MEPA Watch | Sunday, 28 February 2010

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Robert Musumeci’s analysis of MEPA decisions

Policy 3.2 (DC 2007) provides that new development in villa areas shall conform to the requirements/conditions which have been applied to the adjoining development…

Earlier this week, a full development application, proposing the construction of a semi-detached villa and two levels of underlying floors (one at semi-basement and another at basement level) was referred to the DCC for a decision. The site in question, which is located within a villa zone in Mellieha, consists of a vacant plot fronting two streets – Triq l-Izbark tal-Francizi and Triq Louis Wettinger.
In his assessment, the case officer concluded that the proposed development complied with the zoning requirements pertaining to the area. The report noted that the proposed basement garage encroached within the side cartilage. It was further noted that the proposal included a habitable room located at ground floor level, which also extended onto the side curtilage.
Development in this area is regulated by North West Local Plan Policy NWML 3, which provides that structures in the side cartilage may include habitable rooms and garages on condition that the façade of the structure shall be setback at least 4.5m from the building alignment and does not exceed the height of 3m measured from the damp proof layer of the building. This type of development is further regulated by way of Policy 6.9 (DC 2007 document), stating that the location of the garage should permit hard or soft landscaping of the plot, and not unduly reduce the detached character of the dwelling/area. The same policy goes further to state that where the garage roof is proposed to be used as a terrace, it should not give rise to overlooking or loss of privacy for adjoining dwellings. To this end, adverse impacts may be reduced or eliminated by raising the party wall, using differences in levels, staggering or other similar and suitable screening measures.
Back to the case under review, the case officer noted that the height of the proposed structure in the side cartilage exceeded the 3 metres height limitation stipulated in Policy NWML3. Notwithstanding, the case officer recommended that the application should be approved on the pretext that there are other similar commitments in the same area. Moreover, the case officer did not express any objection with respect to the fact that the proposal contemplated two floors at basement level (in villa areas, case officers typically recommend that there should be only one floor at basement level).
When the application was referred before the DCC for a final decision, the permit was issued. Nonetheless, two Commission members expressed their opposition, noting that the proposal was in conflict with the standard quantitative design requirements.
It bears to point out that Policy 3.2 (DC 2007 document) provides that where a particular localised area zoned for villa development (a street or block) has been developed otherwise than in accordance with the design requirements for that locality, new development in that area shall conform to the requirements/conditions which have been applied to the adjoining development. It follows that new development in villa areas should be in keeping with the prevailing commitment in the vicinity. The Board’s final decision is therefore correct.

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