‘Pick and choose the best policy’

Rural developers can choose whether appeals are judged according to 2007 or present policy

Developers and farmers affected by the new policy regulating rural development in outside development zones are being given a choice: between having their appeals against past permit refusals judged according to policies enacted by the previous government or according to the new policy launched last week.

The Malta Environment and Planning Authority had rejected these permits on the basis of a voluminous 223-page Agriculture, Farm Diversification and Stables policy.  Separate policies existed for non-agricultural ODZ buildings and swimming pools.

These three policies have now been replaced by a 43-page Rural Policy which effectively legalises all illegal pre-1978 developments, allows more farm related developments but is more restrictive towards livestock farms set up illegally before 1992 but after 1978. 

The new policy includes a transitory provision for all applications located ODZ, which have been referred to the Environment and Planning Review Tribunal before the approval of the new policy.

These applicants shall be requested by the appeals tribunal to “indicate” the policy documents, which shall be used for the determination of the appeal.

Suspended or deferred

A number of cases still being assessed by MEPA, most of which were heading to a refusal, have also been suspended in the past months in view of the change in policy.

On Tuesday the Environment and Planning Commission asked case officers to revise reports recommending the outright refusal of two controversial farm applications in protected areas in Qormi and Rabat in view of the approval of the new policy regulating ODZ and rural developments, launched last Friday.

The cases included an application submitted by architect Robert Musumeci on behalf of Roderick Cutajar, the owner of Regina Auto Dealer Limited, which foresees the regularisation of illegal development extensions to a farm located in a Special Area of Conservation very close to the Ghar il-Kbir water gallery.

The other postponed application was submitted by architect Labour MP Charles Buhagiar on behalf of Joseph Schembri, which proposes an extension of a disused cow farm and the construction of a new store.