Army exemption means no MEPA permit required for Haywharf monstrosity

Both Superintendent of Cultural Heritage and the Planning Directorate's Heritage Planning Unit gave clearance to the project – MEPA

The army was exempted from seeking a full permit through amendments to the law approved last year.
The army was exempted from seeking a full permit through amendments to the law approved last year.

The concrete structure constructed by the Armed Forces of Malta at Haywharf has been erected in the absence of a planning permit, because the army is exempted from applying for a permit.

A MEPA spokesperson has confirmed that the Development Notification Order makes provision for development carried out by the AFM, or development related to migration matters that fall under the army’s remit.

In both instances, the notification procedure – actually submitting a formal DNO – is not required “where in the opinion of the Minister responsible for the Armed Forces or the Minister responsible for Immigration, the development is urgently required for national security reasons or for humanitarian, security or other relevant reasons, respectively.”

In both instances, MEPA is to be informed accordingly about this opinion and prior clearance is required from the Superintendent of Cultural Heritage.

MEPA also confirmed that both the Superintendent of Cultural Heritage and the Planning Directorate's Heritage Planning Unit had given their clearance to the project.

The army was exempted from seeking a full permit through amendments to the law approved last year.

Legal notice

In an amendment to the law regulating the issue of development notification (DNO) orders in September 2013, a simplified planning procedure initially foreseen for small-scale developments like traffic lights and internal alterations in homes.

Through the new amendment, the army will not even need a DNO to carry out development justified by the said “national security reasons”.

The only condition imposed is that whenever the development tales place on scheduled property, like historical buildings or Natura 2000 sites, the minister will need the clearance of the superintendent of cultural heritage and the authority responsible for environmental protection.

The development also has to be recommended by a consultative committee on the development of the armed forces, set by the Minister to provide advice on the suitability of any such development. But if such a committee is not constituted, the decision can be taken by the minister.

In all other cases, the army can resort to the simplified Development Notification Order procedure.