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maltatoday, WEDNESDAY, 15 FEBRUARY 2017 News 6 How Labour's policies paved way An application involving a Nationalist MP exposed by Labour weekly Kullhadd has thrown light on the dangers posed by loopholes in the rural policy guidelines approved in 2014 JAMES DEBONO THE application withdrawn by Na- tionalist MP and spokesperson for agriculture Toni Bezzina consisted of a substantial extension of three existing roofless rooms in an area of high landscape value in the vicin- ity of Mdina. While jarring with his party's stand on ODZ, Bezzina's applica- tion was made possible by the ru- ral development policies which the current Labour administration in- troduced in 2014. The application was presented in the name of Bezzina's wife while the Nationalist MP represented her in his professional role as architect. Had the application been ap- proved it would have resulted in a one storey dwelling and a basement over a footprint of nearly 130m2. Plans submitted to the Planning Authority include three bedrooms, a kitchen, dining and living areas and a washroom over a basement which included a 112 m2 garage, a domestic store and a small wine cellar. While presenting plans which clearly indicate a new dwelling, the application was presented as one foreseeing the "rehabilitation and restoration of existing almond grove and World War II living quarters and observation room and a proposed pool and new access." As noted by Din l-Art Helwa in its objection to the application; this description of the proposed devel- opment is misleading "as it does not mention the construction of a new dwelling". In its objection to the application the Environment and Resources Authority also referred to the for- mation of a hard-surfaced access path, which "will result in the for- malisation of the entire site". Bezzina's application-which was public and was already being screened by the PA and other bod- ies like ERA- jarred with his own party's increasingly pro-environ- ment stance especially in view of his role in drafting the PN's new policy on the environment. Ironically Bezzina argues that the "application is in line with existing policies"-the same policies which the new Labour government ap- proved in 2014. Ironically by depicting Bezzina's application as a national scandal, the Labour media has unknowingly thrown the spotlight on the polices which allow the construction of villas in the countryside, including a number presented by architects known for their allegiance to the government including Labour MP Charles Buhagiar and government advisor on planning and lands re- form Robert Musumeci. How 2014 policy makes ODZ villas possible The Rural Development Guide- lines issued in 2014 include a clause (Policy 6.2.A) which specifically al- lows the "rehabilitation and change of use of architectural historical or vernacular interest" allowing their transformation in to dwellings. This explains why Bezzina de- scribed the roofless structures as "world war II living quarters." The policy specifically allows the construction of a dwelling (even if the former use was not residential), provided the existing building to be converted has a minimum area 100m2. It is not clear whether the three dilapidated rooms together occupy that area. Bezzina also presented aerial photos dating to 1967 to show the extent of the build up area in the past. The policy distinguishes between historical or vernacular structures and ordinary rural structures whose owners have to prove past residential use in order to apply for redevelopment according to the terms of Policy 6.2.C. But while in these cases the origi- nal building can be demolished, under Policy 6.2.A, the original structures must be retained and restored. Moreover the policy does not rule out an extension of these buildings provided that this "does not involve substantial lateral or vertical exten- sions and/or substantial re-build- ing." Curiously, the demolition and complete redevelopment of 'ruins' was specifically excluded in the first draft policy regulating rural and ODZ developments issued for pub- lic consultation in October 2013. The policy defined as a ruin any dilapidated structure "which had lost the majority of its supporting walls or roofs". But this important clause was excluded in the final policy approved by the government a year later. By defining any structure build before 1978 as being legal, the pol- icy effectively turned the ruins of buildings dating that date as eligi- ble for redevelopment according to the terms of the policy. This means that any dwelling approved under this policy is also eligible for a basement. How policy is changing Malta Over the past years MaltaToday has documented various cases Bezzina 'not hiding' when he used wife's name MP who used wife's name to get ODZ villa permit 'was not hiding', PN leader says PAUL COCKS NATIONALIST MP Toni Bezzina was not try- ing to hide his plans to develop a three-bedroom villa in an outside-development