MEPA Watch | Sunday, 29 March 2009

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Robert Musumeci Robert Musumeci insists that planning decisions should be driven by positive architectural design solutions. He agrees with DCC’s decision to approve an old people’s home which partly lies in an ODZ

Case Details
This week, MEPA had to decide whether it should give the go ahead for the construction of an old people’s home in Gudja. The site area, where the development is being proposed, is equivalent to 3000 square metres and lies, in part, outside the development zone (ODZ). The proposal consists of a chapel, clinic and a number of residences.
A portion of the site in question lies within a Category 1 Rural Settlement where construction is permitted up to two floors. Nonetheless, the remaining extents of the site lies outside the development zone.
In the past, a number of planning applications to construct individual residences have been submitted in the immediate vicinity of the said site, all of which have been refused.

Case Officer’s comments
The case officer, in his arguments, stated that Structure Plan Policy RCO2 was not being abided to. This policy states that no form of urban development should be permitted within Rural Conservation Areas. The officer underlined that the site in question falls within a Rural Conservation Area. Due to the fact that an old people’s home cannot be classified as a structure or a facility which is deemed to enhance agricultural, ecological, or scenic interests, he could not recommend to the Board that there is a sufficient justification to build the old people’s home in an area which is Outside Development Zone.
In his report, the officer made discrete reference to the fact that the Local Plan has designated the site which falls outside the development boundary as a Strategic Open Space Gap. Local Plan Policy SMCO 10 militates against any urban development between the settlements of Ghaxaq and Gudja, Fgura and Zabbar, Ghaxaq and Zejtun as well as Safi and Zurrieq.
DCC’s decision
The DCC approved the request, despite the strong reservations made by the Planning Directorate. In order to justify their approval, the Board members stated that the greater part (contrary to what was reported) of the development falls within the settlement boundary. The Board also noted that the area which was to be built outside the development zone was in effect compensated by open gaps within that part of the site corresponding to the category 1 settlement.

Robert Musumeci’s observations
When the Structure Plan was enacted back in 1991, it was highlighted that the rise in the Maltese population who will be over 65 years of age by the year 2010 would constitute a major social issue. Although the Structure Plan did not anticipate that there would eventually be significant requirements for new facilities outside existing and planned built-up areas, old people’s home have been approved in areas which are not exactly within the scheme of development.
In 2001, an application was submitted by the Hon. Antoine Mifsud Bonnici, in his capacity as Parliamentary Secretary for the Elderly, to construct an elderly home in Mellieha within an outside development zone. The permit was still issued amidst several objections, and despite the fact that the selected location in Mellieha lies close to a sensitive area at the head of the ecologically important valley of Gnien Ingraw.
In the case which was decided this week, the Directorate took a much more stringent approach, insisting that the submitted plans showed a large portion of the built-up area outside the limits of the settlement (that is within the ODZ portion), and hence recommended its rejection.
To their credit, the DCC were more concerned on the visual aspect of the development. Although the proposed design footprint sprawled beyond the limits of the development, it was clear that the project would be more visually pleasing if it allows for a fragmented approach spreading beyond the settlement zone, rather than allowing a massive chunk of building limited within the designated zone for development in order to abide with the rules.
Planning decisions should be mainly driven by positive architectural design solutions, rather than having to adhere strictly to quantitative guidelines, which many a time stifle one’s creativity. Planning decision makers should strive to put visual aspects before any other planning considerations.
The DCC should be lauded for this decision!

Robert Musumeci is an architect. His main area of practice focuses on MEPA development applications.

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