New circular weighs on Balzan permit

Developers and architects have cried foul that the new Malta Environment and Planning Authority circular effectively changes the goalposts for development applications proposing residences in back yard gardens, in the absence of a change of policy.   

One of the imminent decisions scheduled two days before MEP elections, which could be impacted by the policy interpretation given in the new circular is the proposed development of nine units in Triq l-Ferrovija l-Qadima, in Balzan. 

The controversial application – which envisions a four-storey development instead of a two storey terraced house in a street characterised similar quaint houses – has been recommended for approval by the Planning Directorate.

But the application is being strongly resisted by residents, NGOs and the local council all of which oppose the development, as it would obliterate part of an existing back garden.

But the new MEPA circular issued to architects on 5 May states that any development extensions in back yards and gardens “should be justified and ‘minor’ so as to safeguard the integrity of the overall green lung as well as the character of the overall urban area”.

Reflecting what environmentalists have been saying over the past years, the circular states that “green enclaves enhance and characterise our urban environment and should therefore be given due consideration”.

On its own, the circular is not being presented as a new policy – something which would require widespread public consultation – but an interpretation of already existing policies.

Sources at MEPA confirmed that the Balzan case, amongst many others, simply served to alert MEPA on the need of a clear direction to planning boards on interpreting existing policies governing the issue of permits in back yards and gardens.

On the other hand, in a statement issued on Wednesday, the Chamber of Architects and the Malta Developers Association denounced that the circular simply changes the goalposts for applications which are already being processed by MEPA. 

The two organisations pointed out that the circular does not only affect applications that will be made in future, as happens when there are official changes in policies, but also present ones.

“Through the simple issuing of a ‘circular’ there have been changes in policies that are to be applied even for applications that are still being processed by MEPA, no matter what stage the process has reached.”

In reply to these statements, the Authority insisted that the published circular does not amend any of the relevant policies, but to clarify the current existing policies.

The new circular refers to existing policies, including the structure plan policy which state that development must be “compatible with the good urban design, natural heritage, and environmental characteristics of existing or planned adjacent uses”.

It also refers to the Policy and Design Guidance 2007 which give direction to boards to respect “the positive features of an urban area”.

Through the circular, MEPA has also for the first time quantified the depth of the built footprint which cannot exceed 30 metres from the official building alignment.

Moreover, the local plan for Balzan itself refers to the need to protect characteristic gardens and already makes it clear that the gardens located in Balzan “need to be preserved in order to protect the locality’s serene urban character”.

The circular also includes a “presumption against the creation of additional residences at basement levels”.

The Balzan test case

The application for the development of nine garages at basement level, a maisonette at semi-basement level, six flats on the other three levels and two overlying penthouses in Triq l-Ferrovija l-Qadima was presented on 12 March 2013.

The proposed three-storey and penthouse development will replace a two storey terraced house in a street characterised by similar two storey houses.

But the local plan approved in 2006 already allows three-storey development and overlying penthouses on this particular street.

The development caused a stir in Balzan, with both PL and PN councillors uniting against it.

A case officer report presented in January effectively paved the way for the approval of this application despite a large number of objections, including one from the Local Council, calling on MEPA to protect a “mature” garden “which serves as a green lung in a congested area”.

The case officer report fails to address this issue except by stating that the trees located in the garden are not protected by law.

The case officer does not refer to any existing policy or guidelines regulating development in back gardens.

The development was also deemed to conform to guidelines regulating the development of residences in basements.

In fact one of the objections referred to the physical wellbeing of future residents living in proposed semi-basement dwellings.

Flimkien Ghall-Ambjent Ahjar also objected, pointing out that the area is prone to flooding.

In a meeting held on 20 March, the application was suspended to enable developers to submit amended drawings. A decision is scheduled on 22 May, three weeks after the issue of the new circular, which according to MEPA clarifies existing policies but which developers claim is changing the goalposts for similar applications.