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MALTATODAY 24 November 2019

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JAMES DEBONO PERMITS enabling landown- ers to reconstruct small stores and tool sheds set in the most picturesque localities, are be- coming more common as demonstrated by two decisions taken by the Planning Author- ity in the past days: one in Ras ir-Raheb and another on the Marsalforn ridge. Other pending applications presented in the past months include proposals to rebuild old structures in Hondoq ir- Rummien in Qala, and Wied Babu in Zurrieq. The approval of such permits may not have a significant en- vironmental impact, being lim- ited to the footprint of existing buildings. But it does appreci- ate the value of ODZ (outside development zones) land, by granting the seal of legality to the small old dilapidated struc- tures which can now be re- placed by newer structures. Endowed with a permit, these can now be sold for recrea- tional use. The Environment and Resources Authority has often expressed concern that this practice may also trigger pressures to facilitate access to such sites, made after owners get a foothold through a legal permit. Moreover, rebuilding a pre- 1978 structure does not re- quire the 'proof' of active arable farming required for applications to build new ag- ricultural stores. This means that one does not have to farm the land around these stores or sheds to be eligible for a per- mit. As demonstrated by the two cases approved in the past days, the PA's planning com- mission is being careful to lim- it the footprint to the original pre-1978 structure and is not acceding to the full demands made by the owners. For example, in the Marsal- forn case, architect Alex Bigeni had originally presented plans to reconstruct a mas- sive 70sq.m store, the size of a small dwelling. At the end he was granted a permit to build a 33sq.m 'store', replacing the existing roofless structure lo- cated in an area known as l- Irdum ta' Kililu, at il-Milha in Marsalforn, which is listed as an Area of High Landscape Value and a Natura 2000 site. The land around the 'room' is abandoned and applicant Sil- vio Bartolo only registered as a farmer after presenting the ap- plication in 2018. It was his failure to submit sufficient proof for arable farming which disqualified him from reconstructing the entire 55sq.m room, which in- cludes extensions made after 1978. But the planning commission still approved the reconstruc- tion of the area covered by the ruins of the 1978 structure, on the basis of the rural develop- ment guidelines, which effec- tively considers any structure built before that date as legal and thus eligible for recon- struction even in the absence of a farming activity. He did so by including more recent additions made to the structure after 1978 but before 1994. But in its final decision the commission only agreed to allow the construction of a 35sq.m store, limited to the footprint of the original store. In the case of the permit to re- construct a 10sq.m tool room on another Natura 2000 in Ras ir-Raheb, the PA blocked an attempt to construct a res- ervoir and a pump room that would have required excava- tions in the archaeologically sensitive area. The ERA had acknowledged that structures were visible on 1978 survey maps but also pointed out that the struc- tures were not being used for agricultural purposes "but for hunting and trapping". ERA had also expressed con- cern that approval of this pro- posal would lead to the crea- tion of new passageways which would lead to additional envi- ronmental impact and land degradation. Documents also show that while applicant Anthony Cuschieri himself was regis- tered with the Agriculture Di- rectorate since 2014 with land parcels registered in Rabat and Qormi, the site itself which has an area of less than one tumolo is registered on third parties. Recent applications have also been presented in other sensitive areas. Zurrieq land- owner Maurizio Baldacchino has applied to replace a cluster of rural structures that were regularised last May by the Planning Authority – against the advice of the Environment Resources Authority – with a 60sq.m "agricultural store" and basement. The Qala council recently objected to an applica- tion by leading Gozitan devel- oper and realtor Paul Scicluna, the owner of Scicluna Enter- prises, to build a small "tool shed" in Hondoq ir-Rummien, under the pretext of rebuilding a 20sq.m room of which only a pile of rubble is left. 10 maltatoday | SUNDAY • 24 NOVEMBER 2019 NEWS A room with a most fantastic view How PA is dishing permits enabling landowners to reconstruct small stores and tool sheds set in the most picturesque Natura 2000 sites Ras ir-Raheb, where rubble can get turned into small rooms: The approval of such permits may not have a significant environmental impact, being limited to the footprint of existing buildings. But it does appreciate the value of ODZ (outside development zones) land, by granting the seal of legality to the small old dilapidated structures which can now be replaced by newer structures In the Marsalforn case, architect Alex Bigeni had originally presented plans to reconstruct a massive 70sq.m store, the size of a small dwelling. At the end he was granted a permit to build a 33sq.m 'store', replacing the existing roofless structure located in an area known as l-Irdum ta' Kililu, at il-Milha in Marsalforn, which is listed as an Area of High Landscape Value and a Natura 2000 site

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