MEPA Watch | Sunday, 18 October 2009

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Robert Musumeci’s Robert Musumeci’s analysis of MEPA decisions

An extra floor over that permitted

An extra floor over was approved by the DCC in Birzebbugia, despite strong objections from the Planning Directorate.
In order to justify their decision, the DCC underlined that the street in question was designated as three floors by the Marsaxlokk Local Plan, except for the block where the site tied to this application was located. In the circumstances, the DCC approved this application after taking into consideration the prevailing heights in the immediate vicinity. Once again, planning decisions continue to show that height limitations cannot be interpreted in a vacuum without taking the contextual circumstances into consideration.

Offices at penthouse level

An office at penthouse level, forming part of a four-storey block, was approved by the DCC. In this case, the file was referred to the DCC with a positive recommendation. It must be noted that the Directorate is not always consistent in its approach towards such applications, since there are several instances where case officers insist that penthouses in residential areas should be solely used for residential purposes. In this case, the case officer took a different approach, which was confirmed by the DCC. It is hoped that all future cases concerning proposed office use in penthouses in a committed commercial block are treated in a similar way.

Captain Morgan boarding desks in Sliema

A number of MEPA applications to install a number of Captain Morgan boarding desks at Triq ix Xatt in Sliema were submitted way back in 2005. Eventually, the DCC held that in view of the large number of submitted application for different locations on the quay, the Director of Planning was requested to draw a planning brief with a view to secure a concerted planning solution. Nonetheless the application was refused in May 2006. The applicant submitted a request for reconsideration, stating that the desks are essential for his operations. When the applications were referred once again to the DCC this week, the DCC voted unanimously in favour, on condition that the desks are removed from site every evening after the last trip. The DCC also stated that the proposal is essential for the operation. In my view, it shouldn’t have taken four years to pin point that this proposal could be entertained provided that the booths are removed every evening. MEPA must ensure that, in the absence of a specific planning policy, decisions should be based on logical grounds.

Demolition of existing ODZ dwelling… and reconstruction

A permit to demolish parts of an ODZ dwelling and reconstruct with a new design (which involves a change in the building mass) was approved by the DCC this week, albeit the proposal involves demolition and reconstruction which lies in ODZ. The reasoning which led to the ODZ Board’s decision is based on the pretext that the newly constructed structures shall be located within the already existing footprint. More so, the DCC was asked to note that the design of the building was being altered to make maximum use of renewable resources. This decision continues to prove that the replacement of legally established structures in ODZ, resulting in better planning, are acceptable.

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