Issue link: https://maltatoday.uberflip.com/i/791658
maltatoday, SUNDAY, 26 FEBRUARY 2017 10 News JAMES DEBONO THE Planning Authority's rural policy guidelines, which deems any pre-1978 building as being le- gal, is being invoked by a PA case officer recommending the ap- proval of an application to recon- struct a boathouse in San Tumas in Marsaskala. Only last week MaltaToday re- vealed that the PA had regular- ised a similar structure in Bahar ic-Caghaq, citing the same clause in its Rural Development Design Guidelines, which include a pro- vision for the regularisation of all pre-1978 buildings located outside the development zone (ODZ). A spokesperson for the PA con- firmed that the policy applies to any building located ODZ, in- cluding coastal structures, but specified that "other policies and material considerations" will be taken into consideration when as- sessing these applications. In this case the case officer also refers to a policy in the 2006 lo- cal plan which foresees an "action plan" to regularize beach rooms in the area. But no such action plan has ever seen the light of day. Moreover in 2011, the case of- ficer assessing applications pre- sented by 20 other boathouse owners who applied to regularise boathouses located on the other side of the bay, had recommend- ed the refusal of these applica- tions despite forming part of the same area designated for "coastal recreation" in the local plan. In this case, the case officer in- sists that since the local plan only forbids the erection of new boat- houses and the extension of old ones until the new action plan is approved, the reconstruction of old boathouses can be permitted on the basis of the 2014 rural pol- icy which allows the reconstruc- tion of all pre-1978 buildings. Back in 1993 the PA had refused a permit for several applications to sanction boathouses in the im- mediate vicinity of the one now earmarked for reconstruction. But sources at the PA have ex- pressed concern that the approval of this application could set a precedent for the regularisation of all boathouses in the San Tu- mas shanty town. All they will have to do is to apply to rebuild the old structures. The application presented in September last year proposes the demolition of the existing boat- house and its reconstruction with concrete. The proposed boat- house will consist of a 25 sq.m structure with an 11 sq.m terrace. The case officer concludes that the permit satisfies the require- ments of the rural guideliens because its original use is being retained, and the proposed re- placement respects the floor area of the previous building. But the Environment and Re- sources Authority (ERA) has ob- jected, insisting that the legality of the structure is dubious in view of the smaller footprint shown on the 1968 survey sheet. Moreover according to the ERA the devel- opment in question together with similar neighbouring develop- ment, which is also of dubious legality, has resulted in the take up of ODZ land and "their shanty appearance is spoiling the coastal character of the foreshore." The ERA insists that the ap- proval of this development would "create a precedent for the sanc- tioning of other boathouses and structures." Unlike boathouses in Armier, those located in Marsaskala are located on private land. Villa grows at edge of boathouse village The rural policy is not only being invoked to sanction small boat- houses which date back to before 1978 but has resulted in the trans- formation of an old farmhouse at the edge of the boathouse village into a villa with pool. This is because back in Decem- ber 2015 the Planning Authority issued a permit to Gilbert Pace envisioning the construction of a swimming pool, deck area and a rubble wall around an existing farmhouse. A permit issued in 2008 had al- ready envisioned the transforma- tion of the original structure to a single dwelling unit with an area of 142 sq.m at ground floor level and 55 sq.m at first floor level. Subsequently in 2012 the PA re- fused an application envisioning the construction of a swimming pool, deck area and rubble wall and to sanction an illegally devel- oped 167 sq.m basement and sev- eral alterations made to the build- ing as approved in 2008. The underlying 167 sq.m base- ment extends beyond the farm- house's built-up footprint, by 25 sq.m. Moreover the application was deemed unacceptable because previous policies prohibited the rebuilding of large sections of walls of rural buildings to avoid their transformation into new ones. Documents presented to the PA showed that part of the original walls were dismantled without a permit. But in December 2015 under the new policy regime approved in 2014, the PA approved the ille- gally constructed basement level. The basement was approved on condition that it is used as a cess- pit and reservoir. The rural policy was invoked to allow the construction of a boundary wall around the prop- erty and the new pool deck. Now the same owner has ap- plied again to increase the site boundary by extending the area enclosed by the rubble wall, to shift the location of the cesspit and the reservoir and to create a new access and to construct a tank and pump room under the pool deck. The Environment and Resourc- es Authority has objected to the application, expressing its frus- tration at "repetitive piecemeal development" resulting in the further formalization of this rural area. Nightclub also seeking sanctioning The ERA is also objecting to an application to sanction the addi- tions made to the Zion bar, in- cluding a "chill-out" area at the back of the property. The ERA noted that the "proposed exten- sion towards the western part of the site could set a precedent for future similar developments. Noting the presence of illegal beach rooms in the area, the au- thority insisted that cumulatively these developments have resulted in a significant take up of unde- veloped rural land. jdebono@mediatoday.com.mt x S I T U A T I O N V A C A N T ACCOUNTANT The Regulator for Energy and W ater Services is seeking to recruit an Accountant. The selected candidate must be a graduate with a First Degree in Accountancy (Hons) or an equivalent professional qualification, and be proficient in the use of widely available software packages. Interested persons are requested to send their application, together with a detailed CV, by not later than noon of Tuesday, 7th March 2017. Further details with regards to this post may be obtained from the office of the Chief Executive Officer on telephone number 22955121 or on request by email at: ceo@rews.org.mt or from the Regulator's website. Applications marked Private and Confidential, are to be addressed to the Chief Executive Officer, Regulator for Energy and W ater Services, Millennia, 2 nd Floor, Aldo Moro Street, Marsa, MRS 9065, or by e-mail to ceo@rews.org.mt. All applications shall be acknowledged and treated in the strictest confidence. Millennia, Aldo Moro Road, Marsa, MRS 9065. Tel.: 22955121; Fax.: 22955200 http://www.rews.org.mt JOBPLUS PERMIT No.: 97/2017 The Planning Authority's rural policy guidelines are being invoked to rebuild boathouses at San Tumas, and a new villa rises at the edge of the boathouse shantytown The villa with pool is planned to be built at the edge of the boathouse village Approval recommended for application to reconstruct this San Tumas boathouse 'Wild West of the south'