MEPA Watch | Sunday, 16 May 2010

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Robert Musumeci’s analysis of MEPA decisions

Ignoring outline permits
Earlier this week, a development application to carry out structural works and change the use of the lower floors of a building complex to a supermarket was turned down by the Development Control Commission, even though the development was approved in principle by way of an outline permit way back in 2005.
The proposal involves extensive excavations underneath an existing residential complex to create a supermarket with a gross customer floorspace of 550 square metres, a parking area for the customers and a storage area of 330 square metres. It was also proposed to convert two existing semi-basement garages, having direct access from the street, into an un/loading bay and an ancillary garage. Access to the supermarket was being proposed via a tunnel at street level. In actual fact, the proposal is not in line with today’s local policies governing the area, by virtue of its scale, since the site in question has now been designated as a residential area. That being said, the Planning Directorate had no other option other to recommend the application for approval given the fact that an outline development permit had already been issued on site. When the application was referred to the DCC on Tuesday, the Board ignored the case officer’s recommendations and issued a refusal, underlining that the request ran counter to current planning policies.
Only the week before, the MEPA Board unanimously refused to give a full development permit for an application which in August 2007 was granted an outline permit. In this case, the proposed development included the demolition of a disused rabbit farm and the construction of industrial premises in a Rural Conservation Area of Maghtab, which is predominantly characterised by agricultural land and farm buildings. The request was deemed unacceptable by the MEPA Board, since, according to the Chairman, it went against the public interest.
These two decisions, which were taken within a span of less than a week, give rise to a number of significant considerations. It appears that decision bodies are consistently failing to appreciate that outline permits were specifically designed by law to enable prospective developers to know whether a proposed development is acceptable in principle a priori. Indeed, Structure Plan Policy BEN 8 encourages intending applicants for permission to consider applications for outline permits which establish the principles and general characteristics of a development proposal before the applicant is faced with the expense of the more detailed application for a full permit to develop. Moreover, the Local Plan interpretations document, which was issued in December 2007 specifically states that the principle approved in an outline development permit prevails over the provisions of the Local Plan.
It is not yet known whether the respective applicants intend to file an appeal in the coming days.

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