Way Forward
Areas of Containment
Public Consultation First Draft
MEPA
February 2012
1
Contents
1
2
3
4
5
Scope and Introduction .......................................................................................... 3
Background............................................................................................................... 5
Existing Framework ................................................................................................... 6
Recommended Way Forward................................................................................ 8
APPENDICES ............................................................................................................ 16
2
1
Scope and Introduction
1.1
The Malta Environment and Planning Authority (MEPA) has been directed by
Government to prepare guidelines to clarify the way forward on the Areas of
Containment (AoCs). These Areas of Containment are identified in the Central
Malta Local Plan (CMLP), North West Local Plan (NWLP) and the South Malta
Local Plan (SMLP) and predominantly accommodate industrial or commercial
related activities located outside development zone. Development within these
designated areas is guided by a number of Local Plan policies which require that
most of these areas are subject to further study and review on a case by case basis,
and provides a general framework for the way forward. Furthermore, some areas
can be developed subject to detailed planning and design criteria. This way
forward merited further examination in order to give a clearer direction on the
procedures to be adopted for AoC’s prior to establishing future parameters for
these areas.
1.2
AoC’s are characterized by existing operations which from time to time may need
to upgrade their operations in order to continue to operate in a dynamic and
competitive market. The exercise is therefore intended to facilitate the continued
operation of these enterprises as well as indicating AoC’s as preferred areas where
development which cannot be easily located within the Development Zone should
be accommodated. Moreover it gives direction and way forward on what is
permissible in the short term to the longer term objective of setting out the future
parameters for these AoC’s.
3
General Objectives of this Guidance
1.3
The general objectives of the exercise as communicated by government are as
follows:
(1)
To clarify what type of development can take place within Areas of
Containment (AOCs), over and above, what is considered as
acceptable development within the Outside Development Zone
(ODZ);
(2)
To direct on the procedure and the legal framework that is to be
followed for the planning of each of these Areas of Containment;
(3)
To establish the extent of intensification that can be permitted for
existing and operating enterprises with permit in the Interim Period,
prior to the finalization of the planning of the respective Areas of
Containment.
1.4
A primary aim of this document is therefore to look into measures to guide
development proposals within AoC’s within the short term until these areas are
fully planned comprehensively. In relation to Objective 1.3 (2) the following
three legal procedural processes have been identified:
•
The current planning procedure established by the Legal Notice LN
71 of 2007 and Article 59 of Act X of 2010; and/or
•
The Structure Plan Review (SPR) process for those AoCs that require
a SPR; and/or
4
•
Specific Area of Containment policies that were approved in the Local
Plans
1.5
It is not the intention of this exercise to consider the amendment of
boundaries of the existing Areas of Containment as approved by the Local
Plans or to consider the introduction of new Areas of Containment. The list
of AoC’s designated in the approved local plans is indicated in Appendix 1,
Table 5.1.
2
Background
2.1
The Policy background of AoC’s has evolved through the assessment of the
differing characteristics of these Areas. Although lying outside the designated
Development Zones, most of these areas have seen commitment well before the
approval of the Structure Plan for the Maltese Islands in 1992.
2.2
Areas of Containment are in effect a subset of the general Outside Development
Zone (ODZ) area which includes not just AoCs, but also other built-up areas ODZ
such as Rural Settlements, Areas which have specific Local Plan policies
associated with them, National/Institutional buildings/areas such as hospitals,
schools and so forth. These built up areas within the greater ODZ are semiurbanised areas and historically contain development commitments that have
evolved over a number of years and often in an ad hoc manner. Still these areas
have played an important role in view of the potential neighbour compatibility
issues that would have arisen had these areas been accommodated within
development zones. These areas were recognized in the Structure Plan for the
Maltese Islands as committed areas and the local plans sought to introduce a
degree of order into how further interventions should take place in such areas.
5
2.3
A number of operational Small and Medium Enterprises (SMEs) and commercial
firms operate from within these AoC’s and contribute towards the economy and
employment. Some have been established for many years. These activities often
face a dynamic economic scenario and need to be able to adapt, update and
upgrade their operations in order to remain competitive.
3
Existing Framework
The Concept of Containment
3.1
The boundaries of AoC’s were delineated by the approved Local Plans to
establish a containment boundary beyond which development was not
contemplated. These boundaries therefore served to limit the sprawl of the AoC’s.
3.2
The concept of ‘containment’ evolved from the intent to restrain upon clusters of
predominantly industrial development located in areas ODZ. Most of these were
in existence prior to the enactment of the Structure Plan for the Maltese Islands.
The containment approach is also in line with concepts of sustainable
development, especially in terms of using resources (in this case land) efficiently.
