2 new planning policies published on petrol stations & cemeteries

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2 new planning policies published on petrol stations & cemeteriesThe Malta Environment and Planning Authority (MEPA) has published two new specific policy frameworks which clearly establish planning parameters for the processing of development applications related to cemeteries and new fuel service stations or existing ones which are seeking relocation.

The new Policy and Design Guidance document for cemeteries prohibits the construction of new cemeteries. The policy though allows extensions to or additional graves within existing cemeteries subject to the submission of a cemetery management plan.

The Authority said that the management plan, among other requirements, will need to include a survey of the age, distribution and listed status of graves; an appraisal of structures and facilities within the cemetery; a survey of natural habitats, biodiversity, and landscaping; a survey of potentially important archaeological remains; a maintenance programme and scope for the provision of new forms of funerary techniques.

“Where an existing cemetery is located at a distance from other developments which is less than that required by law, then the perimeter of the cemetery cannot be extended. In exceptional circumstances, an extension to the perimeter of the cemetery may be permissible, provided that the extension shall not entail an increase in the number of graves but is only for the upgrading of the facilities of the existing cemetery. The policy also encourages the re-activation, restoration and upgrading of existing cemeteries which for whatever reason have been in disuse.”

MEPA said that in determining whether a development proposal is acceptable, various studies (e.g. hydrological, geological and pedological surveys) will need to be carried out to assess the cumulative impact of the proposed development. Depending on the size and location of the proposed development, an Environmental Impact Assessment (EIA) and/or an Appropriate Assessment (AA) may be necessary.

The policy makes it a requisite that where geological conditions are favourable four-tier graves are constructed. MEPA pointed out that the facilities of the existing cemetery are to be considerably improved to include storage rooms, a visitors’ room and sanitary facilities so as to cater for funerary services which can be used by persons of any religion or rite.

The document highlights the importance of introducing new methods of funerary techniques as an alternative to burial on land, which in the long term will result in the reduced need for extensions to cemeteries.

The newly approved Fuel Service Stations policy sets out a framework for the location, scale and design of new fuel service stations and their ancillary facilities while also provides specific guidance on the relocation of existing fuel service stations which are currently located in less desirable areas by virtue of urban incompatibility, amenity, traffic safety and where therefore relocation is desirable, MEPA said.

Where a new fuel station is being proposed, the policy specifies that its location should preferably be sited in Designated Industrial Areas, SME sites, Areas of Containment, Open Storage Areas, sites already occupied by fuel stations or other areas earmarked for development which are not designated as Residential and Residential Priority Areas.

Upgrading of existing Fuel Service Stations will be positively considered as long as the footprint will not exceed the already physically committed area on the site or 3,000 sqm whichever is the larger and the height of the structures shall not exceed that of the already existing structures or 7 metres, whichever is the higher.

MEPA stated that while the same location criteria would apply in the case of Relocated Fuel Stations, the policy also indicates that in “such cases land outside areas designated for development committed for non-agricultural uses or disused quarries may also be considered.”

“For fuel station relocation purposes, in those cases where benefit to the community is deemed to be paramount, other sites may be considered but a list of environmentally sensitive areas, stipulated constraints as well as sites whose boundaries are closer than 15m or more than 500 m from the nearest Development Zone boundary should be avoided in all cases for location purposes.”

Additionally, the Authority said, fuel stations will not be permitted within 300m from a groundwater source, should be located at an appropriate setback from a Distributor or Arterial Road and generally cannot be located closer than 500m from nearest fuel station. The planning permit will also oblige any applicant to decommission the redundant fuel station prior to operating on a new site in the case of a Relocated Fuel Station.

The policy also introduces a number of design and planning standards for safer vehicular access and circulation within the fuel station. Access points to Fuel Stations will not be permitted on or close to a major junction, should have a separate entry and exit point separated by at least 20m with a minimum approach width of 6.0m.

The policy also stipulates that any Petroleum Filling Stations, whether new or relocated, shall include at least one nozzle for the sale of biofuels or other alternative fuels and one charging point for electric vehicles.

Additional safeguards are included to respect the surrounding context, to discourage unnecessary future sprawl, to sensitively introduce infrastructure and to introduce safeguards which render the operation safer and more environmentally friendly.

To address the potential abuse from existing fuel stations located in ODZ making requests to partially or fully change the use of a fuel station to a non-fuel related use, the policy makes it clear that such requests will not be considered, said that Authority.

The Environment Protection Directorate, the Civil Protection Department, Transport Malta and the Malta Resources Authority are deemed to be mandatory consultees during the processing of any fuel station planning application.

The two policy documents together with the submissions received during the public consultation stage and the SEA screening document may be viewed here.

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