Issue link: https://maltatoday.uberflip.com/i/234240
12 2013 in review maltatoday, SUNDAY, 29 DECEMBER 2013 The green balancing act On both hunting and planning Labour is keen on changing the goalposts by allowing more shooting and building, while promising stronger enforcement against illegalities. But has Labour underestimated the reaction of civil society, JAMES DEBONO asks? WITH the Malta Environment and Planning Authority still busy setting new parameters for parcels of land added to the development zone by the previous government in 2006, the newly-elected administration is once again tinkering with policies regulating ODZ (outside development zone) development, and building heights in urban areas. While new policies are being devised to lift present restrictions, as is the case with firework factories, no policies are being devised to regulate the gigantic land reclamation projects being proposed on Malta's coastline. Elected on a vaguely defined, but markedly pro-development platform and boosted by a resounding electoral mandate, the new government seems intent on changing the goalposts for various lobbies, ranging from livestock breeders to fireworks enthusiasts, while promising to curb on illegalities in ODZs as a pacifier for civil society. Yet it is doubtful whether more enforcement against illegalities will serve any purpose when the new policies will allow development which is presently illegal. The new policies have been issued for consultation before the publication of the new local plans – the plans that guide development around the Maltese islands – which may include further tinkering with height limits and developments zones. In the absence of any policy regulating development on Malta's coastal areas, the government has also issued an expression of interest in land reclamation projects. All these developments have taken precedence over the long due reform of Malta's Structure Plan, a process commenced by the previous government but which has been interrupted as the government seeks to change Malta's planning goal posts before giving an overall direction. When ODZ is no longer ODZ Hunting and overdevelopment: the two burning 'green' issues of the year The hunting panic building boundaries, the new policy foresees limited residential development in the countryside in the shape of new buildings used for agro-tourism purposes. But while the 2006 extension foresaw massive development on the outskirts of towns and villages, the new policy paves the way for small-scale developments right in the heart of the countryside. To benefit from the new policy, the applicant must be either a registered farmer tilling 60 tumuli (67,000 square metres) of contiguous land, or an owner who enters into an agreement with the farmers tilling the land in question. Presently only 138 farmers own parcels greater than 60 tumuli. Discretionary powers The second article of the new policy on ODZ development states that "any project of national interest arising from national government policies which departs from the policies formulated in the document shall be assessed on its own merits". This effectively allows the state to carry out any development, provided it is required in the national interest. A myriad of new developments, ranging from 400square metre agritourism projects, to stables and new dwellings for livestock breeders is set to be permitted on buffer zones for ecologically sensitive areas included, according to a draft policy regulating ODZ development. Developers will be able to incorporate other facilities like boutique wineries, horse-riding establishments and stables, swimming pools, olive oil production, bee-keeping facilities, farm shops and other developments, all located in the same area. Potentially this can easily result in oversized, 1,000m2 developments right in the heart of the Maltese countryside. Parliamentary For the first time secretary for since the controver- planning Michael sial 2006 extension of Farrugia Fireworks inside Natura 2000 The new policy on fireworks, controversially authored by Pyrotechnics Association lawyer (and Labour MP) Michael Falzon will pave the way for the construction of firework factories in rural conservation areas, areas of high landscape value and even buffer zones to Natura 2000 sites. The new policy is set to replace the presumption against the construction of new firework factories included in both the North West Local Plan and the Gozo and Comino local plans. According to both local plans new factories can only be constructed on "disturbed areas whereby any structures would be screened from view". Hotel heights policy drafted by industry The new policy drafted by a committee mainly composed of industry representatives is proposing a complete relaxation of building heights for 4 and 5-star hotels located in development schemes and outside urban conservation areas, to add more than two storeys than permitted in the Local Plan as long as the design "constitutes a landmark having unique aesthetic characteristics within the urban context". A policy drafted by MEPA under the previous government and approved by the current administration in May, limited the number of floors to be added to two. All hotels will now be able to add an extra two floors except those located in ODZ areas, ridge edge sites, scheduled buildings and urban conservation areas. Going higher Only Gozo will be spared from a high-rise policy that will apply a 'floorarea ratio' to allow twice the number of storeys allowed by local plans in urban areas, that are surrounded by streets on all sides. Medium-rise buildings can be considered in all urban localities in Malta, and only Gozo is excluded from such development. On the other hand, blocks stretching higher than 10 storeys are envisioned in Sliema, Gzira, Marsa, Qawra and Pembroke. Any development in Sliema which is outside the urban conservation area and is surrounded by four streets, can be eligible. No such development is permissible in urban conservation areas, residential priority areas, ridges and ODZ areas. Additionally, permissible sites must be surrounded by streets on all sides. Presently, MEPA's floor-area ratio allows developments to breach height limits when it is limited to a footprint of 3,000 square metres. But this requirement has now been removed entirely for any development in Sliema, St Julian's, Msida, Gzira, Pietà, St Paul's Bay, Marsaskala and Marsa. In all other localities outside this so- called "strategic area", the minimum site area is being raised to 5,000 square metres. Enforcement The government's balancing act has been that of clamping down on a number of illegalities, most notably that against illegal structures belonging to construction magnate Charles Polidano. On Thursday 28 November, two days before a planned protest by environmentalists, MEPA started a coordinated direct action operation to remove a number of illegally built structures which continued to mushroom at the Montekristo Estate in Hal Farrug, belonging to Polidano. Despite the commitment for greater enforcement, one of the first decisions of the incoming MEPA board was to introduce an enforcement provision which allows developers a defined time of 36 months "to try and obtain any necessary sanctioning". MEPA is also committed to strengthen its enforcement staff especially in ODZ areas, but no action is expected against the Armier squatters, one of the lobbies which backed Labour before the general elections. Pyrotechnics Association lawyer and Labour MP Michael Falzon Prior to the election Labour had signed a vague pre-electoral agreement with the hunting lobby. The agreement hinted at a consultation process to be initiated to revise the legal instruments and laws to remove uncertainties and ambiguities in the local policies. In government, Labour immediately waived a special licence paid by hunters to hunt in Spring and removed the obligation to wear an armband, thus making enforcement more problematic. Moreover the government practically removed a hunting curfew that previously allowed hunting between the 15 and 30 September to stop at 3pm, by taking the curfew up to 7pm – practically allowing hunters to catch birds all day long. The government counter-balanced this liberalisation of hunting laws by promising stricter enforcement. But this failed to stop illegalities which included the shooting of a flamingo at Salina Bay in June. The perceived blackmail exercised by the hunting lobby on politicians also provided an opportunity for civil society to assert itself by calling for an abrogative referendum to abolish spring hunting. The campaign set in motion an unprecedented coalition which includes the Green Party, Birdlife and all major environmental organisations. Although initially many doubted the ability of this coalition to collect the necessary number of signatures, sceptics have been proved wrong, with the coalition being close to their 35,000 signature target at the end of the year.