This approach also takes the following into account:
a)
The recognition of areas where certain types of activities were taking
place for a long time and where permits were awarded on an ad hoc basis;
b)
The desire to consider and limit specified development interventions
within the designated boundary as indicated in the respective local plans;
c)
The acknowledgement that clear planning parameters (mainly in the form
of land use zoning, appropriate development densities/height limitation
and acceptable road alignments) needed to be established for such areas;
d)
The desire to undertake environmental and quality improvements in such
areas especially to make the economic activities in such areas, including
downgraded areas, more attractive and conducive to an efficient operation;
6
e)
To examine the various levels of commitment in such areas, to determine
the way forward and in particular whether specified interventions within
each AoC were deemed to require endorsement at ministerial or
parliamentary level.
Existing
Approved
Local
Plan
Policies
for
Areas
of
Containment
3.3
The existing approved Local Plans have given through the following policies
(refer to Table 1 below and Appendix 2) an initial direction for Areas of
Containment.
Table 1: Existing Approved Local Plan Policies for AOCs
Local Plan Policy
Local Plan
Policy CG05 Areas of Containment
Central Malta Local Plan (2006)
Policy CG16 Comprehensive Development Areas
Policy NWCM8 Areas of Containment
Policy
SMCM05
Areas
of
North West Local Plan (2006)
Containment
South Malta Local Plan (2006)
(Industrial/Commercial)
Way Forward
3.4
Following the approval of all the Local Plans by 2006 and the amendment of the
relevant legal framework, MEPA has initiated the detailed planning (land-use
zoning, building height limitations, road alignments and additional parameters) of
a number of highly committed Areas of Containment following Local Plan Policy
direction as follows:
Table 2: AoCs covered by a MEPA generated PC application
(situation in October 2011)
PC No.
Locality
Comments/Status
7
PC No.
Locality
Comments/Status
PC49/10
Bahar ic-Caghaq, Naxxar
PC50/10
Hal Mann, Lija
PC51/10
Tad-Daqqaq, Mosta
PC52/10
Triq L-Imdina, Qormi
PC53/10
Ta’ Ghar Ram, Qormi
PC54/10
Triq L-Imdina, Zebbug
PC55/10
Tal-Hlas, Zebbug
Validated and being processed. Phase
2 Public Consultation being followed.
Validated and being processed. Phase
2 Public Consultation completed.
Validated and being processed. Phase
2 Public Consultation completed.
Validated and being processed. Phase
2 Public Consultation being followed.
Validated and being processed. Phase
2 Public Consultation completed.
Validated and being processed. Phase
2 Public Consultation completed.
Awaiting MEPA Board approval.
Planning completed. MEPA Board
approved.
Awaiting
ministerial
endorsement.
4
Recommended Way Forward
4.1
In order to simplify and clarify the processing of development planning
applications on the existing identified Areas of Containment, a proposed Way
Forward is being recommended for consultation subject to the following
applicability criteria.
Applicability
4.2
The Way Forward shall be guided by the following:
1.
The spirit behind and requirements of the existing Local Plan Policies
guiding AoCs, including the relevant conditions and requirements (refer to
Appendix 2) will in general continue to apply;
2.
The guidance applies to Areas of Containment already identified in the
Local Plans and as delineated in the respective Local Plan Policy Maps. In
some instances, applicability may be interpreted to be extended to
similarly designated areas in Local Plans in Areas ODZ but may not be
applicable to Rural Settlements;
8
3.
Development requests should be justified on environmental and planning
grounds especially when this is coupled with the continued operation of an
existing legitimate concern. In certain cases a more suitable but
compatible replacement activity to an existing one may also be considered
if it respects the uses contemplated in the relevant LP policies;
4.
To consider AoC as preferential candidates in a site selection exercise for
uses contemplated to be located ODZ in terms of the application of
Structure Plan for the Maltese Islands Policy SET 12;
5.
All Areas of Containment can be considered suitable to accommodate
open air storage facilities as indicated in the policy guidance document on
Open Storage or its subsequent revisions if the proposal can be fitted on
site and if it is compatible with adjacent operations.
Policy Guidance for Consideration of Minor Development for
Legitimate Operations and Activities within AoC’s
4.3
MEPA has a number of pending requests for development within existing AoCs.
Many of these requests involve new development proposals in addition to existing
development. This implies that such requests would entail a substantial degree of
intensification of the existing use or a considerable increase in the development
density in an unplanned manner or beyond what is deemed acceptable given the
extant level of commitment. In the period till the future parameters of each AoC’s
are determined, these applications should be screened to check whether the
development
nature
and
extent
satisfies
the
requisites
indicated
in
Recommendations 1 and 2 in Section 4.8 as well as the other provisions
in the rest of this Way Forward.