area (ODZ) when he filed the permit application using his wife's name, according to opposition leader Si- mon Busuttil. Questioned by MaltaToday why Bezzina would need to use his wife's name for the application, Busuttil insisted that the MP did nothing "illegal or irregular". Busuttil, whose party recently launched an en- vironment policy which Bezzina co-authored, however admitted that the application raised questions on whether it was acceptable that a member of his shadow cabinet seek a permit for ODZ construction. "Bezzina's application was not illegal or irregu- lar and he was not tying to hide it," Busuttil said. "But he decided to withdraw the application be- cause he was not prepared to let the Labour gov- ernment use the case to attack the opposition." Pressed over the fact that the PN had taken parliamentary secretary Ian Borg to task after it emerged that a planning permission had not been filed under his name, Busuttil insisted that the case was different. He went on to add that the PN had protested against the irregularities in Borg's application, filed in his father's name. "In this case, Bezzina did nothing irregular or illegal, but still decided to withdraw the applica- tion so as not to become Labour's latest victim," the PN leader added. Busuttil, who yesterday morning visited Om- budsman Anthony Mifsud, also called on the new director of the Financial Intelligence Analy- sis Unit to publish the conclusions of the agen- cy's investigation into OPM chief of staff Keith Schembri and minister Konrad Mizzi, who both held offshore accounts in Panama. The PL newspaper Kullhadd reported that Bezzina had filed an application with the Plan- ning Authority to build a three-bedroom villa complete with a swimming pool at a site at Triq il-Belt Valletta in Rabat. The application, sub- mitted by his wife Josette Bezzina last Novem- ber, proposed the "rehabilitation and restoration of an existing almond grove and World War II living quarters and an observation room" into a three-bedroom villa with pool. In addition to being ODZ land, the area is also scheduled as RC01, meaning it is an area of high landscape value. In the rural policy and design guidance document, published by the Labour government in 2014, permission was granted for the "rehabilitation of existing buildings located outside development zones", provided that a number of conditions are met. Front Harsien ODZ calls for restrictive rural development rules MIRIAM DALLI FRONT Harsien ODZ has called for the withdrawal of rural development guidelines, which open the floodgates for development in outside develop- ment zone areas. The new rural development policy has already led to controversial devel- opment of villas and agricultural stores in the ODZ. Effectively these new poli- cies have given new value to derelict structures in the ODZ. On Sunday, the Labour media re- vealed how PN MP Toni Bezzina had applied to develop a three-bedroom house, complete with a swimming pool, in an ODZ area through an application submitted to restore dwellings. Bezzina has since withdrawn the application. Front Harsien has welcomed how both the Labour and Nationalist, through their media statements, ap- pear to be against ODZ applications for new dwellings in rural areas. It described Bezzina's application – which would have extended three roofless rooms to accommodate a com- pletely new dwelling, a drive-in and a swimming pool – as "unacceptable". However, Front Harsien ODZ warned that a number of similar applica- tions involving the reconstruction of countryside ruins have already been approved by the Planning Authority, thanks to the rural development guide- lines approved in 2014. "These guidelines facilitate ODZ de- velopment which could have a terrible cumulative impact on Malta's country- side. Given the recent statements by the two major political parties, we expect the government to ask the Planning Authority to replace the guidelines ap- proved in 2014 with a more restrictive policy." Front Harsien ODZ called for a clear ban on the reconstruction of country- side ruins to create new dwellings and for the repeal of policy 6.2.A. which permits the redevelopment of build- ings with a historical or vernacular interest as dwellings and 6.2.C which permits the reconstruction of any building which existed prior to 1978. "Rather than simply exposing such cases when it suits partisan interests as was the case with One TV, which is usually non-critical on ODZ devel- opment such as the Zonqor proposal, political parties are expected to make sure that policies do not pave the way for more construction in the country- side." Front Harsien ODZ also called on all MPs on both sides, both as owners and in their professional role as architects not to exploit loopholes in existing policies to accommodate unsustain- able ODZ developments. Front Harsien ODZ has consistently objected to all unsustainable ODZ pro- posals in this regard. MP Toni Bezzina (L) withdrew application to build an ODZ villa