Stables in Gozo
A planning application to construct stables in an area which is known as Ta’ Mejmuna in the limits of Xewkija was lodged in September 2007. The Malta Resources Authority objected to the proposal on the preamble that the site was located within a Groundwater Protected Zone. In fact, it was further noted that the site lies within a distance that is less than 200m away from an active borehole. At a later stage the Resources Authority lifted its objections in view of a change in the proposed location. On its part, the Agriculture Branch (Gozo) was also consulted and noted that the applicant in question was not a registered farmer. Further to a site inspection, the department confirmed that the site in question is dry agricultural land and found no objection to the proposal.
On a completely independent note, the Veterinary Regulation, Fisheries Conservation and Control Division requested applicant to provide a written declaration with respect to the proposed waste management operations. To this end, applicant submitted a detailed waste management plan which was eventually approved by the Division.
Notwithstanding the said positive recommendations, the case officer entrusted with the processing of this application concluded that the proposal was in direct conflict with the Gozo and Comino Local Plan Policy GZ-LMDZ-1, which do not permit urban development Outside Development Zone. According to the same case officer, stables do not fall into a category of non-urban development which may be permitted outside existing or committed built-up areas. Moreover, it was highlighted that the site under review lies in a Rural Conservation Area (as designated by the Structure Plan and indicated on the Key Diagram).
In his line of defense, the architect argued that the stables are located on a site where there is the least soil and landscaping was being provided on all sides.
When the proposed development was referred to the DCC for a final decision, the application was approved on the pretext the site lies within the 100 – 300 metre range in relation to the nearest development scheme. Moreover, the DCC noted that the Department of Agriculture were not objecting to the proposal.
Although the case officer argued that the Gozo and Comino Local Plan Policy GZ-LMDZ-1 militates against urban development Outside Development Zone, it appears that the same officer failed to make reference to the Policy and Design Guidance – Agriculture, Farm Diversification and Stables document which was issued in 2007. The said document allows the construction of new stables subject to a number of key provisions. In this case, the applicant submitted an affidavit stating that he was indeed the owner of four horses. Moreover, despite the fact that the applicant failed to submit official evidence demonstrating that he had made reasonable attempts to find an alternative location, it bears to point out that there are several committed livestock farms in the vicinity of the proposed location.
The case officer was therefore incorrect to state that stables do not fall into a category of non-urban development which may be permitted outside existing or committed built-up areas.
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On its part, the Agriculture Branch (Gozo) was also consulted and noted that the applicant in question was not a registered farmer. Further to a site inspection, the department confirmed that the site in question is dry agricultural land and found no objection to the proposal.
