Issue link: https://maltatoday.uberflip.com/i/310131
maltatoday, SUNDAY, 11 MAY 2014 13 JAMES DEBONO DEVELOPERS and architects have cried foul that the new Malta Environment and Planning Au- thority circular effectively changes the goalposts for development ap- plications proposing residences in back yard gardens, in the absence of a change of policy. One of the imminent decisions scheduled two days before MEP elections, which could be impacted by the policy interpretation given in the new circular is the proposed development of nine units in Triq l-Ferrovija l-Qadima, in Balzan. The controversial application – which envisions a four-storey de- velopment instead of a two storey terraced house in a street charac- terised similar quaint houses – has been recommended for approval by the Planning Directorate. But the application is being strong- ly resisted by residents, NGOs and the local council all of which op- pose the development, as it would obliterate part of an existing back garden. But the new MEPA circular issued to architects on 5 May states that any development extensions in back yards and gardens "should be justi- fied and 'minor' so as to safeguard the integrity of the overall green lung as well as the character of the overall urban area". Reflecting what environmental- ists have been saying over the past years, the circular states that "green enclaves enhance and characterise our urban environment and should therefore be given due considera- tion". On its own, the circular is not being presented as a new policy – something which would require widespread public consultation – but an interpretation of already ex- isting policies. Sources at MEPA confirmed that the Balzan case, amongst many oth- ers, simply served to alert MEPA on the need of a clear direction to plan- ning boards on interpreting existing policies governing the issue of per- mits in back yards and gardens. On the other hand, in a statement issued on Wednesday, the Chamber of Architects and the Malta Devel- opers Association denounced that the circular simply changes the goalposts for applications which are already being processed by MEPA. The two organisations pointed out that the circular does not only affect applications that will be made in future, as happens when there are official changes in policies, but also present ones. "Through the simple issuing of a 'circular' there have been changes in policies that are to be applied even for applications that are still being processed by MEPA, no matter what stage the process has reached." In reply to these statements, the Authority insisted that the pub- lished circular does not amend any of the relevant policies, but to clarify the current existing policies. The new circular refers to existing policies, including the structure plan policy which state that development must be "compatible with the good urban design, natural heritage, and environmental characteristics of ex- isting or planned adjacent uses". It also refers to the Policy and Design Guidance 2007 which give direction to boards to respect "the positive features of an urban area". Through the circular, MEPA has also for the first time quantified the depth of the built footprint which cannot exceed 30 metres from the official building alignment. Moreover, the local plan for Bal- zan itself refers to the need to pro- tect characteristic gardens and already makes it clear that the gar- dens located in Balzan "need to be preserved in order to protect the lo- cality's serene urban character". The circular also includes a "pre- sumption against the creation of additional residences at basement levels". The Balzan test case The application for the develop- ment of nine garages at basement level, a maisonette at semi-base- ment level, six flats on the other three levels and two overlying pent- houses in Triq l-Ferrovija l-Qadima was presented on 12 March 2013. The proposed three-storey and penthouse development will replace a two storey terraced house in a street characterised by similar two storey houses. But the local plan approved in 2006 already allows three-storey development and overlying pent- houses on this particular street. The development caused a stir in Balzan, with both PL and PN coun- cillors uniting against it. A case officer report presented in January effectively paved the way for the approval of this application despite a large number of objec- tions, including one from the Local Council, calling on MEPA to protect a "mature" garden "which serves as a green lung in a congested area". The case officer report fails to ad- dress this issue except by stating that the trees located in the garden are not protected by law. The case officer does not refer to any existing policy or guidelines regulating development in back gardens. The development was also deemed to conform to guidelines regulating the development of residences in basements. In fact one of the objections re- ferred to the physical wellbeing of future residents living in proposed semi-basement dwellings. Flimkien Ghall-Ambjent Ahjar also objected, pointing out that the area is prone to flooding. In a meeting held on 20 March, the application was suspended to en- able developers to submit amended drawings. A decision is scheduled on 22 May, three weeks after the issue of the new circular, which ac- cording to MEPA clarifies existing policies but which developers claim is changing the goalposts for similar applications. News COURT NOTICE The Registrar, Civil Courts and Tribunals notifies that the First Hall of the Civil Court ordered the sale by judicial auction of the following property to be held in the corridors of the Courts of Justice, Republic Street, Valletta. Date, Judicial Sale No. and Time Property 29 th May 2014 102/13 – 11.30am EGL Tenement numbered sixteen (16), in Triq il- Karmnu, St. Julian, including the garden and the overlaying space, which tenement overlays part of property numbered fifteen (15) free and unencumbered with all its rights and enjoyments. Tenement numbered fifteen (15),in Triq il- Karmnu, St. Julian, underlying tenement numbered sixteen (16), free and unencumbered with all its rights and enjoyments. Two Garages (2) unofficially numbered seven (7) and eight (8), without airspace, forming part of a block of apartments and garages underlying , which garages are accessible from a common entrance numbered twenty (20) named ' Navillus ' in Triq Lapsi, St. Julian , free and unencumbered with all their rights and enjoyments. The said tenements are free and unencumbered, valued at six hundred and fifty thousand euro (€650,000). Further details can be obtained from the website: http://www.justiceservices.gov.mt/courtservices/JudicialSales/search.aspx The bidders taking part in the auction must present their identity card. Rudolph Marmara' For the Registrar of Civil Courts and Tribunals A recently issued MEPA circular limiting residential development in backyard gardens could have a direct bearing on a controversial decision in on a four-storey development in Balzan due on 22 May New circular weighs on Balzan permit