Issue link: https://maltatoday.uberflip.com/i/800760
maltatoday, SUNDAY, 19 MARCH 2017 8 News JAMES DEBONO AN agritourism development lo- cated outside development zones in Ta' Mazza in Zabbar, was approved by the Planning Authority board back in September 2016 despite be- ing in breach of both the local plan and even the rural policy guidelines for agritourism. The Mulberries is a 19-room tourist accommodation which was approved despite being clearly in breach of local plan policies forbid- ding any take up of "fresh land". And while the rural policy states that new land can only be used if the proponent is a registered farmer and forms part of a registered part- nership with local farmers, no such requirement was imposed in this case. Asked why this requirement was not imposed as requested by the Planning Directorate, a PA spokes- person simply referred to another condition binding the owner to use the building only for agritourism purposes. According to the agreement signed by the PA, the Malta Tour- ism Authority and the applicant in January, the new building can only be used for agritourism – under pain of demolition if this is not the case. The project – accessed from Wied ta' Mazza road on the Marsaskala bypass – consists of a 910 square metre extension to an existing 210 sq.m farmhouse dedicated to tour- ism accommodation. The proposal includes basement, and ground and first floor levels. The project was proposed by ar- chitect Aaron Abela, who specialis- es in the conservation and rehabili- tation of historical buildings. While the planning directorate's case officer recommended the Zabbar project for approval, it was explicitly confirmed in the same report that the development would take place in a category 3 rural set- tlement, where no development can take place beyond the existing foot- print. The local plan policy indeed per- mits the use of land for tourist ac- commodation in rural hamlets (policy SMESE 07 and 08) but does not allow the take-up of fresh land – which in this case extends the foot- print from 210 sq.m to 910 sq.m. So the case was referred to the planning directorate's advisory team, which on its part concluded that: "the benefits to the tourism and agriculture sectors need to be taken into account when assessing the application in relation to the Category 3 rural settlement policies which do not allow the take-up of fresh land". Ultimately the case officer rec- ommended approval because the development was considered posi- tively by the Malta Tourism author- ity, and because the proposed devel- opment "integrates well in the area". Farming partnership 'suicidal' While the Strategic Plan for the Environment and Development generically favours projects that facilitate recreational facilities "which enhance the public's rural experience", the 2014 rural policy guidelines on agritourism only per- mit these projects for farmers or members of a farmer entrepreneur partnership company registered with the MFSA. In this instance, the case officer pointed out that Abela was not a farmer so "the agro-tourism policy does not apply in this case". Instead, it was said that the pro- ject promoted Maltese culture and tradition in line with MTA poli- cies and that it would "broaden the Maltese tourism product and will create a new destination for a very particular niche of tourism". And yet when the case was taken for a decision by the Planning Au- thority board, the case officer still insisted that the applicant should enter into a legally-binding farmer- entrepreneur partnership, to en- sure that the agritourism project would form part of an established and continuing agricultural enter- prise. Architect Abela disagreed – and said his project was "a very specific project which should be assessed on its own merits" because it had been formulated in 2007 when the Rural Policy and Design Guidance had not yet been in effect. He said merging the project with a third-party farm operation was suicidal, claiming it would prevent him from securing the necessary bank guarantees. "As business strat- egy this is a suicide before starting, and to be honest after nearly eight years struggling to get a permit, we cannot commit to the said request." Abela insisted he would attract various farming establishments to work with the project, and said he would sign an undertaking stating that the premises shall always be linked to the agricultural activity carried out on site. He also said he would commit the operation to the production and marketing of "bio-products and jarred foods" – the plans already in- clude a kitchen as the main produc- tion area with a farmer's shop to sell these products. All PA board members voted for the project, including political party representatives Ryan Callus and Joe Sammut, PA chairperson Vince Cassar and ERA chairman Victor Axiak. The Mulberries is set to become the first agritourism establishment approved since the approval of the rural policy in 2014. Five applica- tions, two in Gozo and three in Malta, none of which has been ap- proved yet, are presently being as- sessed under the terms of the rural development policy guidelines ap- proved in 2014. According to these guidelines owners of agricultural land are allowed to construct up to 10 rooms over 400 square metres of floor space. Such a development may only take place on sites oc- cupying 60 tumoli (67,000 square metres). jdebono@mediatoday.com.mt Zabbar agritourism breached local plan but still got permit Agritourism policy yardstick not applied since owner is not a farmer, but was approved despite being in breach of the local plan due to beneficial tourism impact