Issue link: https://maltatoday.uberflip.com/i/384358
maltatoday, SUNDAY, 21 SEPTEMBER 2014 8 News JAMES DEBONO THE new policy regulating rural and ODZ developments defines as "legally established" any building which is visible on aerial photo- graphs dating back up to 1978. A draft policy proposed in Octo- ber 2013 had proposed that only buildings dating back further to 1967 should be considered as le- gally established. According to a MEPA spokesper- son following the publication of the draft it was confirmed that the Authority does not have a full set of records prior to 1978. "This complete set only exists from 1978 onwards". This contrasts with guidelines found on the frequently asked questions found on MEPA's own website, which states that pre- 1967 structures "should show on the 1967 aerial photos or, in the case of Gozo, on the 1957 aerial photos". These guidelines date back to March 2011. Asked whether this policy effec- tively legalizes all pre-1978 ODZ buildings, including illegal boat- houses, the MEPA spokesperson replied that this is not the case as the new document must be seen in the context of the various policies included in it, most of which deal with a wide range of agricultural and rural developments. The MEPA spokesperson also pointed out that although "the policy does not make reference to structures built without a permit" the new policy will "regulate the planning process once a develop- ment application is submitted". This means that pre-1978 build- ings will be considered legal only when a development application is presented to regularize, convert or make extensions to these pre-1978 buildings. For example the policy allows for the conversion and rehabilitation of pre-1978 buildings into dwell- ings even if these lack a planning permit. It also allows the demoli- tion of derelict pre-1978 ODZ buildings to make way for agricul- tural structures. It also allows the extension of pre-1978 buildings which were constructed without a permit. The policy also allows the conversion of all pre-1978 buildings for agri- cultural uses like stores, boutique wineries and stables. One of the risks of the new policy is that it could be invoked to regu- larize developments erected ille- gally in the 1970s – a period when the authorities were known to turn a blind eye to illegalities even if planning permits have been a re- quirement since the 1960s. New policy defines all pre-1978 buildings as legal 'Pick and choose the best policy' Operational Programme II - Cohesion Policy 2007-2013 Empowering People for More Jobs and a Better Quality of Life The Project is part-financed by the European Union European Social Fund (ESF) Co-financing rate: 85% EU Funds; 15% National Funds Investing in your future BOOKING FOR ETC COURSES IS NOW OPEN We would like to notify the general public that we are receiving applications for courses in different areas of the labour market. Our courses are aimed at enhancing your employability prospects. The courses are open for everyone, including jobseekers and those who are already in employment. All our courses are accredited and are free of charge. 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"ƫ5+1ƫ.!ƫ.!#%/0!.%*#ƫ"+.ƫ3+.'ƫ+*ƫ.0ƫāƫ+"ƫ0$!ƫ1*!),(+5)!*0ƫ.!#%/0!.Čƫ,(!/!ƫ /,!'ƫ0+ƫ5+1.ƫ),(+5)!*0ƫ 2%/+.ċ "ƫ5+1ƫ.!ƫƫ.!#%/0!.%*#ƫ"+.ƫ3+.'Čƫ3$!0$!.ƫ5+1Ě.!ƫ%*ƫ!),(+5)!*0ƫ+.ƫ*+0Čƫ5+1ƫ may apply for these courses at one of our Job Centres or by calling on ĂĂƫĂĀāƫćĀĈĥƫćāĀċ MEPA claims that 1967 aerial photos are incomplete Rural developers can choose whether appeals are judged according to 2007 or present policy JAMES DEBONO DEVELOPERS and farmers affect- ed by the new policy regulating rural development in outside develop- ment zones are being given a choice: between having their appeals against past permit refusals judged accord- ing to policies enacted by the previ- ous government or according to the new policy launched last week. The Malta Environment and Plan- ning Authority had rejected these permits on the basis of a voluminous 223-page Agriculture, Farm Diversi- fication and Stables policy. Separate policies existed for non-agricultur- al ODZ buildings and swimming pools. These three policies have now been replaced by a 43-page Rural Policy which effectively legalises all illegal pre-1978 developments, allows more farm related developments but is more restrictive towards livestock farms set up illegally before 1992 but after 1978. The new policy includes a transi- tory provision for all applications located ODZ, which have been re- ferred to the Environment and Plan- ning Review Tribunal before the ap- proval of the new policy. These applicants shall be requested by the appeals tribunal to "indicate" the policy documents, which shall be used for the determination of the appeal. Suspended or deferred A number of cases still being as- sessed by MEPA, most of which were heading to a refusal, have also been suspended in the past months in view of the change in policy. On Tuesday the Environment and Planning Commission asked case officers to revise reports recom- mending the outright refusal of two controversial farm applications in protected areas in Qormi and Rabat in view of the approval of the new policy regulating ODZ and rural de- velopments, launched last Friday. The cases included an application submitted by architect Robert Mu- sumeci on behalf of Roderick Cuta- jar, the owner of Regina Auto Dealer Limited, which foresees the regulari- sation of illegal development exten- sions to a farm located in a Special Area of Conservation very close to the Ghar il-Kbir water gallery. The other postponed application was submitted by architect Labour MP Charles Buhagiar on behalf of Joseph Schembri, which proposes an extension of a disused cow farm and the construction of a new store. The policy also allows the demolition of derelict pre-1978 ODZ buildings to make way for agricultural structures