Policy and Design Guidance
AGRICULTURE,
FARM DIVERSIFICATION
AND STABLES
REVISED
July 2004
Rural Environment Series
POLICY AND DESIGN GUIDANCE
AGRICULTURE, FARM
DIVERSIFICATION AND STABLES
REVISED
July 2004
Version 6, July 2004
CONTENTS
Introduction
The Structure of this Document
Form and Use of the Policies
The Policy Justification or Explanation
Relationship to Other Policies and Environmental Regulations
Review of this Document
1
1
2
2
2
2
Part 1 Farm Dwellings and Agricultural Buildings
3
1.1
1.2
Introduction
Context
The role of agriculture
The Rural Development Plan
Current planning policy context – Structure Plan
Current planning policy context – Local Plans
Agriculture and biodiversity
Flora, Fauna and Natural Habitats Protection Regulations, 2003
1.3 Farm Dwellings for Livestock Farmers
1.4 Farm Dwellings for Arable Farmers and Other Growers
1.5 Agricultural Buildings for Livestock Farming
1.6 Agricultural Buildings for Storage for Arable Farming
1.7 Agricultural Buildings – Greenhouses
1.8 Agricultural Structures – Reservoirs and Pump Rooms
1.9 Land Reclamation
1.10 Wineries
1.11 Olive Oil Production
1.12 Buildings for Other Forms of Agriculture
Part 2 Farm Diversification
2.1
2.2
2.3
2.4
2.5
Introduction
Context
The Rural Development Plan
The Structure Plan
Agriculture and biodiversity
Flora, Fauna and Natural Habitats Protection Regulations, 2003
Visitor Attractions
Farm Retail Outlets
Horse Riding Establishments
Part 3 Stables
3.1
3.2
3.3
Introduction
Context
The Structure Plan
Flora, Fauna and Natural Habitats Protection Regulations, 2003
Policy for Stables
Part 4 Design Guidelines - Farm Dwellings and Agricultural Buildings
4.1
Introduction
Version 6, July 2004
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3
3
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4
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6
7
8
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14
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39
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44
48
48
48
48
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49
54
54
4.2
4.3
4.4
4.5
4.6
Siting
Grouping and Layout
Building Forms
Materials, Textures and Colour
Landscaping
54
54
54
55
55
Appendix 1 : Information Requirements for Applications
Farm Dwellings for Livestock Farmers
Agricultural Buildings for Livestock Farming
Agricultural Buildings for Storage for Arable Farming
Agricultural Buildings – Greenhouses
Agricultural structures – reservoirs and pump rooms
Wineries or Olive Oil Production
Buildings for Other Forms of Agriculture
Visitor Attractions
Farm Retail Sales
Horse Riding Establishments
Stables
56
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56
58
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60
60
60
61
62
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63
Appendix 2 : Requirements for Environmental Impact Assessment
Recreation and Sporting Facilities and Activities
Land Reclamation and Water Management
Livestock
Greenhouses and Protected Crops
64
64
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66
Version 6, July 2004
INTRODUCTION
INTRODUCTION
0.1
This is a revised version of the Policy and Design Guidance on Farmhouses
and Agricultural Buildings approved in February 1994 which
o
o
o
o
o
0.2
takes account of changes in the agricultural industry which have
brought about pressures for new or different forms of agricultural
development;
gives policy guidance for some forms of development and issues not
considered in the original document;
takes account of EU requirements and emerging Government policy on
agriculture, including the Rural Development Plan (RDP) and the
concept of ‘integrated rural development’;
has regard to the more detailed information which has become
available as a result of the initial stages of the Structure Plan Review;
and
takes account of the policy approaches in the emerging Local Plans.
The Structure of this Document
The document is in four Parts. In Part 1 the focus is on agricultural buildings
and structures and on dwellings for farmers. Following a discussion of the
strategic policy context, specific policies are set out for
o
Farm Dwellings for livestock and arable farmers
o
Agricultural Buildings and Structures
• livestock farming – for livestock or associated storage
• arable farming – for storage
• greenhouses
• reservoirs and pump rooms
• buildings for other forms of agriculture
o
Land Reclamation
o
Wineries and Olive Oil production
0.3
The second Part considers farm diversification, particularly in the context of
the emerging Rural Development Plan, and sets out policies for specific forms
of development, including visitor attractions, farm sales and horse riding
establishments.
0.4
Part 3 provides a policy context for horse stables, which, although not a form
of development related to agriculture, are often proposed on agricultural land.
0.5
Finally, Part 4 contains detailed design guidance which covers a range of
matters, including siting; grouping and layout; building form; materials,
textures and colours; and landscaping.
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INTRODUCTION
0.6
0.7
0.8
0.9
Form and Use of the Policies
In Parts 1, 2 and 3, the policies are set out in bold. Each policy contains a
range of criteria against which proposals should be assessed. These criteria
are broadly grouped into, first, mandatory requirements directed to the
eligibility, ‘qualification’ for, or need for, the form of development, and for it to
be located on the site applied for; second, locational prerequisites and
constraints (areas, sites or locations where the development should or should
not be located); and lastly those requirements concerned with the details of
the development such as design, access, infrastructure and landscaping.
Whilst it may be possible for the applicant to amend a proposal so that it
meets the requirements of the last of these, non compliance with the other
two groups of criteria means that the proposal is unacceptable.
The Policy Justification or Explanation
The policies are accompanied by a justification which describes the policy
objectives and gives an explanation of the policy where necessary. This text
also provides further guidance on how some of the criteria or their
requirements are to be applied or assessed.
Most of the policies make reference to either MEPA or the Authority. In the
context of this policy guidance document, the terms MEPA and Authority refer
to the Malta Environment and Planning Authority.
Relationship to Other Policies and Environmental Regulations
The policies in this document amplify or modify the policies in Sections 7 and
8 of the Development Control Policy and Design Guidance ‘Development
Outside Built Up Areas’, and so, where appropriate, the two documents
should be read together. Where there is a difference in the guidance on a
specific form of development, then, for the forms of development in this
document, it takes precedence. Other Supplementary Planning Guidance
documents apply as relevant.
0.10
As noted, account has been taken of emerging Local Plans. Where a Local
Plan offers specific policy guidance on a form of development covered in this
policy document, the Local Plan policy/guidance takes precedence.
0.11
Apart from the policies in this document, as well as Local Plans, proposed
developments addressed in Parts 1 to 3 of this document must also meet the
requirements of environmental regulations, issued under the Environment
Protection Act of 2001. Environmental regulations are accessible from the
Malta Environment and Planning Authority website: www.mepa.org.mt.
0.12
Review of this Document
MEPA will monitor the operation and implementation of the policies and will
periodically review them to ensure that they remain up to date and effective.
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PART ONE
PART 1 FARM DWELLINGS AND AGRICULTURAL BUILDINGS
1.1
INTRODUCTION
1.1.1
This Part first outlines the general context for farm dwellings and agricultural
buildings by looking briefly at the role and structure of agriculture, at the policy
context provided by the RDP and the Structure Plan, and at the requirements
of the Flora, Fauna and Natural Habitats Protection Regulations, 2003 (L.N.
257 of 2003). It then sets out policies on dwellings for farmers and on
buildings and structures directly related to agricultural production.
1.2
CONTEXT
1.2.1
1.2.2
1.2.3
The role of agriculture
Although agriculture makes only a small contribution to the Gross Domestic
Product, it is the largest single land use and a major contributor to the
environmental character and quality of the rural landscape and, in
consequence, is of indirect importance to recreation and tourism. Its products
provide a certain degree of self sufficiency, whilst it provides a full or part time
livelihood for a significant number of people, contributing to the rural economy
and to the maintenance of rural communities. In short, agriculture has
multiple functions and a value beyond its limited economic role. This is
recognised in the Government’s emerging policy for agriculture and rural
areas, the Rural Development Plan, which seeks to encourage a
multifunctional agriculture within a wider framework for integrated rural
development to achieve the sustainable development of rural Malta.