9
4.4
The requests indicated in Section 4.3 include a number of proposals for
development that include minor interventions which either consolidate or upgrade
upon existing facilities. In most cases these minor requests for development
would not be deemed to compromise the future planning of the AoC, especially
when the intervention is envisaged to take place within a well defined curtilage of
where it involves a limited and acceptable extension over an established built
footprint. From an environmental and planning point of view, consolidation of
existing operations are considered to be beneficial, especially in instances where
these involve the accommodation of activities which cannot be easily located
within a residential environment. In the light of the above, MEPA encourages the
upgrading and more efficient operation of existing concerns within AoCs as long
as these are conducted in observance of existing approved legal environmental
and planning requirements.
General Criteria for Minor Development Proposals for the respective AoC’s
4.5
Development applications for minor development and/or modifications may be
favourably considered within AoC’s if all the following conditions are observed:
a)
The intervention is carried out strictly within the boundary of the AoC and
within the site curtilage of the existing operating concern within the
respective AoC;
b)
Any additional parking requirements resulting from the additional
development (if applicable) would need to be provided within the relevant
site curtilage. Both surface and underground parking options may be
considered and opportunities for creating additional onsite parking to
make up for the shortfall posed by the existing development shall be
encouraged. In the case of underground parking, the layout would need to
adopt an open plan approach with parking spaces not being planned as
individual garages. Payment of monies to the UIF or any other fund in-lieu
of on-site parking will not be permitted. If parking provision is not
10
sufficient, the proposed development would need to be curtailed
accordingly;
c)
Every opportunity should be sought to improve the general ambience of
the relevant AoC. This approach does not only lead to environmental and
planning benefits but also leads to a healthier and more pleasant working
environment and would enhance the market appeal of the area. Therefore
where possible measures should be implemented to create a more
interesting design whilst reducing visual, pollution and other deleterious
impacts. To this effect, better site edge treatment (including landscaping
and pleasant perimeter wall treatment) and other embellishment measures
would be strongly encouraged. Where a site abuts a rural area, the edge
treatment should take this consideration into account to achieve a more
suitable transition;
d)
Reduction of waste as well as re-use and recycling of materials and energy
would be strongly encouraged in proposals within AoC’s.
Building Height Limitation and Vertical Extensions
4.6
Until such time that the Planning parameters for the respective AoC’s are
established, the following guidance for building height limitation and vertical
extension considerations shall be applicable:
a)
The resulting overall building height shall not normally exceed the
existing (2011) predominant building heights in the respective AoC unless
there are overriding environmental/planning considerations and clear
justifications that suggest minor departures to this effect.
b)
The resulting building height should not normally exceed 9.4 m from
street level, and generally follow the DC 2007 Policy and Design
Guidance
(or
its
subsequent
equivalent
replacement
document)
requirements;
11
c)
the use of the extension is clearly demonstrated to be essential,
complementary and directly related to the main permitted underlying use;
d)
Separate access to vertical extensions will not be permissible;
e)
the design shall represent a positive aesthetic enhancement on the current
situation;
f)
until such time that the planning parameters for the respective AoC are
determined, any vertical extension awarded development permission
would be a one time concession and further vertical extensions would not
be entertained in the same development footprint.
g)
No penthouse development will be permitted.
h)
Stairwells, lift and plant rooms only may be considered above the height
limitation as per Section 4.6 para (b) above in accordance with the
relevant development control and policy guidance unless there are other
strong or justified overriding reasons that preclude such development on
roof.
Horizontal Extensions to Existing concerns
4.7
Until such time that the Planning parameters for the respective AoC’s are
established, the following guidance for horizontal extensions to existing
legitimate concerns shall be applicable:
a)
Small scale horizontal extensions may only be considered in instances
where the land use proposed is clearly demonstrated to be complimentary,
ancillary and directly related to the main permitted use;
b)
Small scale horizontal extensions are normally interpreted to mean
whichever is the lower of 500sqm or 10% of the permitted building
footprint;
12
c)
The development of infills and gaps between existing buildings is
normally preferred where such a possibility exist as this would often lead
to the screening of unsightly party walls;
d)
The design should represent a positive aesthetic enhancement on the
current situation;
e)
in cases where development directly faces the AoC boundary, a minimum
of 3 metre green strip would be required, provided that this can be
achieved and there are no other underlying reasons for exception.
Underground development below the 3 metre green strip may be
considered by MEPA however this development is to be totally below
surface street or site level.
Recommendations
4.8
The following procedures are recommended to establish the planning parameters
for AOCs:
4.8.1
Recommendation 1:
Establishing Planning Parameters through the Planning Control (PC)
Application Process
The AoC’s listed in Table 5.2 of Appendix 1 are deemed by MEPA to be
highly committed by existing / permitted buildings to the extent that they qualify to
have their planning parameters established comprehensively through the provisions
of Article 59 of Act X of 2010 and follow the process as set out in LN 71 of 2007
and therefore do not require to be submitted to a Structure Plan Review process.
