I refer to article entitled “Local plan for guidance only” by Steve McGlynn in reaction to my weekly contribution on MaltaToday. In his contribution, Mr McGlynn concluded that the Local Plan is to be considered as a pre-eminent piece of guidance, purporting further that decision bodies may opt to ignore such guidance according to the contextual circumstances as one may arbitrarily deem necessary.
It evidently appears that Mr McGlynn is certainly not aware of the legal context governing Local Plan. Mr McGlynn is certainly unaware of the following legal considerations.
1. Article 27(2) of the Development Planning Act (2001) required the Authority to seek final approval of Local Plans from the Minister responsible for Development Planning, which it did in 2006. These Plans were designed to stay in force for a minimum period of two years following such approval, prior to which no material changes could take place.
2. There is no reason to doubt that these Local Plans were prepared in line with Structure Plan POLICY SET 6 which states that Local Plans were to be prepared for all existing built-up areas with the objective of substantially improving the environmental quality of such areas and providing for all suitable uses after being subject to environmental impact analyses. Hence citizens, not least investors, have been led to assume that the stipulated building heights in Local Plans were derived further to the undertaking of an environmental impact analyses, without the fear that such provisions were to change before the lapse of the two year period from the approval of the Plans.
3. It is also legally acknowledged that Local Plans automatically supersede all previously approved policies, plans and other planning instruments which are in conflict with the Local Plan.
4. Furthermore, it is also legally underlined that as a result of the Local Plan, all development applications must be assessed in the light of the permitted height for a site in question, and not in relation to other commitments (use or height) in the vicinity, unless this is specified by the Local Plan itself.
5. As such, the discretion of the decision making bodies is to be applied in relation the interpretation of the policies contained in the Local Plans and it therefore follows that it is unlawful for decision bodies to depart from such policies. In other words, decision bodies are legally bound to refer to the stipulated building heights in Local Plans prior to taking any decision.
6. The supporting document The Local Plans Interpretation document which was approved by MEPA itself on 24/04/07 to enable better interpretation of the contents of the approved Local Plans clearly stipulates that development proposals should strictly adhere to the number of floors stipulated in an approved local plan. (see 2.2 Interpretation of Building) Therefore, unless the local plan’s policy or its interpretation specifically indicates otherwise, one cannot take a decision which runs counter to the height provisions contained in the Local Plan.
It is therefore clear that any suggestions to the effect that Local Plans should be used as an arbitrary tool for mere guidance, leaving decision bodies with a free hand to undertake changes as one may deem fit, deceive the entire scope underpinning these Plans. Amongst their core objectives, Local Plans were specifically devised to save applicants from uncertainties during the planning process. These Plans were designed to stay in force for a minimum period of two years following their approval, prior to which no material changes could legally take place unless a revision is specifically necessitated by a review of the Structure Plan, as required by Article 28(1) of the same Act.

Robert Musumeci
Siggiewi

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