Agricultural production faces a number of constraints including the loss of
agricultural land, an ageing workforce, a lack of water resources,
unsatisfactory climatic conditions, fragmentation of land ownership and a
decrease in full time farmers.
The Rural Development Plan
The Rural Development Plan (draft June 2002)1 forms the basis of the
Government’s emerging national and rural countryside policy; with its main
purpose the integrated mobilisation of the resources of the agricultural and
rural communities to ensure the sustainable growth of the rural economy and
the improvement of the rural way of life. It identifies four Priority Areas for
action and a set of measures to achieve each priority objective; given the
interdependent and interrelated nature of the Priorities, though, these
measures may contribute to more than one Priority Area or Axis. These
Priorities are
•
•
•
•
Modernise holdings with respect to quality and competitiveness to offer
more differentiated higher quality products and services to consumers and
tourists
Promote environmentally friendly production methods in line with the rural
heritage
Diversify and develop the multifunctional role of rural enterprises
Successfully implement the RDP
1
The Rural Development Plan is still in draft form and therefore, it is subject to
revision/updating as necessary. Once finalised, the Rural Development Plan may also be
subject to periodical reviews.
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PART ONE
These Priorities encapsulate the strategic thrust of the Plan, although it is,
perhaps, the proposed sets of measures which have most direct relevance to
the formulation of land use planning policy, and hence to the central concerns
of this document.
1.2.4
For the first Priority Axis, the measures centre around aid for investment by
farmers/producers in farm business and holdings, and improved marketing
and promotion of high quality products and the exploitation of emerging niche
food and craft markets. In addition to improvements for direct production,
through building refurbishment and new equipment for example, it is
proposed to aid investment for certain on-farm processing (like wine or oil) as
well as direct sales.
1.2.5
The second Priority Axis seeks to promote environmentally friendly production
methods and other activities which are compatible with the protection and
improvement of the environment, the landscape and its features, natural
resources, the soil and genetic diversity. In essence, it introduces the concept
of rural stewardship with the key measure for implementation being
management agreements, including what is described as a Whole Farm
Conservation Plan and the undertaking of a basic level of environmental
stewardship. The objectives include encouraging an increased level of
environmental awareness, reducing soil erosion, maintaining and restoring
characteristic landscape features and increasing biodiversity.
1.2.6
At the core of the third Priority Axis is the notion of farm diversification; a
broadening of the rural economy beyond its traditional role of food production,
through encouragement for a range of other farm based activities, including
recreational, tourist and craft activities, to develop a multifunctional system.
Measures include the promotion of the production and direct sale of products
and crafts; refurbishing redundant rural resources (disused/dilapidated
farmhouses and agricultural buildings), upgrading existing craft related and
cultural heritage attractions and promoting new visitor attractions; etc., in part
through aid for investment in infrastructure, buildings and facilities.
1.2.7
As the measures in the RDP are implemented, pressure for farm enterprise
developments of varying kinds will increase, slowly diversifying rural activities
and leading to a gradual transformation and strengthening of the rural
economy and to a qualitative improvement of the rural environment.
1.2.8
1.2.9
Current planning policy context – Structure Plan
The Structure Plan strategy for agriculture, in acknowledging the constraints
on production, seeks to protect and support the agricultural industry by giving
general encouragement to agriculture and recognising particular agricultural
structures and buildings, including dwellings for farmers, as normal and
legitimate in the countryside, whilst aiming to mitigate the potential
environmental and other impacts of agricultural development.
This approach to agricultural development needs to be placed within the
broad Structure Plan strategy to channel development activity into urban
areas, constrain the take-up of undeveloped land and improve the
environmental quality of rural areas.
Structure Plan policy SET 11
implements this strategy by prohibiting urban development in the countryside,
to retain the different character of rural and urban areas, and by permitting
only specified categories of non urban development, including farmhouses
and other genuine agricultural buildings. However, “… the provision of such
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PART ONE
structures must be controlled in order to preserve and enhance the
environmental quality of the countryside”.
1.2.10 Structure Plan Policy AHF 5 indicates how this aim should be attained and
provides the policy direction for agricultural buildings
Buildings and structures essential to the needs of agriculture will be
permitted in the countryside. They will however either blend with the
rural landscape through the use of random rubble, or be hidden from
view. This includes irrigation works and other utilities structures. In
addition:
1
2
3
4
5
Least good quality agricultural land will be used where this is
feasible, with a presumption against the use of land irrigated from
naturally occurring sources of water
Locations must be acceptable in terms of noise, smell and effluent
impacts on nearby urban and recreational areas and wildlife
The high productivity and out of season cropping potential of
protected cropping is recognised, and suitable locations will be
promoted. Greenhouses and similar protected cropping structures
will in particular be hidden from longer distance views, possibly
amongst other buildings, by landscaping, or in disused quarries
"Farm gate" retail outlets will be permitted. Suitable off road
vehicle parking and traffic safety measures shall be included
The sensitive conversion of existing farmhouses and other farm
buildings in the countryside for rural recreation use will be
permitted.
1.2.11 Most of the countryside is designated as a Rural Conservation Area (RCA),
where, as Policy RCO 2 provides, no form of urban development is allowed,
but where essential agricultural structures or facilities will be “… favourably
considered as long as the proposed development does not infringe the
principles set out in Policy RCO 4 ...”.
1.2.12 Policy RCO 4 gives policy direction on the siting of buildings in the landscape
and does not permit development which would adversely affect scenic value
because it would
1
2
3
4
5
6
Break a presently undisturbed skyline
Visually dominate or disrupt its surroundings because of its mass
or location
Obstruct a pleasant and particularly a panoramic view
Adversely affect any element of the visual composition - for
example, cause the destruction or deterioration of traditional
random stone walls
Adversely affect existing trees or shrubs
Introduce alien forms, materials, textures, or colours
1.2.13 In a RCA, the impact of agricultural development needs to be carefully
assessed, and Policy RCO 8 provides that farmers must illustrate how this
development “…will not harm the ecological, archaeological and scenic value
of the area.”
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PART ONE
1.2.14 Finally, Policy AHF 9 gives encouragement
… to the relocation of livestock units which are unsuitable in existing
and committed urban areas because of noise, smell, or other impacts,
to suitable locations in the countryside. It will be a condition of all
development permits for redevelopment of land currently occupied by
livestock units in existing and committed urban areas that the reestablishment of the livestock unit in the countryside will take place
before redevelopment occurs.
Current planning policy context – Local Plans
1.2.15 The approved and emerging Local Plans apply and elaborate upon this policy
context, in part through the identification of Areas of Agricultural Value and of
other areas where agricultural development is to be encouraged, discouraged
or subject to specific studies of potential environmental impacts.
Agriculture and Biodiversity
1.2.16 Farming plays an important role in the development of Malta’s diverse rural
landscape and conservation of biodiversity. The European Commission
recognises that “maintaining biodiversity is an essential element of the longterm sustainability of agriculture“. Consequently, farmers are seen as the
stewards of a healthy countryside, contributing towards protection of the
environment and preservation of biodiversity on farmland.
1.2.17 However, agriculture may also contribute to pollution of soil, water and air,
fragmentation of habitats and loss of wildlife, resulting from agricultural
malpractices, land abandonment, land use intensification and improper use of
pesticides. To ensure that farming is moving towards sustainable agriculture,
various environmental considerations need to be integrated within agricultural
policy and practices, for example, through the formulation of Codes of Good
Agricultural Practices (CoGAPs) and implementation of the Rural
Development Plan (see paragraphs 1.2.3 to 1.2.7). Conservation of
biodiversity on farmland necessitates environmentally-friendly field
management practices and techniques, proper waste and water management
systems, minimisation of soil erosion, proper use and application of fertiliser
and pesticides, conservation of diverse rural landscapes and maintenance of
wildlife corridors.
1.2.18 The Flora, Fauna and Natural Habitats Protection Regulations of 2003 (L.N.
257 of 2003) transpose the European Union’s (EU) Habitats Directive
(Council Directive 92/43/EEC) into national legislation. These regulations
stipulate the legal and procedural requirements for conservation of
biodiversity and therefore, also apply to farming practices. Apart from
achieving the legal requirements of environmental law, the European
Commission encourages farmers to adopt a more proactive and positive role
in the conservation of biodiversity (see paragraph 1.2.5). In this regard, the
Rural Development Plan notes that the objectives of its second Priority Axis
would be achieved through the Agri-environment Measure and the Less
Favoured Area Measure, both of which contribute towards integration of
biodiversity objectives into agricultural land management.
1.2.19 Both the Agri-environment Measure and the Less Favoured Area Measure
are an integral part of the Rural Development Plan. The aim of the Agrienvironment Measure is to conserve and improve the landscape, wildlife and
historic heritage of rural Malta, whereas the Less Favoured Area Measure
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aims at ensuring continued agricultural land use, maintain the countryside
and promote sustainable farming systems through the obligations of Good
Farming Practices. The European Union provides assistance to farmers to
encourage the implementation of these measures. Assistance is made
available for farmers through the Rural Development Plan, under the main
initiatives of the EU Structural Funds and the Common Agricultural Policy
(CAP).
Flora, Fauna and Natural Habitats Protection Regulations, 2003
1.2.20 The Flora, Fauna and Natural Habitats Protection Regulations, 2003 (L.N.
257 of 2003) entered into force in 2003, under the provisions of the
Environment Protection Act of 2001 and the Development Planning Act of
1992 (as amended). Various regulations of L.N. 257 of 2003 are relevant to
land-use planning. In particular, L.N. 257 of 2003 establishes a system for:
•
•
identification and conservation of Special Areas of Conservation (SACs);
and
protection of particular species of wild flora and fauna.
1.2.21 The list of designated SACs is published in G.N. 877 of 2003, whereas the list
of protected species of wild flora and fauna is presented in the Schedules to
L.N. 257 of 2003. L.N. 257 of 2003 and G.N. 877 of 2003 are accessible from
the Malta Environment and Planning Authority website: www.mepa.org.mt.
Conservation of natural habitat types and/or animal and plant species listed in
Schedules I and/or II to L.N. 257 of 2003 requires the designation of Special
Areas of Conservation, provided that the criteria in Schedule III to L.N. 257 of
2003 are satisfied. Sites and/or areas that are characterised by species or
habitats listed in Schedules I and/or II to L.N. 257 of 2003 are considered as
Listed (i.e. potential) Special Areas of Conservation (SACs).
1.2.22 L.N. 257 of 2003 specifies that “for the purposes of the Development Planning
Act and with respect to development plans or supplementary planning
guidance prepared as a consequence thereto, the Competent Authority shall
endeavour to develop policies in respect of the conservation of the natural
beauty and amenity of the land which are of major importance for wild fauna
and flora…”.
Special Areas of Conservation:
1.2.23 Regulation 13 of L.N. 257 of 2003 states that “the Competent Authority may
give consent to the operation or activity only after having ascertained that the
plan or project will not adversely affect the integrity of the site”. This should be
determined in the light of the conclusions of appropriate assessments,
required for operations and/or activities that are or form part of plans and
projects that:
•
•
are not directly connected with or necessary to the management of
designated SACs; and
are likely to have, either individually or in combination with other plans
and/or projects, a significant effect on designated SACs.
Strictly Protected Species of Wild Flora and Fauna:
1.2.24 Regulations 18 and 19 of L.N. 257 of 2003 make provision for the prohibition
of (amongst other actions):
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•
•
•
•
picking, collecting, cutting, uprooting, destroying or damaging any
specimen of species of flora listed in Schedule IV;
killing, or attempt to kill, any specimen of species listed in Schedule V;
disturbing any species listed in Schedule V, particularly during periods of
breeding, rearing, hibernation or migration; and
destructing and deterioration of breeding sites or resting places for those
animal species listed in Schedules II and V.
Protection of Endemic Species:
1.2.25 Regulation 20 makes provision for protection of all endemic species, except
those species listed in Schedule VIII to L.N. 257 of 2003. Any activity or
operation affecting endemic species listed in Schedule VIII requires a prior
official permit from the Competent Authority.
1.2.26 The following sections develop the rural development and planning policy
contexts and set out specific, detailed policies for forms of agricultural
development that are compatible with the conservation of protected areas,
built heritage, rural character and the landscape.
1.3
Farm
Dwellings
For
Preference will be given to the location of farm dwellings for Livestock
livestock farmers within urban areas or rural settlements as Farmers
FARM DWELLINGS FOR LIVESTOCK FARMERS
defined in Local Plans, but permission may be granted for the
erection of a single dwelling unit for a livestock farmer outside
the development boundary, subject to the following criteria:(1)
(2)
(3)
the applicant must be a livestock farmer, registered as a full
time animal breeder with the Department of Agriculture and
with the Employment and Training Corporation, operating an
animal farm for at least 2 years prior to the application, on
land immediately adjacent to the proposed dwelling, and
must have operated in conformity with all permissions
granted by the Malta Environment and Planning Authority (or
its predecessors);
the applicant must have an animal farm with a minimum of
• 7,000 laying hens, or
• 13,000 broilers per cycle and 5 cycles per year, or
• 40 sows (pigs), or the equivalent of a fattening unit with
the associated cycles, or
• 40 cows; or
• 300 does (rabbits); or
• 120 sheep/goats
on land immediately adjacent to the site of the proposed
dwelling;
the Malta Environment and Planning Authority, in
consultation with the Department of Agriculture, considers
that the proposed dwelling is essential for the effective
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(4)
(5)
(6)
(7)
(8)
(9)
management and supervision of the farm unit and that it is
necessary for the livestock farmer to live on site on the farm;
the Malta Environment and Planning Authority, in
consultation with the Department of Agriculture, is satisfied
that it is not possible for the dwelling to be sited within a
designated urban area or a rural settlement as defined in a
Local Plan;
the applicant was not, during the last 10 years prior to the
application, the owner of another dwelling house within 750
metres of the site, and did not own a dwelling house (within
750 metres) other than a dwelling sold or otherwise
transferred to a person qualified as a registered farmer or
animal breeder;
the proposed dwelling shall not : (a) be located within scheduled, listed, designated or
protected
• Areas of Ecological Importance
• Sites of Scientific Importance
• Areas or Sites of Archaeological Importance
(including a buffer zone under Class A and B)
• Areas of High Landscape Value
• Protected Landscape Area
• Special Areas of Conservation (excluding areas
protected for avifauna only)
• Strict Nature Reserves
• Tree/Woodland Reserves; and/or
(b) have an adverse impact (directly or indirectly) on
• any designated or listed Special Area of
Conservation
• Bird Reserves
• Scheduled Trees;
the dwelling is not proposed to be located on the side of a
valley or valley watercourse;
the proposed dwelling should not lead to the loss of trees or
landscape features which, in the opinion of the Malta
Environment and Planning Authority in consultation with the
Department of Agriculture, make an important contribution
to wild flora and fauna and/or the character and amenity of
the area and should be retained;
the dwelling shall be so sited, in accordance with the
guidance given in Part 4, that it does not have an adverse
impact on the landscape. In particular a location
(a) on or near a ridge, where the structure would break an
undisturbed skyline, or
(b) where it would obstruct or significantly intrude into a
pleasant and particularly panoramic view,
will not be permitted;
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(10) the proposed dwelling is located on non agricultural or on
least good quality agricultural land and not on land irrigated
from naturally occurring sources of water;
(11) the dwelling should be located within the boundary of the
farm and shall not be more than 15 metres from the livestock
buildings;
(12) the dwelling shall be of a design, in accordance with the
guidance given in Part 4, such that it does not detract from
the rural character of the area and does not exceed a height
of 7 metres measured from existing ground level nor a total
floorspace of 150m² including any internal courtyards;
(13) the vehicular access to the site shall be located so that it has
satisfactory visibility and is of adequate dimensions, and
sufficient provision shall be made for the parking of vehicles
within the site;
(14) proposals
for
water
supply,
electricity
supply,
telecommunications, drainage and sewage disposal are
acceptable and would not have adverse impacts;
(15) provision is made for the storage of surface water run off by
means of an underground reservoir; and
(16) the proposals for managing the farm and site, and for
landscaping the site, including
a programme for
implementation and maintenance, are acceptable and in
accordance with the approved Guidelines on Trees, Shrubs
and Plants for Planting & Landscaping in the Maltese
Islands, and include provision for the maintenance of
existing (and proposed) rubble walls.
The following occupancy condition will be imposed on any
development permission :- ‘The residential occupation of the
property shall be limited to a livestock breeder, registered with
the Department of Agriculture, working, or last working before
retirement, in the locality in agriculture, or a widow or widower of
such a person, and to any resident dependants’. The applicant
will be required to enter into a planning obligation to tie the
ownership and occupation of the dwelling to that of the farm, such
that the residential building is not sold or transferred to third
parties unless in conjunction with the animal farm and, in that
case, the farm continues in operation.
1.3.1
Although, according to the analysis undertaken in the Rural Strategy Topic
Paper, the pressure for new dwellings for farmers in the countryside has been
slight, there remains the need to ensure that only those dwellings which are
genuinely required and essential to the needs of agriculture are permitted.
This policy provides for new dwellings only in those cases where the
supervision requirements of large-scale animal husbandry operations require
that animal farmers live on site and dwellings can not be located in rural or
urban settlements.
1.3.2
The first four criteria define eligibility and essentiality (that the requirements of
the agricultural enterprise make it essential for the farmer concerned to live
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on site) and include minimum thresholds for the number of livestock required
for a viable unit, and hence a genuine agricultural need. Not only should
these minimum thresholds be met and the livestock unit have been in
operation for at least two years prior to the application for a dwelling, but the
dwelling must be essential for the effective management of the unit, which
normally means that the supervision needed by the unit requires the
continuous presence of the farmer, who must, therefore, live on site. The
Authority will take particular care in assessing this need for a continuous
presence in relation to dwelling applications for farms with all types of poultry,
rabbits, sheep or goats as particular circumstances in individual cases, for
example specific forms of farm management systems including automated
systems, may mean that this constant supervision (and hence a new
dwelling) is not essential.
1.3.3
In order to assess this need, the applicant will be required to provide a report,
which, in addition to indicating the number/type of livestock and documentary
evidence of production or turnover, sets out
•
•
•
•
•
where the farmer lives at present and how the farm is currently managed
and supervised;
what management or supervision gaps or deficiencies there are;
evidence of the adverse effects of these deficiencies;
an indication of how the proposed dwelling would overcome or address
these deficiencies and adverse effects, and consequently why the
farmer’s present living accommodation is inadequate to meet the needs of
the farm unit;
a discussion of alternative locations considered and, in particular, why,
from a farm management viewpoint, the dwelling can not be located in an
urban or rural settlement.
The advice of the Department of Agriculture will be sought on the evidence
put forward and to confirm that the proposed dwelling is essential.
1.3.4
MEPA will give preference to a farm dwelling sited in an urban area or a rural
settlement as defined in a Local Plan as it may be possible for adequate
supervision to be exercised through periodic visits rather than a continuous
presence (especially with automated management systems). So regard will
be had to the distance of the animal farm from such a settlement; to the ease
of travel and to balance of need between an on-farm and an off-farm location.
1.3.5
Where the proposal is for a new dwelling for a new or relocated livestock
farm, the same considerations of eligibility and essentiality apply, except, in
the case of a new unit, in relation to the requirement that the farm has been in
operation for at least two years. In the case of a new unit, it is important to
ensure that the tests of need are met, particularly that the unit will be viable,
but, in addition, to make certain that the farm unit is built and is actually
viable, permission will not be granted concurrently for the unit and for a
dwelling. The farm unit must be in operation, and the proposed dwelling must
need all criteria set out in the policy, before the Authority will favourably
consider an application for a dwelling.
1.3.6
In considering whether a new dwelling is essential it is also necessary to
determine the recent pattern of use of any existing accommodation on the
unit. For example, if a dwelling has recently been sold separately from the
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farm, this could constitute evidence of lack of agricultural need. It may also be
relevant to consider the applicant's present accommodation and whether any
new factors have arisen which render it unsuitable for continued use in
conjunction with the farm unit. Criterion 5 is specifically directed to the sale of
otherwise suitable accommodation.
1.3.7
Although the provision of a new dwelling on the farm unit may be justified in
principle, there are a number of requirements on location and siting which
must be met to safeguard the visual character of the surrounding landscape
and protect areas of ecological, scientific and other importance, including
valleys. The proposed dwelling should be located in close proximity to the
animal farm buildings, and criteria 6 to 10 set out those areas where a new
dwelling will not be acceptable. Criteria 6(a) sets out a list of scheduled,
listed, designated or protected sites and/or areas where farm dwellings will
not be permitted. Criteria 6(b) allows some flexibility, whereby the applicant
must demonstrate to the satisfaction of the Authority that the proposed
development will not have an adverse impact, including possible indirect
impacts, on particular protected areas. Special Areas of Conservation feature
in both criteria 6(a) and 6(b). Criteria 6(a) clearly states that the proposed
development cannot be granted permission within SACs (not referring to
SACs that are protected for avifauna only). On the other hand, criteria 6(b)
specifies that the proposed development shall not have an adverse impact on
any designated or listed SAC. SACs in criteria 6(b) refers to both: (i)
designated or listed SACs (protected for avifauna only) that cover the site (or
part of) of the proposed development; and (ii) any other designated or listed
SAC that does not cover the site of the proposed development, but which
may still be affected by the development. In order to protect good quality
agricultural land, new dwellings should be sited on non agricultural, or least
good quality agricultural, land. Paragraphs 4.2 and 4.3 of Part 4 give further
guidance on location and siting.
1.3.8
In order to limit the size of the dwelling so that its consequent land take-up
and impact on the landscape and on the character of the countryside are
minimised, the policy contains maximum thresholds for the height and the
total floorspace. Provided that these thresholds are not exceeded, a
basement (of not more than 3 courses above road level), which could be used
in part for the storage of vehicles or machinery associated with the farm unit,
as well as for domestic purposes, will be acceptable. The dwelling should be
designed so that it respects the local vernacular and has a positive impact on
the character of the countryside, as indicated in section 4.4 of Part 4.
Proposals for sewage disposal must be acceptable; where the site is not
sewered and a cesspit is proposed for the dwelling, this must be separate
from the cesspit or means of sewage treatment/disposal which serves the
animal farm.
1.3.9
Reducing the visual impact of new buildings in the countryside through
landscaping is particularly important in maintaining character and landscape
value. A landscape scheme, with implementation and maintenance details,
must be submitted. It should show full details of all new and retained planting
as well as provision for the maintenance of rubble walls. New planting should
conform to the requirements set out in the Authority’s approved ‘Guidelines
on Trees, Shrubs and Plants for Planting & Landscaping in the Maltese
Islands’ (February 2002), which gives information on appropriate indigenous
and archaeophytic species, methods of planting etc. Section 6 of Part 4 also
gives further guidance on basic landscaping principles. In addition to
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PART ONE
landscaping and the maintenance of rubble walls, much can be done to limit
the impact of new dwellings (and the farms with which they are associated)
through good management practices covering matters like the storage and
disposal of waste and of other materials; the storage of equipment and
machinery; the tidiness/cleanliness of surroundings etc. A management plan
dealing with these aspects will therefore be required to be submitted and
approved.
1.3.10 If the livestock farm has not operated in accordance with any development
permission or permit, or development has been undertaken without
permission, then this situation must be rectified before permission will be
given for a new dwelling.
1.3.11 Where the need to provide accommodation for a farmer to live at the place of
work has been accepted, it is necessary to ensure that the dwelling is kept
available to meet this need and does not simply become part of the housing
stock of the area. For this reason any development permission will be subject
to an occupancy condition and the Authority will require the applicant to enter
into a planning obligation to reinforce this condition and to tie the ownership
and occupation of the dwelling to that of the farm unit as a whole. This would
ensure that the dwelling or the farm buildings could not be sold separately
without the Authority’s approval. Should there cease to be a need for the
dwelling on the particular farm unit, then the Authority will have regard to the
elements of the test of a continuing need set out in para 1.5.11 in considering
any application to remove the condition, alter or terminate the obligation etc,
and in deciding whether or not there is a continuing need for a dwelling for a
qualified occupier in the area.
1.4
FARM DWELLINGS FOR ARABLE FARMERS AND OTHER Farm
Dwellings
GROWERS
For Arable
Permission will not be granted for the erection of a dwelling in the Farmers
and
Other
open countryside for a farmer engaged in arable farming or for
Growers
those involved in horticulture, vine growing or olive growing.
However permission may be granted for the erection of such a
dwelling within a rural settlement as defined in a Local Plan, and
in accordance with the relevant policies of that Plan.
1.4.1
It is not considered essential for farmers involved in arable/horticultural etc.
farming to live directly on the farm unit. With the relatively short travelling
distances from the large number of small rural settlements (as designated in
Local Plans) and the absence of the need for the kind of continuous
supervision necessary for certain kinds of livestock, it is possible for an arable
or horticultural unit, including those utilising greenhouses or other forms of
protected cropping, or vineyard or olive grove, to be operated by a farmer
who does not live on the farm but in a nearby settlement.
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PART ONE
1.5
A
Agricultural
Buildings For
Livestock
Permission may be granted for the erection of a new building, for Farming
AGRICULTURAL BUILDINGS FOR LIVESTOCK FARMING
redevelopment, or for an extension to an existing building, for
animal breeding, production and/or the related storage of feed,
fodder or machinery/equipment, provided that it satisfies the
following criteria, and, where applicable, subject to the
submission of an acceptable Environmental Impact Assessment :(1)
(2)
(3)
(4)
the applicant must be a farmer, registered with the
Department of Agriculture,
(a) operating a livestock farm for at least 2 years prior to
the application and must have operated in conformity
with all permissions granted by the Malta Environment
and Planning Authority (or its predecessors) (see also
policy 1.5E); or
(b) having at least 5 years experience, as certified by the
Department of Agriculture; or
(c) having successfully followed a course in animal
husbandry recognised by the Department of
Agriculture;
the applicant must demonstrate that no existing unused or
under-utilised agricultural buildings, on the holding, are
suitable for conversion to the proposed purpose;
the Malta Environment and Planning Authority, in
consultation with the Department of Agriculture/Department
of Veterinary Services, consider that the proposed building
is essential for the continuing and effective operation of the
farm unit;
the proposed development shall not : (a) be located within scheduled, listed, designated or
protected
• Areas of Ecological Importance
• Sites of Scientific Importance
• Areas or Sites of Archaeological Importance
(including a buffer zone under Class A and B)
• Areas of High Landscape Value
• Special Areas of Conservation (excluding areas
protected for avifauna only)
• Strict Nature Reserves
• Tree/Woodland Reserves,
except that when an existing farm is located within a
Level 3 Area of Ecological Importance and/or a
designated or listed Special Area of Conservation, the
upgrading of existing farm buildings will be considered
favourably if the Authority is satisfied that the proposed
development would not result in:
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an adverse impact on the ecological value of
the area, including adjacent protected sites or
areas
an increase in the number of livestock units on
the farm
an increase in the total site area occupied by
the farm, and/or
(b) have an adverse impact (directly or indirectly) on
• Protected Landscape Area
• any designated or listed Special Area of
Conservation
• Bird Reserves
• Scheduled Trees;
(5) the proposal should not lead to the loss of trees or
landscape features which, in the opinion of the Malta
Environment and Planning Authority in consultation with the
Department of Agriculture, make an important contribution
to wild flora and fauna and/or the character and amenity of
the area and should be retained;
(6) the Authority, in consultation with the Malta Resources
Authority, is satisfied that the development will not have an
adverse impact on water resources, including public
boreholes, underground gallery systems, springs, pumping
stations or valleys which contribute to the natural recharge
of aquifers;
(7) the site is located at least 200 metres from an inhabited area
or an area which is intended for residential, residential
institutions, hotels, education, assembly or leisure buildings,
or tourism development;
(8) the building is not proposed to be located on the side of a
valley or valley watercourse;
(9) the building shall be so sited, in accordance with the
guidance given in Part 4, that it does not have an adverse
impact on the landscape. In particular a location
(a) on or near a ridge, where the structure would break an
undisturbed skyline, or
(b) where it would obstruct or significantly intrude into a
pleasant and particularly panoramic view,
will not be permitted;
(10) the proposed building is located on non agricultural or least
good quality agricultural land and not on land irrigated from
naturally occurring sources of water;
(11) the building shall be of a scale, design and siting, in
accordance with the guidance given in Part 4, such that it
will not detract from the rural character of the area;
(12) the vehicular access to the site shall be located so that it has
satisfactory visibility and is of adequate dimensions, and
does not cause a traffic hazard, and adequate provision shall
be made for parking and manoeuvring space within the site;
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PART ONE
(13) the proposals for management, storage, treatment and
disposal of effluent are acceptable and the development
would not cause pollution of adjoining land, watercourse or
water aquifers;
(14) provision is made for the storage of surface water run off by
means of an underground reservoir;
(15) proposals for water and electricity supply, and for drainage
are acceptable and would not have adverse impacts; and
(16) the proposals for managing the farm and the site and for
landscaping the site, including a programme for
implementation and maintenance, are acceptable and in
accordance with the approved Guidelines on Trees, Shrubs
and Plants for Planting & Landscaping in the Maltese
Islands, and include provision for the maintenance of
existing (and proposed) rubble walls.
B
Permission will not be granted for the expansion of existing
livestock breeding/production units located in, or within 200
metres of, an inhabited area or an area which is intended for
habitation, education or leisure/tourist development. Permission
may be granted for the upgrading and improvement of such units
to facilitate better management and enable the requirements for
waste management, farm hygiene, animal welfare and other
similar standards to be met, although such improvement and
upgrading should not involve an increase in the number of
livestock nor in the site area occupied by the farm. The Authority
will also apply criteria 5 to 6 and 10 to 16 in 1.5A. Permission for
the upgrading and improvement of current farm operations
pending the identification of an alternative site will only be
granted for a limited period of not more than five years.
C
Proposals for new animal farms and for relocated animal farms
must satisfy criteria 6 in policy 1.3 and all the criteria set out in
policy 1.5A, except criteria 4 and, in relation to new animal farms,
the requirement for prior operation in criterion 1. In this case, the
proposed farm must, in the opinion of the Authority, in
consultation with the Department of Agriculture/Department of
Veterinary Services, be likely to become a viable farm unit and
hence essential to the needs of agriculture. For proposals for
both new and relocated animal farms, the Authority will give
preference to the use of disused or abandoned animal farms or
other agricultural buildings and so the applicant must
demonstrate to the satisfaction of the Malta Environment and
Planning Authority that there are no such suitable buildings within
1 km of the proposed site.
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PART ONE
D
The Authority will not grant permission for a change of use of a
livestock building to a non agricultural use unless it is satisfied
that : (1)
(2)
(3)
(4)
E
there is not a continuing need for the building to be used for
accommodating livestock or for another agricultural
purpose, on the unit of which the building forms part or more
generally in the surrounding area;
the livestock building has been unused for at least 5 years
prior to the application;
the proposed change of use does not have a detrimental
effect on
• Areas of Ecological Importance
• Sites of Scientific Importance
• Areas or Sites of Archaeological Importance (including
a buffer zone under Class A and B)
• Areas of High Landscape Value
• Protected Landscape Area
• designated or listed Special Areas of Conservation
• Strict Nature Reserves
• Tree/Woodland Reserves
• Bird Reserves
• Scheduled Trees
• the side(s) of a valley or valley watercourses; and
criteria 12 to 16 in policy 1.5A are satisfied.
When considering applications for development permission
related to existing livestock farms, the Authority will regard
livestock farms operating before October 1992 in accordance with
a licence or licences issued by the Department of Agriculture and
the Veterinary Services, as covered by a valid development permit
for the type of livestock permitted by the licence or licences
issued by the Department of Agriculture and the Veterinary
Services before October 1992, provided that the following criteria
are satisfied :(1)
(2)
the applicant is a livestock breeder, registered with the
Department of Agriculture;
the applicant must demonstrate to the satisfaction of the
Authority that
• the livestock farm operation has not been discontinued
after October 1992,
• the livestock farm was operated by a livestock breeder
registered with the Department of Agriculture before
October 1992,
• the type of livestock licensed by the Department of
Agriculture and the Veterinary Services before October
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PART ONE
(3)
(4)
(5)
1992 was either poultry, pigs, cattle, sheep and/or
goats, and
• the existing type and number of livestock within the
farm are covered by a licence or licences issued by the
Department of Agriculture and the Veterinary Services;
the applicant must demonstrate to the satisfaction of the
Authority, in consultation with the Department of Agriculture,
that all buildings and structures within the curtilage of the
livestock farm were
• constructed or erected prior to October 1992, and/or
• constructed or erected in accordance with a
development permit issued under the Development
Planning Act of 1992 (as amended);
the applicant must submit, to the satisfaction of the
Authority, an acceptable waste management plan for the
whole livestock farm operation according to Terms of
Reference prepared by the Authority in consultation with the
Department of Agriculture. If the livestock farm is located in
an aquifer protection zone or a water catchment area, the
waste management plan shall be referred to the Malta
Resources Authority. The waste management plan shall
include:
• an assessment of the adverse impacts of the animal
farm operation on the aquifer protection zone and/or
the water catchment area, and
• an examination of measures for mitigating the adverse
impacts of the livestock farm operation on the aquifer
protection zone and/or the water catchment area; and
where necessary, the applicant must submit to the
satisfaction of the Authority, an acceptable landscaping
scheme for screening of the whole livestock farm operation
in accordance with the approved Guidelines on Trees,
Shrubs and Plants for Planting & Landscaping in the Maltese
Islands, and include provision for the maintenance of
existing (and proposed) rubble walls.
Livestock farms operating before October 1992 without a valid
licence issued by the Department of Agriculture and the
Veterinary Services, or are not operating in accordance with the
licence issued by the Department of Agriculture and the
Veterinary Services, shall be considered as having no valid
development permit.
Any development undertaken after October 1992 requires a
development permit, according to the provisions of the
Development Planning Act of 1992 (as amended).
Any future development affecting livestock farms that started
operating before 1992 must comply with policy 1.5A, 1.5B and/or
1.5D, as appropriate.
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PART ONE
1.5.1
There is likely to be a continuing need for new buildings for livestock – to
increase production, improve farmers’ incomes, improve working conditions,
meet new requirements and European Standards for animal welfare, animal
husbandry practices, or hygiene or waste management, and in general to
modernise the livestock sector. The main objectives of this policy are to meet
a genuine need for a new building, in the interests of encouraging and
supporting agriculture, whilst ensuring that it does not have an adverse
environmental impact. In order to minimise the number of new buildings in
the countryside, the conversion or use of existing under-utilised or disused
buildings is preferred to the construction of new buildings.
1.5.2
As with new farm dwellings, there is a test of need which must be fulfilled.
The new building must be essential to the continued effective operation of the
farm, in that the farm must be a viable unit or become a viable unit with the
new building. Stock levels for a viable unit are broadly those set out in policy
1.3(2). The application should provide a study (similar to that required in para
1.3.3) indicating how the building will contribute to this - covering
•
•
•
•
•
•
the current size of the farm unit – number/type of livestock and buildings
(and their location)
documentary evidence of production or turnover (where available)
reasons for the choice of site and details of its relationship to the land and
to other buildings owned or leased and used by the applicant
the purpose of the new building
how this will contribute to the increased efficiency and viability of the farm
unit
and demonstrating that there are no existing unused/under-utilised
buildings on the holding which are suitable for use or conversion
In most cases this kind of study will not be required for applications for
extensions to existing buildings (unless the extension is of a significant scale,
in terms of its footprint or volume, in relation to the farm as whole) or for
buildings for the storage of fodder, food etc for existing livestock farms.
Where a proposal is for the breeding/keeping of unusual types of
animals/livestock (that is, not those referred to in criterion (2) of policy 1.32),
the study should give detailed information and analysis on expected
production and turnover with supporting evidence, in order to indicate the
extent and continuing likelihood of financial viability, since the Authority will
assess these proposals with particular rigour to ensure that they are viable
and that enterprises are not likely to cease comparatively soon after
establishment, leading to redundant buildings.
1.5.3
2
In addition to new or extended livestock buildings, there may be proposals for
new animal farms. These may result from pressure to relocate from
unsuitable sites (in or close to urban areas, for example, or in water
catchment zones) or from the need to restructure the buildings of an existing
farm unit to meet current space, building, animal welfare or other standards.
In both these cases, all the criteria in this policy should be applied (although
the need for relocation should also be considered as it may be possible to
take remedial measures at the current site).
Examples include frogs, snails, emus, ostriches, kangaroos, wallabies and crocodiles
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1.5.4
Where the new animal farm is an entirely new unit which has not been
operating before, then the prior operation requirement in criterion 1 of policy
1.5A cannot be applied. However, criteria 2 and 3 of policy 1.5A should be
applied with greater stringency and a more detailed feasibility study (as
outlined in the preceding paragraph) will be required to indicate that the farm
will be viable and therefore essential to agriculture (that it will provide
sufficient financial return for a reasonable income for the operator, as well as
for continuing investment in the maintenance and improvement of the farm
business, and will require the input of labour broadly equivalent to a full time
occupation). When considering applications for new livestock farm units or
relocated farm units, criteria 6 of policy 1.3 must be applied instead of criteria
4 of policy 1.5A.
1.5.5
Although not a planning consideration, there may be instances where quotas
for specific types of livestock, particularly poultry, are already met and new
farms may not be licensed by the Department of Agriculture.
1.5.6
Criteria 4 to 10 of policy 1.5A deal with various aspects of location and siting,
and seek to ensure that the building is located where it will not adversely
affect the environment as a whole, and in particular areas which are protected
because of their ecological, scientific, archaeological etc., value. Criteria 4 of
policy 1.5A will only be applied in relation to existing livestock farm units,
whereas criteria 6 of policy 1.3 will be applied in relation to new and relocated
livestock farms. Criteria 4(a) of policy 1.5A sets out a list of scheduled, listed,
designated or protected sites and/or areas where development will not be
permitted, with the exception of upgrading of facilities in particular
circumstances. Criteria 4(b) of policy 1.5A allows some flexibility, whereby the
applicant must demonstrate to the satisfaction of the Authority that the
proposed development will not have an adverse impact, including possible
indirect impacts, on particular protected areas. Special Areas of Conservation
feature in both criteria 4(a) and 4(b). Criteria 4(a) clearly states that the
proposed development cannot be granted permission within SACs (not
referring to SACs that are protected for avifauna only). On the other hand,
criteria 4(b) specifies that the proposed development shall not have an
adverse impact on any designated or listed SAC. SACs in criteria 4(b) refers
to both: (i) designated or listed SACs (protected for avifauna only) that cover
the site (or part of) of the proposed development; and (ii) any other
designated or listed SAC that does not cover the site of the proposed
development, but which may still be affected by the development. In part this
is an attempt to manage those conflicts with other land uses which are likely
to arise. Here the avoidance of pollution of water sources by farm waste and
of impact on nearby inhabited areas from noise, smell etc., are of concern.
Since animal farms have no relationship to the land on which they stand, it is
unnecessary for them to be sited on good quality agricultural land or, indeed,
on agricultural land per se.
1.5.7
In order to minimise the number of new buildings in the countryside, the use
of existing under-utilised or disused livestock buildings is preferred to the
construction of new buildings. This is one factor to which the Authority will
have particular regard in considering applications for new or relocated animal
farms.
1.5.8
Waste management issues are particularly significant when farms are located
within water protection zones. However, more generally, there are particular
problems with livestock buildings and the storage, treatment and disposal of
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PART ONE
waste. Greater emphasis needs to be given to the design of farms and of
livestock buildings in order to comply with European and International
Standards in this respect. The Malta Environment and Planning Authority, in
consultation with the Department of Agriculture, will need to be satisfied, and
the applicant should demonstrate, through the submission of a waste
management plan, that stringent measures are incorporated into the
proposals that will ensure that there is no pollution of adjoining land,
watercourses or aquifers. Cesspits should be constructed with a double
bottom and certified as leak proof by an architect.
1.5.9
Landscaping and the design of the buildings are of particular importance,
again to minimise impact on the landscape. Regard should be had to the
design guidance set out in Part Four – particularly in relation to the advice on
siting, building form and materials etc. Buildings should meet the
specifications produced by the Department of Agriculture. In addition to
landscaping and the maintenance of rubble walls, much can be done to limit
the impact of new buildings (and the farms with which they are associated)
through good management practices covering matters like the storage and
disposal of waste and of other materials; the storage of equipment and
machinery; the tidiness/cleanliness of surroundings etc. A management plan
dealing with these aspects will therefore be required to be submitted and
approved. In certain cases, largely dependent on the number of livestock,
applications for livestock buildings require an Environmental Impact
Assessment (full details from the Environmental Impact Assessment
Regulations 2001 are set out in Appendix 2).
1.5.10 Policy 1.5A and policy 1.5E set out criteria to determine whether a livestock
farm operates in accordance with a valid development permit. Criterion 1(a) of
Policy 1.5A requires that the activity must have operated with all permissions
granted by the Malta Environment and Planning Authority (or its
predecessors). However, before the setting up of the Planning Authority in
October 1992, various livestock farms had to be re-built or upgraded without
the necessary PAPB permit, as a consequence of the urgent need to address
problems related to the livestock epidemics of the mid 1970’s (Department of
Agriculture). During the mid 1970’s, the agricultural industry suffered from
various livestock epidemics, namely: (i) the Foot and Mouth disease which
effected pigs, cattle, sheep and goats; (ii) the African Swine fever which
effected pigs; and (iii) the Newcastle’s disease which effected poultry. The
Department of Agriculture also notes that government had obtained
international funding to adopt specific measures for eradication of the
diseases, namely: (i) slaughtering of all livestock; (ii) burning of combustible
material in all farms; and (iii) disinfecting all the farms. International funding
was provided on condition that all livestock had to be slaughtered and the
farms had to be upgraded or replaced by new farms. Therefore, in view of the
urgent need to reinstate the livestock farming sector, livestock breeders were
given the go ahead to undertake structural works: as a result, most structural
works were undertaken without the necessary PAPB permits. In view of this,
policy 1.5E sets out criteria to determine whether an existing livestock farm,
that started operating before October 1992 in accordance with a licence or
licences issued by the Department of Agriculture and the Veterinary Services,
should be considered as covered by a valid development permit. Appendix 1
provides a checklist of information that is required to assess the criteria in
policy 1.5E.
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1.5.11 Once permission has been granted for a livestock building or livestock farm
ODZ, it should continue to be used for that purpose. The Authority will
require the applicant to enter into a planning obligation to restrict the transfer
of ownership of the building or of the farm unit, as a means of ensuring that
buildings are not used for non agricultural purposes Should the use cease,
then permission will not be granted for a non agricultural use if the Authority is
satisfied that there is a continuing need for livestock buildings in the area. In
determining if there is a continuing need, the Authority will take account of the
length of time the building has been unused (at least 5 years); the efforts
made to find another agricultural occupier or use; the number of applications
submitted for new livestock buildings in the area; and whether there have
been any significant changes in the market for the livestock which the building
housed or is capable of housing. It will also consider the suitability of the
building for livestock rearing and the practicality or otherwise of
adaptation/alteration to meet modern standards for animal welfare, animal
husbandry practices, or hygiene or waste management.
1.5.12 Livestock farms within or adjoining urban areas present a specific problem as,
although they are likely to have an adverse environmental impact and so are,
in general, incompatible with residential uses in particular, the potential for
relocation is limited and possibly more long term than short term. In these
circumstances, it is of wider benefit that these units are improved to meet
present day EU or other international standards, especially as regards the
management of farm wastes, whilst ensuring that any adverse impacts are
ameliorated. To prevent similar problems in the future, permission will not be
given for new farms in or near to inhabited areas. Where permission is
granted for improvements pending relocation, then that permission will be for
a limited period only (5 years) to ensure that relocation does take place. The
Authority may, in collaboration with the Department of Agriculture, identify, or
suggest that the Agriculture Department identify, farms within urban areas
which are causing an adverse impact and request the owners to undertake
the necessary improvements or relocate to more appropriate areas within
Intensive Agricultural Areas designated in Local Plans. To support the
Department of Agriculture in the selection of more appropriate locations for
the relocation of livestock farms, the Authority will:
• not allow the change of use of existing livestock buildings to non
agricultural uses, unless it is satisfied that there is not a continuing need
for these buildings to be used for accommodating a livestock farm
operation; and
• consider the renewal of development permits issued for a limited period (5
years), provided that it is satisfied that no suitable alternative site (e.g.
Intensive Agricultural Areas) and disused or abandoned livestock farm
buildings have been found.
1.6
A
AGRICULTURAL BUILDINGS FOR STORAGE FOR ARABLE Agricultural
Buildings
FARMING
For Storage
Permission may be granted for the erection of a building (or an for Arable
extension to an existing building) for the storage of farm Farming
machinery or equipment, etc., provided that there is no unused or
underused building on the farm unit which could be used for this
purpose, and subject to the following criteria:-
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(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
the applicant must be a farmer, registered with the
Department of Agriculture, operating an arable farm for at
least 2 years prior to the application, and must have
operated in conformity with all permissions granted by the
Malta Environment and Planning Authority (or its
predecessors);
the Malta Environment and Planning Authority, in
consultation with the Department of Agriculture, considers
that a new storage building is essential for the continuing
satisfactory and effective operation of the farm unit;
the Malta Environment and Planning Authority, in
consultation with the Department of Agriculture, considers
that it is essential for the development to be located on the
site applied for, and is satisfied that it cannot be located in a
nearby rural settlement (as defined in the Local Plan and in
conformity with the relevant policies of that Plan);
no building for storage purposes will be permitted on arable
farms of less than 5 tumoli; a storage building of not more
than 15m2 total floorspace may be permitted on an arable
farm of between 5 and 10 tumoli; a storage building of not
more than 20m² total floorspace may be permitted on an
arable farm of between 10 and 20 tumoli; and a storage
building of not more than 40m² total floorspace may be
permitted on an arable farm larger than 20 tumoli;
the proposed development shall not : (a) be located within scheduled, listed, designated or
protected
• Areas of Ecological Importance (Levels 1 and 2)
• Sites of Scientific Importance
• Areas or Sites of Archaeological Importance
(including a buffer zone under Class A and B)
• Areas of High Landscape Value
• Strict Nature Reserves
• Tree/Woodland Reserves; and/or
(b) have an adverse impact (directly or indirectly) on
• Protected Landscape Area
• any designated or listed Special Area of
Conservation
• Bird Reserves
• Scheduled Trees;
the proposed building is located on least good quality
agricultural land where this is feasible, with a presumption
against the use of land irrigated from naturally occurring
sources of water;
the building is not proposed to be located on the side of a
valley or valley watercourse;
the proposed building should not lead to the loss of trees or
landscape features which, in the opinion of the Malta
Environment and Planning Authority in consultation with the
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(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
Department of Agriculture, make an important contribution
to wild flora and fauna and/or the character and amenity of
the area and should be retained;
the building shall be so sited, in accordance with the
guidance given in Part 4, that it does not have an adverse
impact on the landscape. In particular a location
(a) on or near a ridge, where the structure would break an
undisturbed skyline, or
(b) where it would obstruct or significantly intrude into a
pleasant and particularly panoramic view
will not be permitted;
wherever possible, the proposed building should be located
adjacent to existing buildings;
the building shall be located within land tilled or farmed by
the applicant, and normally the bulk of this land should be
located within a radius of 200m from the site of the proposed
building;
the building does not detract from the landscape and the
rural character of the area through its siting; the use of
inappropriate materials or because of a poor quality of
design, and complies with the guidance given in Part 4;
the building shall be sited so that it does not obscure
visibility or otherwise cause a traffic hazard;
the building does not exceed 2.8 metres in height, unless, in
exceptional cases the applicant demonstrates, to the
satisfaction of the Authority, that a height not exceeding 3.4
metres is essential;
provision is made for the storage of surface water run off by
means of an underground reservoir; and
the proposals for managing the farm and the site and for
landscaping the site, including a programme for
implementation and maintenance, are acceptable and in
accordance with the approved Guidelines on Trees, Shrubs
and Plants for Planting & Landscaping in the Maltese
Islands, and include provision for the maintenance of
existing (and proposed) rubble walls.
The Authority will impose a condition on a permission for a
storage building to ensure that it is not used for purposes other
than that for which it is permitted.
B
Permission may be granted for the change of use or conversion of
an existing building for the storage of bee keeping equipment.
Permission will NOT be granted for the erection of a new building
for this purpose.
C
The Authority will not grant permission for the change of use or
for the conversion of a storage building to a non agricultural use
unless it is satisfied that there is not a continuing need for the
building to be used for storage or for another agricultural
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purpose, on the farm unit of which the building forms part or more
generally in the surrounding area.
1.6.1
Pressure for agricultural buildings in rural areas to store farm machinery or
equipment, such as tools or vehicles for cultivation or irrigation, has been and
continues to be significant. To prevent the cumulative impact on the rural
landscape which the excessive development of agricultural stores might have
it is necessary to restrict development to those cases where there is a
genuine need, and to encourage the reuse or conversion of disused or underutilised buildings. Criteria 1 to 3 set out tests of need and eligibility.
1.6.2
In particular it will be necessary for the Malta Environment and Planning
Authority, in consultation with the Department of Agriculture, to be satisfied
that a new (or extended) storage building is essential (a) for the unit as a
whole, and (b) on the site proposed. The farm unit should be a viable one
and the thresholds are stated in criterion 4. Applicants will be required to
submit a study of the farm enterprise which indicates
•
•
•
•
•
•
•
•
•
•
•
the size of the tilled land and the degree of consolidation of land holdings;
availability of water sources and the type of irrigation system being used;
the types of products or crops produced per year;
the equipment required to cultivate the land;
the location, size, use etc. of current storage facilities;
reasons for the inadequacy of the existing storage facilities;
purpose(s) of the proposed storage building and how this will positively
contribute to the operation of the holding;
reasons for the choice of site and details of its relationship to the land and
to other buildings owned or leased and farmed by the applicant;
distance of the site from a rural settlement where a building could be
located;
the turnover from the Pitkali or any other records of production; and
where the storage is for a vehicle used exclusively for the tilling of land,
proof of ownership of that vehicle.
This information will enable the Authority, based on the advice of the
Department of Agriculture, to consider the extent to which new storage is
essential, and, equally important, essential on the site proposed. For small
scale extensions3 to existing storage buildings, it may not be necessary to
require all the above information.
1.6.3
Permission will not be granted for storage buildings intended for the garaging
of vehicles other than those used in the course of agricultural activities and
operations on the land, such as tractors and similar agricultural machinery.
1.6.4
Criterion 4 sets out the upper limit on the size of building which may be
permitted, relative to the size of holding, in order to ensure that the building is
essential and that its impact is similarly limited. These floorspace limitations
relate to both new buildings and to extensions; they are also cumulative and
are to be taken together with existing buildings. The holding sizes refer to
both dry and irrigated land, making no distinction between the two, but non
agricultural land including garigue or stone should not be included.
3
Small scale extensions are those which add 25% or less to the existing footprint or
floorspace
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1.6.5
Preference is given to the use of existing buildings but where a new building
is essential it should be located adjoining existing buildings, again to limit
landscape impact. Storage buildings should be carefully sited, designed and
landscaped to minimise any impacts on the rural environment in which they
are situated, following the advice in Part 4. Where the farm holding is
fragmented, or located close to a settlement, then it may be possible and
preferable to locate a new storage building in a rural settlement as designated
in a Local Plan (where this would conform to the relevant policies of the Plan).
The maximum permissible height is 2.8 metres (unless, in exceptional cases,
a height of not more than 3.4 metres is essential for the storage of particular
types of agricultural machinery or equipment) although in some cases it may
be possible to site buildings so that their height above the level of the
surrounding land or above the level of an adjacent road is below this height.
1.6.6
It will, in addition, be important to ensure that any existing buildings which are
to be demolished or replaced by new buildings are not of architectural or
historic interest.
1.6.7
If the arable farm has not operated in accordance with any development
permission or permit, or development has been undertaken without
permission, then this situation must be rectified before permission will be
granted for further development.
1.6.8
As with livestock buildings, it will be necessary to require the applicant to
enter into a planning obligation to restrict or prohibit the transfer of ownership
of the storage building. Since there is normally no necessity for storage
buildings to be provided with infrastructure services, like water and electricity,
and in order to help prevent potential abuse by unauthorised changes of use,
a condition will be imposed on permissions prohibiting the provision of these
services.
1.6.9
Again as with a building for livestock, since a storage building for an arable
farm is an exception to the general restriction on new buildings ODZ, it should
continue to be used for that purpose. The Authority will not grant permission
for a non agricultural use if it is satisfied that there is a continuing need for
agricultural storage buildings in the area. Account will be taken of the length
of time the building has been unused (at least 5 years); the efforts made to
find another agricultural occupier or use; the number of applications submitted
for new agricultural buildings in the area, as well as other factors, in
determining if there is a continuing need.
1.6.10 Bee keeping is normally a small scale activity using small areas of land and
sometimes ancillary to other agricultural activities, rather than a form of
agriculture which forms the core of an agricultural enterprise, providing a full
time occupation or a livelihood. On-site storage is not essential, and so,
whilst encouragement is given for the reuse of existing buildings for storage, it
is not considered appropriate to grant consent for new buildings, given the
potential impact on the countryside.
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1.7
AGRICULTURAL BUILDINGS - GREENHOUSES
Agricultural
Buildings
Permission may be granted for the erection of a greenhouse Greenhouses
subject to the following criteria and, where applicable, to the
submission of an acceptable Environmental Impact Assessment:(1)
(2)
(3)
(4)
(5)
(6)
the applicant must be a farmer registered with the
Department of Agriculture, and the Malta Environment and
Planning Authority, in consultation with the Department of
Agriculture, considers that the proposal is essential to the
needs of agriculture and that it is essential for it to be
located in the area, and on the site, proposed;
the proposed development shall not : (a) be located within scheduled, listed, designated or
protected
• