Change of use allowed because of no third party objections

As a result, the Commission concluded that the proposed commercial operations would result in a significant cumulative increase in retail floor space, which would compromise the residential amenity.

In reaction, applicant appealed the said decision before the Environment and Planning Tribunal, stating inter alia that his application aims to “add” a small shop having an area which is less than 75 square metres, thus being considered to be of a “local” nature. Even so, the applicant argued that the site in question is located close to a large two-storey showroom and flanked by a number of other shops within the same block. 

In his submission, the applicant made express reference to policy CG 07 of the Central Malta Local Plan, which indeed does not pose any limits with respect to the number of shops that may be permitted in a designated residential zone. In fact, said policy only provides a limit with respect to the allowable area of individual shops, which is essentially equivalent to 75 square metres.  

For its part, the Authority reiterated that the proposed commercial use would nonetheless result in a significant cumulative increase in retail floor space to the detriment of the residential amenity. The case officer argued that proposals involving new commercial activity must be seen in a holistic way and one must not overlook the cumulative effect arising from intensification of commercial activities where the residential character is dominant.

In his conclusive remarks, the officer also showed concern with respect to the fact that the proposed office happens to adjoin a garage on the same floor, which in turn could result in “possible overspill” should applicant decide to clandestinely interlink both properties in the future.   

Whilst acknowledging that commercial proposals are required to be assessed in a holistic manner, the Tribunal observed that there were no third party objections and ordered MEPA to issue the permit

In its assessment, the Tribunal considered that the proposed use would occupy an area smaller than 75 square metres and is therefore considered “local” in terms of planning policy. Whilst acknowledging that commercial proposals are required to be assessed in a holistic manner having regard to cumulative effects, the Tribunal observed that, in this case, there were no third party objections. Against this background, the Tribunal concluded that the proposal is acceptable and ordered MEPA to issue the permit. 

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