Issue link: https://maltatoday.uberflip.com/i/782193
maltatoday, SUNDAY, 5 FEBRUARY 2017 News 13 Paradise Bay fines dropped over 'incorrect' enforcement JAMES DEBONO THE Planning Authority has still not approved a policy revision proposed last year to close loop- holes for abusive applications for stables, and has continued issu- ing permits according to present rules. A year ago the Planning Au- thority announced a review of the policy governing horse stables and horse riding facilities and es- tablishments, after the Rural Pol- icy Guidelines approved in 2014 made it easier to build stables in the countryside. The PA had proposed that each individual stable is separated by a two-metre gap from the neigh- bouring stable to tighten up the policy against any possible abuses in the conversion of horse stables into dwellings. The changes were meant to cur- tail abuse and mitigate the adverse visual impact that these structures can create within their environ- ment. The PA also wanted to eliminate a provision that allows the conver- sion of existing buildings with ar- chitectural, historical or vernacu- lar significance in rural areas, into stables or horse-riding facilities. Basements beneath stables and such facilities allowed by the pre- sent policy, would be eliminated. But a year later stables are still being approved through devel- opment guidelines, which do not contain these safeguards. A spokesperson for the author- ity confirmed that the policy re- view has not been finalized and therefore has not been referred to the minister for approval. "In the meantime applications which concern stables and horse riding facilities are being assessed in ac- cordance with the Rural Policy and Design Guidance, 2014 to- gether with the objectives set out in the Strategic Plan for Environ- ment and Development (SPED)". In 2016, the PA approved a total of 22 developments related to sta- bles. Of these seven consisted of entirely new developments, three in Zebbug, and others in Ghaxaq, Dingli, Luqa and Iklin. Other ap- plications consisted in the regu- larization of illegally developed stables, alterations and amend- ments to previous permits. None of the approved applica- tions included the two-metre gap between each stable proposed in the current policy revision. The Environment and Resourc- es Authority had objected to all seven applications for new stables approved in 2016. The applica- tions, some of them for more than one stable, include the approval of four stables in an area of ecologi- cal importance in Has Saptan, four new stables in an Area of High Landscape Value in Luqa and six contiguous stables on 160 square metres of land in Dingli and Iklin. Major illegality sanctioned The policy also paved the way for the sanctioning of illegal sta- bles – sometimes even beyond the limits set by the policy itself. One major illegality related to 11 sta- bles in Tal-Hlas in Qormi. A pre- vious application to sanction the stables had been refused in May 2010. The illegality dates back to the 1980s. The 11 stables are located on a 970 square metre site. The exist- ing structures cover a footprint of 530 square metres. While some of the illegal development will be removed, the area earmarked for stables and storage amounts to 331 square metres. This results in a total floor space of 47.3 sqm per stable when present policies specify that each stable should not be larger than 25 sqm. Both the Agricultural Advisory Committee and the Environment and Resources Authority had ob- jected to the regularisation of the stables but as often happens, their advice was discarded. How a stable can be approved in the middle of the countryside Stables can be constructed in most ODZ locations, including buffer zones to Areas of Ecologi- cal Importance and Areas of High Landscape Value. They may be even allowed in Level 1 and Level 2 sites if these do not compromise the site's characteristics. Any new stable must be located at a distance of not less than 100 metres from the development zone boundary. According to present rules new stables cannot exceed a height of 3.5 metres above ground level and a total floor space of 25 square metres per stable, including ancil- lary facilities and storage space. To eliminate abuse the first draft rural development guidelines pro- posed in 2013 had proposed that new stables should be built entire- ly in timber. But this was changed in the ap- proved policy, which permits the development of stables in stone clad in natural timber to up to five courses high. The rest of the height has to be developed in tim- ber. The stables shall fully respect the wider context in which they are located. A full basement may be permit- ted, provided it does not extend beyond the ground floor. The basement does not count as part of the allowable total floor area. An abuse-prone system allows horse stables to turn into private dwellings JAMES DEBONO THE Planning Authority's appeals board – the environment and planning review tribunal (EPRT) – has annulled an enforcement notice for illegal development in Paradise Bay, simply because the enforcement notice was issued against Charles Micallef person- ally and not against the company of which he is a majority share- holder. The lifting of the enforcement order means that the owners will now no longer have to pay the dai- ly fines which have been accruing since 2014. The EPRT concluded that the land in question was rented by the Lands Department to DIKK Limited, and that Micallef was "a major shareholder" but conclud- ed that the PA should have been aware the site was not being occu- pied by Micallef personally, but by his company. On its part, the PA defended its decision to issue the enforcement order against Micallef, insist- ing that when inspecting the site they were told by Micallef's sons that the owner was their father. Moreover, all previous planning applications in the area had been presented under Micallef's name. In March 2014, the owners of the Paradise Bay restaurant were served with an enforcement order against the construction of an il- legal canopy covering the restau- rant's terrace, the construction of a room being used as a kitchen, the creation of concrete paved areas used for placing of sunbeds and umbrellas, the levelling of pathways and the development of cladded boundary walls between sand level and concrete area. The property is still subject to previous enforcement orders against other illegalities issued in 2009 and 1993. An application to regularise vari- ous illegalities in the Paradise Bay lido was presented last year. The regularization includes a propos- al to paint the complex in more "muted colours" and for a new lounge area on the roof of the ex- isting development. Stables are still being approved through development guidelines, which do not contain a safeguard to prevent them from turning into dwellings