Issue link: https://maltatoday.uberflip.com/i/809226
maltatoday, SUNDAY, 9 APRIL 2017 8 News Ombudsman wants legal after MaltaToday probe ODZ permits already up JAMES DEBONO THE planning ombudsman Da- vid Pace is calling for a reform of planning structures, on the back of a MaltaToday probe that re- vealed that the Environment and Resources Authority has been overruled by the Planning Au- thority in 69% of cases concerning planning applications outside de- velopment zones (ODZ). At present, the PA's decision- making boards can ignore the ERA's objections and still issue a permit. But Pace is proposing changes to legislation to ensure that applica- tions that are objected to by ERA, are not approved by the PA unless the grounds for these objections are effectively addressed and the necessary amendments are made to the proposed project. In the annual report, presented by the Office of the Ombudsman, Pace decreed the current state of affairs as one "which does not positively reflect on the ERA's stature." He also argued that "the depic- tion of ERA as toothless is not far from the truth." Pace said it was useless to justify the current state of affairs by re- ferring to the right of appeal given to the ERA against PA decisions. "Statistics show how impossible it would be for the ERA to file ap- peals in every case." Last month, environment min- ister José Herrera also announced he had set up an ad hoc board in the wake of the MaltaToday probe last December, to investigate the high percentage of cases in which ODZ applications had been ap- proved by the Planning Authority, despite objections by ERA. Herrera told MaltaToday that he had been "alarmed" by the find- ings, and had immediately sought the agreement of both authorities YANNICK PACE THE number of Outside Development Zone (ODZ) permits granted by the Planning Author- ity (PA) so far this year is 74% greater than the number awarded in the same period last year. Between the 1 January and 4 April 2017, 269 permits were granted within Outside Develop- ment Zones, compared to 154 approved in the first three months of 2016. In the first quarter of 2016, the PA decided 320 planning applications in ODZ areas, while this year there have been 429 decisions so far. This in- crease could be attributed to the fact that general elections are drawing nearer, but it is also clear that since 2011 the number of positive decisions on ODZ applications has been steadily increasing. Whereas between January and April of 2016, 48.1% of applications were approved, during the same period this year this has shot up to 62.7% approvals – meaning that more than half of ODZ decisions were to grant permission. In comments to MaltaToday last month, biolo- gist and Environment and Resources Authority board member Alan Deidun said that there has always been a trend in Malta where the number of ODZ permits granted, increases significantly in the year before an election. "I expect it to be higher this year [2017], both because of the election and because applicants have become accustomed to the revised ODZ guidelines," he said. On more recent trends, Deidun said that while he could not point to any concrete data, his atten- tion had lately been drawn to a number of devel- opments on ODZ land, many of which seem to be larger than usual. "Anecdotally it seems that bolder applications are being approved, both in terms of the size and scale of the developments," he said, reiterating that the revised policy guidelines issued in 2014 were more "permissive". Architect and government policy advisor on planning laws and reform Robert Musumeci, who last month was reported by this newspaper to have had the greatest number of ODZ permits granted in his name, said he has not noticed any difference in the way ODZ permits were being granted. "There is definitely no difference in the attitude of the commission. It would be worrying if there was," he said, adding that to his knowledge, the commission had always acted "within the limits of discretion conferred to it by law, specifically Article 72 of Chapter 522 of the Laws of Malta." Operational Programme I – European Structural and Investment Funds 2014-2020 "Fostering a competitive and sustainable economy to meet our challenges" Advert part-financed by the European Regional Development Fund Co-financing rate: Public Eligible (80% European Union; 20% National Funds) ANNOUNCEMENT – 7 th April 2017 Business Enhance ERDF Grant Schemes Open Rolling Calls – Cut-off dates Operational Programme I – Cohesion Policy 2014-2020 Fostering a competitive and sustainable economy to meet our challenges The Measures and Support Division within the Ministry for European Affairs and Implementation of the Electoral Manifesto, designated by the Managing Authority for Cohesion Policy 2014-2020 as the Intermediate Body responsible for administering aid schemes for enterprises under the European Regional Development Fund (ERDF) 2014 – 2020 would like to announce further cut-off dates for 2017 for submission of applications under the four identified grant schemes, following the next cut-off date being 28th April 2017. The cut-off dates are set at noon of the dates listed in the table below: SME Diversification and Innovation Grant Scheme SME Internationalisation Grant Scheme SME Consultancy Services Grant Scheme e-Commerce Grant Scheme 31st May 31st May 30th June 30th June 30th June 31st July 31st July 31st July 31st August 31st August 31st August 29th September 29th September 31st October 31st October 31st October 31st October 30th November 30th November 29th December 29th December 29th December Information sessions will be organised for prospective applicants periodically. Dates and venues will be notified accordingly. Further information on these calls including the respective Guidance Notes and the Guidelines for Implementation, as well as on the information sessions may be obtained from https://businessenhance.gov.mt. Commissioner for Environment and Planning David Pace proposes legal changes to strengthen toothless Environment and Resources Authority ODZ PERMITS 1 Jan - 5 Apr PLANNING AUTHORITY David Pace: legal changes needed