Change of use allowed by virtue of 2014 circular

A 2013 planning application for the change of use of the 60 square metre garage to a retail shop was turned down by the Environment and Planning Commission after it held that “the proposed development will remove the existing parking spaces for the building and so it would conflict with Structure Plan TRA 4 and PA circular 3/93 which seek to ensure that appropriate provision is made for off-street parking”.

In reaction, applicant appealed the decision with the Environment and Planning Tribunal, insisting inter alia that the commercial area was less than 75 square metres and hence no parking was required as the scale of the development is considered as “local” in terms of current planning regulations.

In addition, applicant contended that an on street parking space would be created in front of the site since vehicular access (to and from the garage) would no longer be required.

Proposals for change of use from garages for private cars to small scale Use Classes 4A or 4B may be favourably considered

Applicant added that he was, in any case, willing to make a monetary contribution towards the Urban Improvement Fund in compensation for the parking shortfall. In his concluding remarks, applicant made reference to various planning permits in which the Authority consented to a “change of use” despite loss of parking.

On his part, the MEPA case officer reiterated that an existing off-street parking space would be lost as a result of the proposed development and therefore the change of use cannot be permissible from a planning point of view.

Moreover, the case officer insisted that applicant’s suggestion to contribute towards the Urban Improvement Fund cannot be considered since such contributions can only be allowed subject to the non-removal of available parking spaces (Policy 4.18 of DC 2007).

In its assessment, the Tribunal made reference to paragraph 3.14 of circular 3/14 which was approved during the course of appeal proceedings. Indeed, this circular provides that proposals for change of use from garages for private cars to small scale Use Classes 4A or 4B may be favourably considered where the garage in question is part of a single dwelling which is not part of a block of apartments and the space in front of the garage can be made available for parking and is not restricted by other measures that preclude parking.

In such cases, the circular adds that the permit for commercial use must be issued subject to a condition which will not allow any reserved parking or any other restrictions to parking as a result of the permitted commercial activity. Against this background, the Tribunal ordered the MEPA to issue the permit.

Robert Musumeci is an architect