PA starts reform of building heights policy with vague objectives

Objective of reform is to ‘clarify’ a policy approved in 2015 which converted building heights in number of floors into a height in metres but no indication is given whether reform is aimed at limiting or further increasing building densities

The Planning Authority is inviting the public to submit feedback on a proposal aimed at “clarifying” the provisions of a planning policy on building heights introduced in 2015.

The 2015 policy translated the height limitation in floors found in local plans into a height in metres, paving the way for the approval of five-storey developments in most urban areas.

The objective of the policy requested by the central government is to “clarify” the provisions of the 2015 policy and to “specify the number of allowable levels for all the ranges of facade heights and overall heights in metres”.

The local plans  which regulate development in Malta and Gozo already establish the height limitation in floors in different towns and villages.

But the new policy enacted in 2015 stipulated that building heights in the local plan “shall be interpreted according to Annex 2 of this document” in which the height limitation is translated into a height in metres.

For example, a height limitation of three floors is translated into 15.4m while in places where a semi basement is also allowed, this is translated into a height limitation of 17.5m.

The 2015 policy itself already specified that five floors can be allowed in areas with a height limitation of 17.5m and four floors can be allowed in areas with a height limitation of 13.5m.

But this led to conflicting interpretations with regards to how many floors developers can fit in areas where the local plan allows three floors without a semi basement which is translated into a height of 15m in the 2015 policy. 

While environmentalists argued that only three floors should be allowed in these areas as dictated by local plans, PA boards often gave a liberal interpretation allowing five floors even in these areas.

But these decisions were increasingly challenged in planning appeals which resulted in the revocation of a number of permits.

Since the objectives of the reform are rather vague, it is impossible at this stage to determine whether the proposed changes are meant to allow more or less development but environmentalists who talked to this newspaper fear that this could end up creating a height regime which will completely override the local plans, further increasing building densities in towns and villages.

The purpose of this revision according to the PA  “is to give a clearer and more consistent understanding of the height and  allowable number of levels for all the ranges of street facades to ensure more certainty and eliminate inconsistencies that may arise from different interpretations of this policy”.

But no direction is given on whether the change should  result in increased or decreased densities.

At this stage, the PA has simply asked for comments.

It is only following this public consultation period that the PA would start drafting a new policy. The public is being asked to send feedback by 11 March.

Subsequently the policy draft will be issued for two other rounds of public consultation before the new policy comes into force.

However, the public consultation on the new heights policy has coincided with the issue of a “planning circular” issued in the absence of any public consultation, which effectively   formalises the conversion of building height limitations in the seven Local Plans approved between 1995 and 2006 into overall heights in metres.

A coalition of Gozitan NGOs called Ghawdix has expressed concern that the new rules would override local plans and entrench the changes made in 2015.