Within this group of AoCs, the planning of a totally separate sub-area within the
designated AoC may only be considered if the relevant sub-area is totally bisected
by an existing (schemed) road carriageway or carriageways.
13
For a number of AoCs listed in Section 3, Table 2 (p.7-8) of this document,
MEPA has already generated a PC application on its own motion. For the rest of the
areas which qualify under the same legal parameters, an applicant generated PC
application is envisaged to be generated by the owners of the respective sites in line
with the procedure and requirements set out in LN71/2007.
4.8.2
Recommendation 2:
Way Forward for AoC’s qualifying for the establishment of Planning
Parameters through the Structure Plan Review Process
AoCs listed in Table 5.3 of Appendix 1 are identified as not being sufficiently
committed to be processed as per procedure in Recommendation 1 in Section
4.8.1 above and are deemed to qualify for a Partial Structure Plan Review.
However these AoCs can be recommended for:
•
Future land requirements for Open Air Storage facilities following the
approval of the updated Open Storage Planning Guidance and its
subsequent revisions; or
•
As preferential candidates in a site selection exercise for uses
contemplated to be located ODZ in terms of Structure Plan Policy SET 12
especially in cases contemplating the provision of nationally important
proposals; or
•
Considerations of proposals that are justified as providing benefits from
the further consolidation of land uses of legitimate operating concerns or
upgrading of such a legitimate operating concern.
Similarly to Recommendation 1 in Section 4.8.1 above, within this group of
AoCs, the planning of a totally separate sub-area area within the designated AoC
may only be considered if the relevant sub-area is totally bisected by an existing
(schemed) road carriageway or carriageways. If part of such a bisected area is
heavily committed, then consideration may be given to whether it qualifies to have
14
its
planning
parameters
determined
under
the
regime
indicated
in
Recommendation 1 in Section 4.8.1.
A group of sites lying ODZ which are not AoC’s have also been delineated in Local
Plans by a boundary with proposed development parameters which are not related
to those for ODZ settlements. The respective local plans have stipulated that these
development parameters will only come into force following a Structure Plan
Review. Given that most of these sites are already heavily committed and that there
would be limited value in further establishment of planning parameters, it is
recommended
that
of
the
relevant
provisions
of
this
Way
Forward
recommendations in this document could also be applicable to the above mentioned
sites provided that their application does not unduly compromise the thrust of the
respective local plan policies.
15
5
APPENDICES
Appendix 1
TABLE 5.1
List of AoC’s
Area
Locality
Map
LP
Policy
Triq l-Imdina
Ghar Ram
Tad-Daqqaq
Bahar ic-Caghaq
Hal Mann
Handaq South
Tal- Qares
Triq il-Mosta
Handaq North
Tas-Sriedek
Tal-Balal
Triq Burmarrad Area of Mixed Use
GH1 Triq tal-Barrani
GH2 Triq tal-Barrani
GH3 Triq ic-Cimiterju
GH4 Triq Birzebbuga
GH5 Triq Birzebbuga
KI1 Triq L-Industrija
LU1 Triq il-Belt Valletta, Tal-Bandieri
LU2 Triq il-Belt Valletta, Tal-Bandieri
MA1 Triq Valletta
QR1 Triq Siggiewi
SI1 Triq Hal Farrug
ZA1 Triq il-Mina ta’ Hompesch
ZA2 Triq San Leonardu
ZG1A Triq L-Imdina
ZG1D Triq L-Imdina
ZG1C Triq L-Imdina
ZG1B Triq L-Imdina
ZG2 Triq L-Imdina
ZG3 Triq Notabile
ZN1 Triq tal-Barrani
ZN1 Triq tal-Barrani
ZU1 Triq Valletta
ZU2 Triq Valletta
Qormi
Qormi
