MEPA drafting policies on fireworks, petrol station and seven under review

It is a busy, long, hot summer for the Malta Environment and Planning Authority, which is in the process of revising seven existing policies and introducing two new policies, one on fireworks factories and another on petrol stations.

This process coincides with the revision of local plans.

Applicants which could be impacted by these plans have been forewarned of the impending changes.

A legal notice issued last month obliges MEPA to forewarn developers of any impending change in policies and will give developers affected by these changes the option to 'suspend' their applications for a year. 

As a result, developers will not risk having their applications turned down on the basis of policies which the government intends to change.

Recently FAA Coordinator Astrid Vella denounced that many relevant meetings are happening behind closed doors: "Consultation meetings on various policies which will have a bearing on the local plans are ongoing behind the scenes, with boards predominantly staffed by representatives of the construction industry."

Fireworks and petrol stations

The new policy on fireworks comes against a backdrop of increased opposition to the construction of factories outside development zones.

In the past three years, the Malta Environment and Planning Authority has turned down five applications for ODZ fireworks factories.

These included proposals for Tal-Ghajn in Mellieha, near the Chadwick Lakes, in the limits of Nadur, Rabat, in Ix-Xaghra tal-Isqof, Rabat, and in Tas-Sanap in Munxar, Gozo.

While MEPA is becoming stricter about ODZ fireworks - especially in view of farmers' safety concerns - the Malta Pyrotechnics Association, the fireworks lobby, argues that the building of a new ODZ fireworks factory would improve safety standards.

In opposition, former Labour spokesperson for justice and legal consultant of the Malta Pyrotechnic Association Michael Falzon argued that to improve safety, MEPA has to issue more permits for new fireworks factories in ODZ areas.

MEPA is currently considering a permit for a new ODZ fireworks factory in Ghaxaq and an extension of the Saint Catherine fireworks factory in Zurrieq. An appeal has also been presented against MEPA's refusal of the Mellieha fireworks factory.

Another policy in the works is one regulating fuel service stations. Over the past decade, MEPA has approved number of controversial applications for petrol stations in ODZ locations. But in the past few years MEPA has adopted a stricter policy, refusing to sanction the Gaffarena petrol station on Luqa Road in Qormi, part of which was developed illegally in an ODZ area.

Policies on farm development

Significantly, one of the policies being revised is the one which regulates development outside built-up areas, which dates back to 1995. The other policy regulates agriculture, farm diversification and stables.

The two policies are particularly relevant to the government's plans to promote agro-tourism projects in the countryside.

Environmentalists are wary that such a policy could encourage more ODZ development in places where this is not allowed.

Interviewed recently by MaltaToday, parliamentary secretary Michael Farrugia explained that the government does "not have in mind hotels in the middle of the countryside", adding that what he has in mind is  "farms offering a number of limited beds to tourists". Farrugia admitted that he has already been faced with proposals of agro-tourism, which include hotels in ODZ areas, and he makes it clear that this is not the kind of development which will be allowed.

Former MEPA auditor Joe Falzon lambasted MEPA's existing Policy and Design Guidance on Agriculture, Farm Diversification and Stables as "a recipe for abuse".

This policy states that an existing farm building may be converted to a dwelling, subject to a number of conditions, including a document from the director of Veterinary Services that the building cannot be used for agriculture.

The policy had also triggered a large number of applications for stables. In 2009 a number of these stables were closed down following an investigation which revealed that some of the newly approved stables were being used for other purposes.

Policy on high-rise development resurrected

MEPA is also revising the planning policy on the use and applicability of the floor areas ratio, a controversial policy encouraging vertical development proposed in 2006 but never given the final seal of approval by the previous government.

The public consultation document on the floor areas ratio, issued by MEPA in 2006, identified those areas deemed suitable for high-rise and medium rise development.

In this document MEPA has identified nine sites as the appropriate locations for high-rise development where buildings were set to rise above 11 storeys.

Medium-rise development was envisaged in the entire conurbation covering Pembroke, Swieqi and St Julian's in the north, San Gwann, Birkirkara and Qormi in the centre and Fgura and Zabbar in the south. Medium-rise buildings were defined as one floor higher but less than twice as high as the statutory building height limitation.

Another policy which is being changed is the interim retail planning guidelines, which regulate the development of new supermarkets. Curiously, the recently approved policy, which allowed hotels in tourist areas to add two new floors, is already subject to revision.

Two of the nine policy revisions were initiated by the previous government: one regulating change of use of businesses and another on urban regeneration initiatives.