Development approved in a Special Area of Conservation A request for the construction of a tool room was made from a full time farmer. According to the information furnished by the Department of Agriculture, the said applicant tills no less than 40 tumoli of land. Nonetheless, the Directorate objected to the request since it transpired that the site lies in a Special Area of Conservation (SAC). SACs are areas which have been given special protection under the European Union’s Habitats Directive. The Habitats Directive (Council Directive 92/43/EEC of 21 May 1992) requires Malta as an EU Member State to create a network of protected wildlife areas, known as Natura 2000. This network consists of Special Areas of Conservation (SACs) and Special Protection Areas (SPAs), established to protect wild birds under the Birds Directive (Council Directive 79/409/EEC of 2 April 1979). Indeed, these areas have been identified in an effort to provide increased protection to a variety of wild animals, plants and habitats. SACs are thus considered to be a vital part of global efforts to conserve the world’s biodiversity.
When a proposed development falls in an SAC, an appropriate assessment screening must be made in line with the requirements of Article 6(3) of the EU Habitats Directive (Directive 92/43/EEC) prior to a planning decision. During the screening process, one must establish amongst other considerations, any likely direct, indirect or secondary impacts of the project (either alone or in combination with other plans or projects) by virtue of the size and scale, land-take, resource requirements (water abstraction etc, potential emissions (disposal to land, water or air), excavation requirements, transportation requirements as well as duration of construction, operation, decommissioning, etc. The screening process must also take into consideration any likely changes to the affected site arising as a result of reduction of habitat area, disturbance to key species and habitat or species fragmentation, reduction in species density, changes in key indicators of conservation value (water quality etc.) and climate change.
In this case, the Directorate failed to carry out such assessment and issued an outright negative recommendation. In other words, the Directorate recommended that the request should be dismissed on the sole pretext that the proposed site location falls within a Special Area of Conservation. When the file was referred to the Board for a decision, the case was referred for a site inspection. Consequently, it transpired during inspection that the proposed room was to be located adjacent to an existing wall and tool room – thus close to an existing commitment. The DCC further highlighted that the proposed location was adequately screened by virtue of the existing terracing and the planting of olive trees. Of equal significance, the DCC argued that the integrity of the site (being an SAC) was not being adversely affected by way of the proposed development. In reaction, the DCC approved the development earlier this week. The decision under review goes to prove that development which is essential to agriculture may still take place in designated areas provided it is shown that the integrity of the site shall remain unaffected.
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.
Search:
MALTATODAY
BUSINESSTODAY
Download MaltaToday Sunday issue front page in pdf file format
SACs are areas which have been given special protection under the European Union’s Habitats Directive. The Habitats Directive (Council Directive 92/43/EEC of 21 May 1992) requires Malta as an EU Member State to create a network of protected wildlife areas, known as Natura 2000. This network consists of Special Areas of Conservation (SACs) and Special Protection Areas (SPAs), established to protect wild birds under the Birds Directive (Council Directive 79/409/EEC of 2 April 1979). Indeed, these areas have been identified in an effort to provide increased protection to a variety of wild animals, plants and habitats. SACs are thus considered to be a vital part of global efforts to conserve the world’s biodiversity.
