MEPA Watch | Sunday, 30 August 2009

PRINT THIS ARTICLE

Robert Musumeci’s observations on the proposed MEPA reform – part 8

Highlights
One of the main criticisms leveled at MEPA is often associated with the duration of the application process. Under the current legislation, the DCC is bound by law to decide on any application, which lies within the development zone (as indicated in a Local Plan) within 12 weeks of the validation of the application. In all other cases, the DCC is legally bound to take a decision within 26 weeks after the application has been validated. At present, once a development application is vetted and validated, it is immediately transmitted to a team manager and regulated by a ‘chess clock’ system, implying that when external consultations are required with public entities for that particular application the clock is halted and the original target date by which the decision should have been taken is extended by 30 days. If no reply is forthcoming within this same stipulated period, the case officer assumes that there is no objection from that end and the chess clock is reactivated. On a parallel note, each time the case officer communicates with the architect requesting further information, the chess clock is halted until a reply from the architect reaches MEPA.
It is acknowledged that a considerable number of applications within the development zone are processed within the legal time frame – yet, in reality, many other applications are decided way after the legal established target date.
Against this background, the recommendations highlighted in the reform framework may be summed up as follows:
• Removal of the chess clock system and the establishment of a new policy by which MEPA would communicate a deadline to applicants for the processing of their application once this has been deemed validated.
• MEPA will design an initial screening process which will classify applications submitted. The Unit Manager will screen the application upon submission and classify it as either straightforward or complex: a straightforward application within scheme shall be decided within 12 weeks; a complex application within scheme shall be decided within 12 weeks with option to extend by 14 weeks; a straightforward application within outside scheme shall be decided within 26 weeks; a complex application within outside scheme shall be decided within 26 weeks with option to extend by a further 26 weeks (a total of 52 weeks). These timeframes are not applicable for major projects.
• During the initial screening process, a tracking number will be assigned to each application. The discussions carried out during this stage will be minuted, agreed to by both parties and included as supplementary documentation in the Notes to Committee accompanying the DPAR.

Robert Musumeci’s observations
The principle of having applications vetted by a team manager prior to being validated will only serve to complicate matters. The reform document is proposing that applications should be subjected to an initial screening process prior to these being validated (timeframes are calculated with respect to date of validation) – yet the same document seems unaware that the screening process is not regulated by a deadline, which implies that an application can take for ever until it is formally validated, and consequently, the time window activated. In my opinion, the current chess clock system remains the key solution to an efficient planning process – in the particular situation that all shortcomings surrounding an application are identified straight away by the case officer, and all the required information is requested straight away. In other words, the chess clock is halted only once in the whole application process, until the requested information is forthcoming. Once the target date for a decision expires, the MEPA chairman is legally bound by the current legal framework to instruct the Planning Director to process the application and draw up the application report and to refer same to the Chairman of the Board within five working days as stipulated in the current Development Act (Article 36 (5)). The DCC can then discuss the application straight away. It is therefore evident that the current legislation already contemplates an extremely efficient framework, thus hoping that Article 36(5) remains in place.
The proposed removal of the chess clock system with the creation of a new policy by which MEPA would communicate a deadline to applicants for the processing of their application after being subject to an unregulated screening process is essentially a half-baked idea.

Next week MEPAWATCH will focus on the removal of the reconsideration process.

Any comments?
If you wish your comments to be published in our Letters pages please click button below.
Please write a contact number and a postal address where you may be contacted.

All the interviews from Reporter on MaltaToday's YouTube channel.

EDITORIAL


A tragedy foretold