Issue link: https://maltatoday.uberflip.com/i/1515420
13 maltatoday | SUNDAY • 4 FEBRUARY 2024 NEWS JAMES DEBONO jdebono@mediatoday.com.mt PA set to revoke condition excluding ODZ swimming pools in Qala THE Planning Authority's execu- tive committee is set to remove a condition that did not permit the development of swimming pools for a Qala apartment block, out- side development zones. A judicial letter by applicant Saviour Micallef is requesting that the PA remove this condi- tion, with the case officer and the authority's lawyers also agreeing to the change. When approving residential development on the 424sq.m site, which had been added to the development zones in 2006, the PA stipulated that no form of development would be permitted outside the limit to development boundary. The permit, signed by the Plan- ning Minister in October 2023, also included this condition meant to avoid any future en- croachment on adjacent ODZ land. In the judicial letter, the ap- plicant described the condition against any future development outside the development bound- aries as "totally arbitrary, illegal and ultra vires" and one preju- dicing his legal rights and expec- tations, notwithstanding the de- velopment allowable through the Rural Policy and Design Guide- lines 2014. The project's architect had al- ready objected to the condition at the time the permit was issued, insisting that ODZ swimming pools are already permitted. In fact, the rural policy specifically allows ODZ swimming pools if located within the curtilage of ex- isting developments. But during the same meeting, the PA's Executive Chairman Oliver Magro had clarified that whilst the rural policy may per- mit swimming pools in the ODZ, the Executive Council is in a po- sition to impose any condition which it deems necessary "even if it supersedes that permitted by the relative policy." Sins of the rural policy The rural policy permitting ODZ swimming pools on the site curtilage of existing devel- opments has often been used by other developers to build these pools next to brand new apart- ment blocks on development borders. For example, in 2022 the PA had sanctioned the the illegal ex- cavation of two swimming pools in another area in Qala that form part of a 164-apartment block developed by Gozitan developer Joseph Portelli. Environmentalists have always objected to this and had called on the government to change the rural policy approved in 2014 to stop this practice, which is blurring the distinction be- tween development zones and the ODZ. But the review of this policy started four years ago is still pending. In its analysis of the case, the PA' planning directorate and le- gal office concluded that the con- dition is partly "erroneous" and constitutes an "error on the face of the record" and is therefore re- vokable. A final decision on the proposed revocation of the condition is ex- pected on Tuesday. A new supermarket is being proposed in outskirts of Xewkija, some 200m away from the Lidl supermarket, on a plot of neglected agricultural land. The area covering 2,240sq.m is stra- tegically located along Triq l-Imgarr which connects the harbour and Ra- bat. The site earmarked for the super- market is entirely located within the development zone. The area is al- ready characterised by industrial de- velopment and is situated opposite a bustling T-Junction, which provides direct access to the Xewkija Industri- al Estate. Moreover, the land which has re- cently been used as a makeshift car- park, is designated for a mixed range of use including retail in the local plan approved in 2006. The application presented by Jo- seph Farrugia foresees three floors of underground car park set to accom- modate 156 cars, a supermarket at ground floor level and six offices on three overlying levels. A Project Description Statement presented by the developers' consult- ants acknowledges that soil will be discarded to accommodate the up- coming development but notes that no intensive crop production has taken place in the area for some time. In 2011 the Planning Authority had already approved a supermarket in the same location but over a larger area which protruded into the OD, but the permit expired in 2016. The application had been approved de- spite a recommendation for refusal by the case officer. Second supermarket proposed Another supermarket is also being proposed by Francesco Grima along the same main road in Ghajnsielem at 2.7km from the one being pro- posed in Xewkija. The proposal also foresees the de- velopment of 18 residential units on three levels above the supermarket. The Environment and Resources Au- thority is objecting to the proposal since the proposal is mostly located on land which is outside development boundaries. More than 200 residents have objected to this development. JAMES DEBONO jdebono@mediatoday.com.mt New supermarket proposed in Xewkija just 200m away from Lidl