Mosta
Naxxar
Lija
Qormi
Mosta
Naxxar
Qormi
Mosta
Iklin
Burmarrad
Ghaxaq
Ghaxaq
Ghaxaq
Ghaxaq
Ghaxaq
Kirkop
Luqa
Luqa
Mqabba
Qrendi
Siggiewi
Zabbar
Zabbar
Zebbug
Zebbug
Zebbug
Zebbug
Zebbug
Zebbug
Zejtun
Zejtun
Zurrieq
Zurrieq
CMLP (2006) Map QOB2
CMLP (2006) Map QOB2
CMLP (2006) Map MOB5
CMLP (2006) Map NAB6
CMLP (2006) Map MOB5
CMLP (2006) Map QOB3
CMLP (2006) Map MOB7
CMLP (2006) Map NAB5
CMLP (2006) Map QOB3
CMLP (2006) Map MOB6
CMLP (2006) Map IKB5
NWLP (2006) Map 45A
SMLP (2006) Map AC4
SMLP (2006) Map AC4
SMLP (2006) Map AC4
SMLP (2006) Map AC4
SMLP (2006) Map AC4
SMLP (2006) Map AC1
SMLP (2006) Map AC1
SMLP (2006) Map AC1
SMLP (2006) Map AC1
SMLP (2006) Map AC3
SMLP (2006) Map AC2
SMLP (2006) Map AC3
SMLP (2006) Map AC5
SMLP (2006) Map AC2
SMLP (2006) Map AC2
SMLP (2006) Map AC2
SMLP (2006) Map AC2
SMLP (2006) Map AC3
SMLP (2006) Map AC3
SMLP (2006) Map AC4
SMLP (2006) Map AC4
SMLP (2006) Map AC1
SMLP (2006) Map AC1
CG05
CG05
CG05
CG05
CG05
CG05
CG05
CG05
CG05
CG05
CG05
NWCM8
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
16
Table 5.2
AoC’s whose planning parameters can be determined through Article 59 of Act
X of 2010 and LN71/07
Area
Locality
Triq l-Imdina
Ghar Ram
Tad-Daqqaq
Bahar ic-Caghaq
Hal Mann
GH4 Triq Birzebbuga
GH5 Triq Birzebbuga
LU2 Triq il-Belt Valletta, Tal-Bandieri
ZG1C Triq L-Imdina
ZG1D Triq L-Imdina
ZG2 Triq L-Imdina
Triq Burmarrad Area of Mixed Use 1
Qormi
Qormi
Mosta
Naxxar
Lija
Ghaxaq
Ghaxaq
Luqa
Zebbug
Zebbug
Zebbug
Burmarrad
1.
2.
Map
CMLP (2006) Map QOB2
CMLP (2006) Map QOB2
CMLP (2006) Map MOB5
CMLP (2006) Map NAB6
CMLP (2006) Map MOB5
SMLP (2006) Map AC4
SMLP (2006) Map AC4
SMLP (2006) Map AC1
SMLP (2006) Map AC2
SMLP (2006) Map AC2
SMLP (2006) Map AC3
NWLP (2006) Map 45A
Policy
CG05
CG05
CG05
CG05
CG05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
NWCM8/
NWSP26
Site would require a PC application if owner opts to amend the planning parameters indicated in
NWLP policy NWSP26.
Site at Tas-Sriedek, Mosta required to follow Partial Local Plan Review as per article 58of Act X
of 2010.
17
Table 5.3
AoC’s deemed to require a Structure Plan Review
Area
Locality
Map
Policy
Handaq South
Triq il-Mosta
Handaq North
Tal-Balal2
Tal- Qares
GH1 Triq tal-Barrani
GH2 Triq tal-Barrani
GH3 Triq ic-Cimiterju
KI1 Triq L-Industrija
LU1 Triq il-Belt Valletta, Tal-Bandieri
MA1 Triq Valletta
QR1 Triq Siggiewi
SI1 Triq Hal Farrug
ZA1 Triq il-Mina ta’ Hompesch
ZA2 Triq San Leonardu
ZG1A Triq L-Imdina
ZG1B Triq L-Imdina
ZG3 Triq Notabile
ZN1 Triq tal-Barrani
ZN1 Triq tal-Barrani
ZU1 Triq Valletta
ZU2 Triq Valletta
Qormi
Naxxar
Qormi
Iklin
Mosta
Ghaxaq
Ghaxaq
Ghaxaq
Kirkop
Luqa
Mqabba
Qrendi
Siggiewi
Zabbar
Zabbar
Zebbug
Zebbug
Zebbug
Zejtun
Zejtun
Zurrieq
Zurrieq
CMLP (2006) Map QOB3
CMLP (2006) Map NAB5
CMLP (2006) Map QOB3
CMLP (2006) Map IKB5
CMLP (2006) Map MOB7
SMLP (2006) Map AC4
SMLP (2006) Map AC4
SMLP (2006) Map AC4
SMLP (2006) Map AC1
SMLP (2006) Map AC1
SMLP (2006) Map AC1
SMLP (2006) Map AC3
SMLP (2006) Map AC2
SMLP (2006) Map AC3
SMLP (2006) Map AC5
SMLP (2006) Map AC2
SMLP (2006) Map AC2
SMLP (2006) Map AC3
SMLP (2006) Map AC4
SMLP (2006) Map AC4
SMLP (2006) Map AC1
SMLP (2006) Map AC1
CG05
CG05
CG05
CG05
CG05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
SMCM05
18
Appendix 2
AoC - Local Plan Policies
Central Malta Local Plan (2006) Policies
CG05
Areas of Containment
MEPA designates Areas of Containment in Iklin, Lija, Mosta, Naxxar and Qormi
within which permitted development will be carried out strictly within the
boundaries as designated in the relevant Planning Control Maps in Volume 3;
Part B of this Plan.
