Local plan bans development on Maghtab petrol station site
Development deemed “incompatible” with the area’s designation as “rural settlement” is ruled out by the local plan.
The proposed 3,416 square metre petrol station in Maghtab in a triangular plot between Triq is-Salina and Triq l-Arznu near Ta’ Alla u Ommu hill, is located in an area designated by the local plan as a hamlet whose rural character has to be preserved.
Development deemed “incompatible” with the area’s designation as “rural settlement” is ruled out by the local plan.
Din l-Art Helwa and architect Carmel Cacopardo, who is representing Maghtab residents, are calling on the Malta Environment and Planning Authority (MEPA) to apply this policy and refuse the fuel station proposal made by Paul Abela of Abel Energy. A decision on this application was expected on Thursday but the board meeting was postponed in view of court proceedings initiated by residents.
But the case officer is still recommending the approval of the ODZ petrol station because it is deemed to fulfil the conditions set by the new policy regulating ODZ petrol stations approved last year.
Most of the land surrounding the proposed development is farmed land and the petrol station would replace two existing farmhouses.
The designation of the site as a rural settlement can be confirmed when checking its designation on MEPA’s own map-server. The site’s designation on the authority’s website as “Category 2 rural settlement” is highlighted among the planning designations applying to the site. Moreover a map included in the legally binding local plans designates the area earmarked for the fuel station as lying within the boundaries of the Category 2 rural settlement.
Category 2 settlements are hamlets located outside development zones, where limited residential or agricultural development can take place but whose character is protected by legally binding planning policies.
But the case officer report fails to assess the application on the basis of this policy, saying simply that according to the Local Planning Unit the policy protecting the rural character of the Maghtab hamlet is not applicable to the site. It also states that the site “is not considered to form part” of the hamlet.
MEPA’s Environment Protection Directorate has objected to the development, insisting that the proposal involves extensive hard landscaping and introduces materials and colours which are alien to the rural setting
The development on a parcel of land between Triq is-Salina and Triq l-Arznu has the blessing of the Planning Directorate and is being justified on the basis of the Fuel Service Station Policy approved last year.
It would include five fuel station dispensers, a tyre service, a car wash and a shop selling pre-packed food and is being proposed as a relocation of an existing petrol station situated in Constitution Road, Mosta.
The development would also introduce a ghost island right-turn in Triq is-Salina in order to ensure that north-bound traffic accesses the site in relative safety.
The case officer report overlooked the existence of this policy.
In spite of the approval of the Planning Directorate, residents and environmentalists have warned that any such approval would be in breach of a local plan policy, which seeks to protect the “rural character of the area.”
The aim of the policy is to prevent the further development of “incompatible uses” in the area.
According to the local plan for central Malta, the areas of Maghtab and Bidnija are designated as Category 2 Rural Settlements in Policy CG04, and should be conserved, consolidated and rehabilitated while protecting their rural character.
According to this policy the acceptable land uses in these settlements are aimed at ensuring that the genuine needs of agriculture are met, the remnants of agricultural activity are retained and allowing for rural diversification. These settlements can also absorb some development, which might be necessary for diversification of the rural economy but could have an adverse impact if located in the open countryside.
Safety concerns
Residents have also expressed fears on the impact of the new petrol station on their safety, arguing that they already fear using the narrow pavements in the area due to the risk of being hit by over-speeding vehicles.
They claim that the proposed development substantially increases the risks of traffic accidents.
This is because existing pavements will remain narrow and an unexpected curve will be introduced to the road. Residents warn that because of the development the road will suddenly narrow towards the north as it passes between residential units at the accident-prone junction of Triq il-Kustinjus and Triq il-Kappella ta’ Santa Maria.
“It is therefore inconceivable how Transport Malta, in their letter of February 2013, have ‘no objection in principle’ to such a proposal, given the history of traffic accidents on this stretch of road,” residents concluded in a report submitted to the Malta Environment and Planning Authority.
