Tribunal allows sanctioning of existing pig farm

The planning application entitled “To sanction existing pig farm” in Siggiewi was originally turned down by the Environment and Planning Commission on a number of counts.

In the first instance, it was held that “the site is located just 50 metres away from an important header pumping station at Ta’ Kandja” and so does not comply with Structure Plan policy RCO 28 which expressly provides for the protection of important water catchment areas. In fact, the Malta Resources Authority objected to the proposed development.

Furthermore, the Commission observed that the building “as erected” fails to complement the surrounding rural environment and thus conflicts with Policy 1.3A of the Policy and Design Guidance on Agriculture, Farm Diversification and Stables which specifically militates against development having an unacceptable adverse impact on the rural landscape.

In addition, the applicant was told that the proposal involves “the total coverage of the site by buildings”, in consequence of which  “there can be no provision for hard or soft landscaping on the site.” For this reason, the development was deemed to conflict with Structure Plan policy BEN 17 which requires that buildings in the countryside are adequately screened. 

In reaction, the applicant appealed the decision stating that the existing farm has been in operation prior to 1992. More so, it was pointed out that the farm is officially registered with the Department of Agriculture and with the Food and Veterinary Regulation Division. The applicant also remarked that the Department of Agriculture requested him to upgrade the current waste management facilities.

Notwithstanding the applicant’s arguments, the MEPA case officer reiterated that there is no clear evidence to ascertain whether the farm was legally active prior to 1992. In the circumstances, the authority justified its position, stating that the proposal needs to be assessed in accordance with current planning policies, which in turn militate against urban type development in  rural areas.

The case officer stated once again that the site is located within the Immediate Groundwater Protected Zone, and more specifically within only 50 metres from the Mqabba Heading Gallery from Ta’ Kandja Pumping Station, adding that  farms need to be located at least 300 metres away from sources used for the abstraction of water intended for human consumption, such as boreholes.

In its assessment, the Environment and Planning Tribunal observed that livestock farms were officially registered for the first time in 1999 and hence it is impossible for the applicant to provide documentary evidence showing that operations were already in force prior to 1992 as required by MEPA. But even so, the Tribunal noted that the Director of Veterinary Services gave evidence under oath, maintaining that he personally knew the applicant and was even aware that on site livestock operations were already in place in 1988.

The tribunal noted the evidence given by the Director of Veterinary Services under oath

Against this background, the Tribunal ordered the MEPA to issue the permit on condition that the buildings are demolished should the applicant decide to cease current operations.  

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