Following the approval of this plan MEPA will on a case by case basis review
industrial and commercial operations within such Areas of Containment, and
identify acceptable operations within such areas together with required road
layouts. Mitigation measures are to be implemented on the selected sites to
reduce negative impacts in the form of comprehensive schemes to upgrade the
visual elements of these areas, which would include landscaping and other
embellishment measures, as well as the provision of adequate common parking
areas.
Pending the finalization of this review, MEPA will only consider the change of use
and/or minor alterations to existing buildings within the designated Areas of
Containment provided that all the following conditions are adhered to;
1.
The use of the proposed development will be similar to any use already
existing and permitted within the Area of Containment. However, if the
proposed use is not considered to be desirable, then MEPA will consider a
more acceptable alternative use;
2.
Compliance with any required mitigation measures that may be identified
during the assessment process of the proposed development;
3.
It is demonstrated to the satisfaction of MEPA that no deleterious impacts
will result from the proposed development on existing uses in the vicinity of
the site; and
4.
Particular attention will be given to the design of the proposed
development so as to ensure that visual impacts will be mitigated.
The provisions of Policy CG16 are also applicable to sites that are designated as
CDAs.
19
3.3.14
The existing industrial and commercial developments designated by this
policy constitute urban development which is undesirably located
outside development zone. All these developments should ideally have
been planned within the Limits to Development and not in their present
location outside development zone. Notwithstanding this, the relocation
of these areas would be too difficult and costly a task, and is therefore
not considered to be a feasible option. These existing built up areas are
therefore being designated as Areas of Containment in order to prevent
their further outward expansion. As far as possible the boundaries of the
designated areas have been delineated to provide an appropriate
building depth and block layout thereby improving the current irregular
layouts.
CG16
Comprehensive Development Areas
The Area Policy Maps covering the following Areas of Containment indicate sites within
which development is to be planned as Comprehensive Development Areas (CDAs) in
accordance with the provisions of this policy. The provisions of Policy CG05 are also
applicable to the CDAs.
Location
Tal-Balal, Iklin
Tal-Qares, Mosta
Tal-Handaq, Qormi
Planning Control Map
IKB5
MOB7
QOB3
Development within each designated CDA shall be subject to the following
conditions;
1)
2)
3)
Comprehensive development covered by a single development
application for every CDA as designated in the relevant Area Policy Maps.
This comprehensive development is to be carried out on a
design/build/manage binding agreement with Government. However this
development can be phased subject to MEPA approval.
Compliance with all existing legislation and regulations with particular
reference to the Cultural Heritage Act 2002;
Adequate provision within the site curtilage of every CDA for;
a.
b.
c.
d.
e.
f.
g.
Common administration and support services;
Common parking areas for both employees and visitors;
Adequate circulation space for heavy vehicles;
Common landscaped areas complying with the MEPA’s Guidelines on
Trees, Shrubs and Plants for Planting and Landscaping in the Maltese
Islands (2002);
Common recreational facilities e.g. canteen;
Common waste management facilities e.g. waste skip area; and
Adequate infrastructure services including water catchment facilities.
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4)
5)
6)
7)
8)
9)
These requirements will be applied flexibly by MEPA for sites with less than
5000 sq m site area.
Maximum site coverage of 60% (excluding common facilities);
In the case of development for industry, the floor space for each microenterprise unit should not be less than 120 sq m and preferably not exceed
200 sq m, depending on the nature of the activity;
Compliance with any required mitigation measures that may be identified
during the assessment process of particular planning applications;
Before the commencement of the development archaeological field
evaluation works may be carried out as approved in advance by the
Superintendence of Cultural Heritage;
Adequate bank guarantees will be levied to ensure compliance with permit
conditions especially in relation to archaeological field evaluation works;
and
Reasonable financial or other material contributions for a specific project as
a planning gain aimed towards environmental enhancement.
3.5.11
As highlighted during consultations with the relevant agencies, areas of
containment especially those hosting industrial activities are facing a
number of problems that include the haphazard provision of common
services including a lack of parking provision, inadequate internal
circulation and servicing areas, poor quality design of buildings, a poor
working environment, a lack of pollution controls including noise and air
pollution, and no attempt at screening and landscaping.
3.5.12
A major factor that has contributed to this existing situation is the
piecemeal industrial development that has occurred in the past.
Continued piecemeal development on relatively large industrial sites
located outside development zone (ODZ) therefore needs to be
checked through the implementation of CDAs. The criteria listed in this
CDA policy ensures that the above-mentioned problems are avoided in
major new industrial development ODZ. The need for the
comprehensive planning of relatively large industrial sites is also essential
to promote a higher standard in project design, layout, finishing and
servicing.
North West Local Plan (2006) Policy
NWCM 8
Areas of Containment
The Local Plan designates Areas of Containment in the following localities:
Burmarrad.
