illegal additions to a pre-1967 structure after MEPA refused two applications presented in 1995 and 2007 respectively.

These illegal additions increased the floor space of the building from 93 square metres to 157 square metres. The applicant even failed to submit sufficient proof that the site was ever used as a residence.

A decision due for the 31 July was postponed after the MEPA board accepted a request for a suspension, presented by the architect.

An application to demolish an existing farm building in Hal Dragu in Bidnija, has also been suspended. It was recommended for refusal because it was situated 1,500m away from the development boundary. According to present policies, a change of use from agricultural to residential use can only take place if a building is within 183m from the development boundary.

Another application to erect five terraced houses on vacant land in the hamlet of Santu Rokku, in Kalkara, was also recommended for refusal, because it was in breach of the local plan.

The new legal notice

The controversial legal notice obliges MEPA to forewarn developers of any impending change in policies so that applicants affected by these changes can suspend their applications until the new policy comes into force, but no application can be suspended for more than one calendar year.

As a result, developers will not risk having their applications turned down on the basis of policies, which the government intends to change.

But since the suspension process is optional, applicants whose developments are endangered by new policies may still have their applications processed before the new policies become active. The LN ensures that developers are informed directly and can even suspend their pending applications in view of any policy changes.