Pre-1994 fireworks factories to be regarded as ‘permitted’

A draft legal notice is proposing that all fireworks factories, which have been in existence “since, or before, the year 1994” and are currently in existence are to be considered as “permitted development”.

1994 was chosen as a cut-off date, due to the availability of aerial photos subsequent to the set-up of the PA in 1992.

The legal notice will also consider the “operations” of such factories as a “permitted development”. 

This effectively means that when applying for extensions or further development, fireworks factories will not have to prove their legal status. This will facilitate upgrades related to health and safety. At the same time this could increase pressures on the surrounding countryside.

In the past there have been cases where fireworks factories applying for extension permits were unable to produce the original permits. The new legal notice will address this problem.

In 2014 a case officer assessing an application to upgrade the Saint Catherine’s factory in Wied Hareb in Zurrieq had raised concern that the submitted plans referred to an old permit that was not traced during the planning process.

However, the factory was covered by a police licence and in 2008 an enforcement notice was issued on site for an extension to an existing factory. According to the PA this implied that the use of the site to create fireworks had “long been established”.

The PA is currently assessing an application to regularise and extend a fireworks factory in Ta’ Sqaq Awzara in Qormi. The Environment and Resources Authority has not objected to the proposal, noting that such development has to be located in the ODZ but has asked for plans related to a permit dating back to 1984.

The legal notice which inserts a new category in the law regulating Development Notifications Orders has been issued for public consultation last week. The new category will cover existing development related to Malta’s culture and tradition.