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The boundary of this Area of Containment is shown on Area Policy Maps 45 and
45A.
MEPA has reviewed industrial and commercial operations within this Area of
Containment and has prepared a comprehensive scheme, as indicated in policy
NWSP 26, identifying the range and scale of acceptable uses, mitigation
measures to reduce negative impacts, the provision of adequate common
parking areas, and access improvement schemes.
7.2.15
The existing industrial and commercial developments designated by this
policy constitute urban development which is undesirably located
outside development zone. All these developments should ideally have
been planned within the Limits to Development and not in their present
location outside development zone. Notwithstanding this, the relocation
of this area would be too difficult and costly a task, and is therefore not
considered to be a feasible option. This existing built up area is therefore
being designated as an Area of Containment in order to prevent its
further outward expansion. As far as possible the boundaries of the
designated areas have been delineated to provide an appropriate
building depth and block layout thereby improving the current irregular
layouts.
NWSP 26
1.1.1 Area of Mixed Uses
In line with general policy NWCM 8 - Areas of Containment, MEPA will favourably
consider development (new development, extensions and changes of use) on
the site indicated on Map 45, as further detailed on Map 45A, provided that:
(i)
(ii)
(iii)
(iv)
A comprehensive scheme is submitted preferably for the whole
site. MEPA will consider piecemeal development for sites A, B
and C, only as indicated on Map 45A;
Any built structures are preferably located as indicated on Map
45A, do not, generally, exceed a height of one floor, and do
not create more than 4,200 sqm of floor space above ground
level distributed as follows: Site A – 2,500sqm; Site B – 1,300 sqm,
Site C – 400sqm;
The land uses within the built structures may include a mix of the
following: vehicle repairs and maintenance, storage, and
showrooms as main uses, and retail and administrative offices as
an ancillary facility to the main uses, provided adequate safety
and mitigation measures, as identified by MEPA, for the
industrial uses are included. New residential units will not be
allowed but those covered by development permission may be
retained as part of the comprehensive schemes required under
(i) and thresholds identified under (ii) are not exceeded;
The design of the buildings must take into account the rural
context of the site and seek to minimise impacts on long
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(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
18.3.5
distance views but innovative utilisation of modern materials will
be favourably considered;
A landscaped green belt is included as indicated on Map 45A
with a minimum width of 5m, thickening at the southern tip of
the site, as part of a landscaping scheme for the site. Any solid
boundary walls enclosing this green belt should not be higher
than 1.20m;
Landscaped car parks preferably located as indicated on Map
45A to accommodate parking requirements for visitors and
employees generated by the different uses according to
established parking standards;
Open yards for the storage of heavy vehicles are preferably
located as indicated on Map 45A and are to be well screened
from views on the approach road and from views from the
nearby urban and rural settlements;
The current design of the junction between Triq Qannotta and
Triq Burmarrad is reviewed as part of the overall scheme or as
part of the scheme for Site C with the aim to safeguard existing
mature trees, minimise take-up of agricultural land and achieve
a suitable and safe access to Site C. The site zoned as a green
area in the 1988 Temporary Provisions Scheme may be
incorporated within the redesigned junction;
The design of the access to Sites A and B is safe and takes into
account the status of Burmarrad Road. No direct access to
buildings with a frontage onto Burmarrad Road will be allowed;
The current yard for heavy vehicles located opposite the Site A
to the east is closed down and the site rehabilitated for
agricultural use;
Developers would be required to fund, in proportion to the land
holdings, the implementation of the re-designed junction
indicated on Map 45A as planning gain.
This area (17,330sqm), located on Burmarrad road, to the north of the village of
Burmarrad, has undergone an incremental transformation over an extended
period of time from a rural area with a few farms to a fully fledged,
predominantly commercial area. The predominant activities are a yard for heavy
vehicles together with ancillary vehicles’ maintenance and small-scale retail, a
building materials contractor yard and garages for vehicle repairs and
maintenance. A poultry farm, a remnant of the original uses, is still operating on
the site and at least three residential units are also located within the site
boundary. The storage for heavy vehicles has also spread across Burmarrad
Road into the open countryside. Besides the visual eyesore created by the
parked heavy vehicles, cars and car parts stacked even on the roofs of the
buildings and dominant boundary walls, a serious traffic hazard has been
created with direct accesses into the yards from the distributor road and display
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of vehicles for sale throughout most of the property frontage on Burmarrad
Road.
18.3.6
The case history of the site, up to July 2003, revealed a complex situation of
permissions dating back from 1965 related to agricultural activities, garages and
boundary walls, residential blocks with ground floor industrial garages, to the
most recent decision by the Planning Appeals Board in June 2003 to allow one
residential unit on top of a two-storey commercial building. Additionally a
considerable number of enforcement notices dating from 1996 related to
changes of use to industrial, retail and office uses, excavation works and
construction of new buildings for warehouses and commercial garages, have
been issued on the site.
