Issue link: https://maltatoday.uberflip.com/i/380554
maltatoday, SUNDAY, 14 SEPTEMBER 2014 News 11 New policy paves way for planning amnesty ILLEGAL extensions made to dwellings constructed outside de- velopment boundaries (ODZ) be- fore October 1994 can now be regu- larised according to the new policy regulating ODZ and rural develop- ments. The policy, which mainly deals with agricultural developments like stores, livestock farms and stables, includes clauses which not only fa- cilitate the conversion of farmhous- es into dwellings, but also enables owners to sanction illegal extensions made to farmhouses in the past. These illegalities can only be regu- larised if the extension respects the surrounding landscape and are not visually imposing. The original document issued for public consultation in October 2013 had made no reference to this am- nesty for pre-1994 illegal extensions to ODZ buildings. And while the original draft speci- fied that the existing dwelling and the extension cannot surpass 150 square metres, the final policy sets the maximum floor space at 200 square metres. Extensions will be granted permits only for dwellings with a valid plan- ning permit or to dwellings used as a residence before 1992. But another significant exception is made in the approved policy. In cases of dwellings built before 1978, an extension to an existing building may be considered even if the prop- erty lacks a permit or was not used as a residence before 1992. 1978 was chosen as a cut-off date because the earliest aerial photos date back to that year. This represents a significant change from the original document issued for public consultation, which specified that in the absence of a de- velopment permit, only buildings dating back to before 1967 could ap- ply for an extension. 1967 was cho- sen because any dwelling built after that date should possess a planning permit. Extensions to existing ODZ dwell- ings can take place in buffer zones to sites of ecological importance pro- vided that the extension respects the rural context. But while the policy drafted in October 2013 specifically prohibited any extensions in Level 1 or 2 Areas of Ecological Importance, the final draft specifies that develop- ment can still take place in such sites if it is "duly demonstrated through the necessary assessment, that the development does not compromise the site scheduling characteristics." This clause, which was absent in the original draft issued for public consultation, applies to all develop- ments foreseen in the new plan. Government exempted from policy The policy includes a number of provisions against abuse. Any build- ing permitted by the new rules that will not be used during three con- secutive years, or is not used for its permitted purposed, will be demol- ished at the owner's expense. But there are also loopholes: gov- ernment is exempt from following the rules, which means that any project of national interest, which departs from the planning policies regulating rural development, will be "assessed on its own merits". MEPA boards also have a degree of flexibility in interpreting the docu- ment, specifically in circumstances where justified variations from this document will be considered. And the document also foresees a 10% deviation from the limits set in the document. But in the case of floor space, any extension cannot exceed 15 square metres. Non farmers may apply for Agritourism While the government has given the impression that the policy is aimed at incentivising farming, ag- ritourism projects may also involve non-farmers. Developments of up to 10 brand new guest rooms and a swimming pool area on landholdings greater than 60 tumolo will be allowed in ex- isting farm buildings. Non-farmers can apply for these developments if they are part of a company or part- nership involving farmers. One significant hurdle is that these farmers or companies must own 60 tumolo of contiguous land, a meas- ure intended at limiting the mush- rooming of new agritourism devel- opments to a few sites. Presently only 111 farmers such land parcels of 67,000 square metres of land, which will render them au- tomatically eligible for the develop- ment of agritourism development. 32% of them hail from Gozo. Although limited to a 400 square metre floor space, the scale of devel- opment may be larger, as developers may seek to incorporate other fa- cilities like boutique wineries, horse riding establishments and stables, zoos, swimming pools, olive oil pro- duction, bee keeping facilities, farm shops and other developments per- mitted in the policy, all located in the same area. This could lead to developments of over 1,000 square metres right in the middle of the countryside. Significantly, agritourism develop- ments will not only be allowed in buffer zones to sites of ecological importance. But even in Level 1 or Level 2 sites, if it can be "duly dem- onstrated through the necessary as- sessment, that the development does not compromise the site scheduling characteristics." When applying for agritourism applicants will be required to sign a public deed, tying the agritourism project with the operation of the farming enterprise, so that the ag- ritourism accommodation and the farming enterprise are not sold or transferred separately. jdebono@mediatoday.com.mt Animal circuses banned, but ODZ zoos allowed While the Labour government has its own animal rights secretariat and has also banned animal circuses, its new planning policy allows the operation of zoos. Permits may be granted for the erection of enclosures with adequate fencing for animals, intended for "research, educational, sport, leisure and exhibition purposes" other than animal sanctuaries, stables or horse riding. Conditions include that the proposal must include measures meant to eliminate any possible ill treatment to the animals within the enclosure and that the proposed animal enclosures are to be of a high quality rural design. Such developments may even be considered in Level 1 or 2 Area of Ecological Importance if it is demonstrated through the necessary assessment that the development does not compromise the site scheduling characteristics. Proper access and parking can be provided if these do not have a significant impact on the site and its environment. Enclosures have to be constructed of lightweight and visually permeable materials and shall not exceed the minimum size required to ensure the safety and protection of the animals. Also allowed • Rural ODZ policy • A basement under farmhouses completely below ground level provided it does not extend beyond the footprint of the building and is accessible internally. • Total redevelopment of farmhouses and change of use of an existing building, located outside development • In such cases, applicants need proof it was built before 1978- something originally not included in the October draft • Where no legally established boundary walls exist around the building to be redeveloped, MEPA may allow the construction of imitation rubble walls. Illegal extensions to buildings outside development zones erected before 1994 may be regularised thanks to a new policy regulating rural and ODZ development, says JAMES DEBONO PHOTOGRAPHY BY RAY ATTARD Environment Minister Leo Brincat and Planning Parliamentary Secretary Michael Falzon (first and second from left, front) at the launch of the new policy on ODZ and rural developments