Updated | MEPA to ignore ombudsman's recommendation to withdraw circus approval

The siting the Circo Fantasy circus at the Naxxar trade fair grounds was incompatible with the town's local plan, the new Commissioner for Environment and Planning said in a report on a complaint by Naxxar residents.

But the Malta Environment and Planning Authority (MEPA) said that following the report published by the Environment and Planning Commissioner earlier today, the authority had confirmed its 'no objection' to the circus being organized in the parking area of the ex-Trade Fair Grounds in Naxxar.

Planning ombudsman David Pace said JS Promotions' circus, which was given the green light for siting outside the trade fair grounds by the Naxxar local council, was incompatible with the surrounding residential nature and amenity of the town and its designated zoning.

"MEPA should withdraw its 'no objection' to the use of the site for the circus," Pace said, who recommended that the Development Notification Order rules - a fast-track process for minor and temporary development - is amended for those permits that are objectionable under the Structure Plan's policy 'BEN 1', which deals with good neighbourliness.

On 17 October 2012 the planning ombudsman a complaint from several residents from Naxxar who protested against the siting of the circus.

The circus was green-lit by the Naxxar council on 21 August, but only put up for public attention at the beginning of October, giving very little time to the residents to voice their concerns.

"Local councils need to exercise greater sensitivity in dealing with such request for uses of land, where the use could potentially raise conflicts with the amenity or character of the location, or which could give rise to objections by the community," Pace said.

He suggested that the council issues notices for public consultations, with a grace period of one week for representations to be made.

It also turned out that the circus promoters applied for a clarification on their MEPA permit after the local council's approval, and not before. "MEPA was faced with a situation where approval by the council had been obtained and commitments had been made. It is therefore perhaps understandable that MEPA tried to find a compromise solution, albeit reluctantly."

Pace also said that since the trade fair grounds were accessed via residential zone and surrounded by residences, the proposed use of the parking lot for the siting of the circus ran counter to the local plan, which should have been a major reason for refusal.

MEPA said that the fact the Local Council gave its full consent for this temporary activity to be organized at this site and given that this activity was not going to surpass the 30-day period... MEPA is confident that all local councils were more than competent and 'qualified' to guide public authorities when necessary clearances are sought for the provision of temporary activities, such as the circus in Naxxar."

MEPA remains of the opinion that a local council is the most competent entity, to evaluate and guide other public entities on the impacts any 'temporary activity' can have on the surrounding neighbours, such as a circus or all the other cultural activities which are held annually in our towns and villages.

"Nonetheless, the Authority has taken on board the Commissioner's proposal to amend the DNO procedure, whereby such activities could in future be considered as permitted development with notification.  Prior clearance from the relevant Local Council would also be a pre-requisite.  Indeed such amendments are expected to yield better assessments of land use issues, associated with such activities."