18.3.7
Following the publication of the Plan, which had not made any proposals for the
area, submissions were made by the public on the need for the Plan to address
the situation of this site. This policy acknowledges the current status of the site
for a range of mixed uses, dominated by display of goods (vehicles), storage
(heavy vehicles), and industrial (vehicle repairs and maintenance) with ancillary
retail and office uses. It seeks to address the adverse impacts which the current
situation has created i.e.
(i)
Traffic hazards;
(ii)
Visual impacts;
(iii)
Uncontrolled expansion of industrial uses onto agricultural land;
by requiring comprehensive development schemes for the whole site, or large
portions of it; restricting the development to the defined footprint; restricting the
scale of activities (the thresholds in the policy reflect the current permitted floor
space in the built structures); requiring a landscaping scheme, car-parking
provision, safe access points, the rehabilitation of a site on the other side of
Burmarrad Road; and planning gain for the implementation of mitigation
measures.
18.3.8
MEPA prefers a comprehensive scheme for the redevelopment of the whole or
of the portions identified in MAP 45A but proposals which retain, reuse and
improve the existing buildings will also be considered provided the criteria set
out by this policy are still complied with. The policy does not consider that
residential units are compatible with the predominantly industrial and
commercial character of the site and such uses are not to be included in any
comprehensive redevelopment scheme for the area identified by the policy.
However, should the developers opt to retain the existing buildings, as part of
the comprehensive schemes, only the residential units permitted under planning
applications PA 2153/97, PA 4781/98 and PA 5146/99, will be accepted,
provided the residential floor space forms part of the thresholds in criterion (ii)
of the policy.
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South Malta Local Plan (2006) Policy
SMCM 05
Areas of Containment (Industrial and Commercial)
MEPA designates the following Areas of Containment within which permitted
development will be carried out strictly within the designated boundaries as
indicated in the relevant Inset Maps.
Tal-Bandieri, Triq il-Belt Valletta
Triq l-Industrija
Triq Valletta
Triq Valletta
Mdina Road
Triq Hal Farrug
Triq is-Siggiewi
Mdina Road (Ta’ Srina)
Triq il-Mina ta’ Hompesch
Notabile Road
Triq ic-Cimiterju
Tal-Barrani Road
Triq Tal-Barrani
Triq Birzebbuga
Triq San Leonardo
Luqa
Kirkop
Mqabba
Zurrieq
Zebbug
Siggiewi
Qrendi
Zebbug
Zabbar
Zebbug
Ghaxaq
Ghaxaq
Zejtun/Ghaxaq
Ghaxaq
Zabbar
Map AC 1
Map AC 1
Map AC 1
Map AC 1
Map AC 2
Map AC 2
Map AC 3
Map AC 3
Map AC 3
Map AC 3
Map AC 4
Map AC 4
Map AC 4
Map AC 4
Map AC 5
Following the approval of this plan MEPA will on a case by case basis review
industrial and commercial operations within such areas of containment, identifying
acceptable operations within such areas together with required road layouts.
Mitigation measures are to be implemented on the selected sites to reduce
negative impacts in the form of comprehensive schemes to upgrade the visual
elements of these areas, which would include landscaping and other
embellishment measures, as well as the provision of adequate common parking
areas.
Pending the finalization of this review MEPA will only consider the change of use
and/or minor alterations to existing buildings within the designated Areas of
Containment provided that all the following conditions are adhered to;
1.
The use of the proposed development will be similar to any use already
existing and permitted within the Area of Containment. However, if the
proposed use is not considered to be desirable, then MEPA will consider a
more acceptable alternative use;
2.
Compliance with any required mitigation measures that may be identified
during the assessment process of the proposed development;
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3.
In cases of redevelopment or new development in sites fronting arterial roads
or approaches to settlements a buffer of at least 8 metres from the road
alignment is to be provided.
3.
It is demonstrated to the satisfaction of MEPA that no deleterious impacts will
result from the proposed development on existing uses in the vicinity of the
site; and
4.
Particular attention will be given to the design of the proposed development so
as to ensure that no adverse visual impacts are created.
5.4.8
Various industrial/commercial operations, having the required development
permits, have sprouted in the countryside mainly in the form of batching
plants and warehousing and other industrial activity as well as showrooms.
Whilst the general strategy is to direct such activity to appropriate areas,
nonetheless, these areas have been granted development permits in the
past that cover the use of the site for industrial and commercial related
activity. Nonetheless, during subsequent years additional works have been
carried out on site which might not be covered by a permit and are subject
to enforcement action or development application which are still being
processed. It would not be ideal for the local plan to designate such areas,
however, the designation of boundaries for committed areas/uses are to be
determined after a careful review of each site.
26