To safeguard green open spaces and contribute towards a better overall urban environment, the Malta Environment and Planning Authority (MEPA) has for the first time quantified that the depth of the built footprint cannot exceed 30 metres from the official building alignment.

The circular was published after MEPA noticed that over a period of time certain policies are being consistently interpreted in a way which cumulatively departs from the intention behind the original strategic policy thrust.

MEPA said that it identifies three main policy areas where it feels clarification is needed, these include, the policy related to the development of gardens and backyards, the residential use of basements and semi-basements and the change of use of small private garages for commercial purposes.

Referring to separate statements made by both the Malta Developers Association (MDA) and the Kamra tal-Periti (KTP) respectively, the Authority points out that the published circular is “not to amend any of the relevant policies, but to clarify the current existing policies.”

The Authority said it has observed that while on a number of occasions, planning applications may include encroachment onto back yards and/or back gardens, the General Design Principles of the Development Control: Policy and Design Guidance 2007, give direction towards respecting the positive features of an urban area and towards adopting a contextual approach.

In certain circumstances, the Authority has noticed that the way the policy has been interpreted has “gone against the spirit of what it is meant to achieve, resulting in the progressive deterioration of the urban environment. Green enclaves are essential to enhance and provide green lungs to the urban environment and should therefore be given due consideration.”

The Authority pointed out that “any development extensions onto such spaces should be justified and minor whereby the back elevation should be compatible with the surrounding urban context.”

The residential use of basements is also a growing concern for MEPA. While potentially basements were envisaged to contribute towards better utilisation of space, over the years, the Authority has witnessed cases where the “use of basements for residential purposes has led to instances of over-development with adverse consequences including a decline in the standards of living and therefore to the quality of life.”

While MEPA is indicating a general presumption against favourably considering basements for the creation of additional residential units, the Authority deems it appropriate to clarify further where basements for residential purposes may be deemed to be acceptable.

“Residential basements may be considered in high quality developments which lie at the edges of the Development Zone and where the terrain permits access to long distance views. In other instances, comprehensive development proposals may create opportunities for creative and perfectly acceptable use of underground space without compromising standards of living or design.”

In line with Government policy to further facilitate small scale commercial interventions, without compromising residential amenity, MEPA is clarifying an interpretation which facilitates the controlled change of use of small garages that are linked to a single dwelling unit.

The Authority said that it receives a considerable number of requests for the change of use from a private garage to an office or retail outlet. “On occasions, if there is no contention regarding the change of use related to planning issues, proposals are refused solely on the basis of loss of parking provision.”

Following discussions with Transport Malta, MEPA is considering that proposals for change of use from garages for private cars to small scale offices or retail outlets (not more than 50 square meters) may be favourably considered where the garage in question form part of a single dwelling which is not part of a block of apartments, the space in front of the garage can be made available for parking and is not restricted by other measures that preclude parking.

“This new interpretation does not preclude that the change of use is subject to other planning policies. In all cases it is important to take into account the context of the area, its traffic and parking carrying capacity and the compatibility of the proposed use with surrounding uses,” the Authority said.

MEPA Circular 3/14 may be view on the Authority’s website http://www.mepa.org.mt/info-circulars.

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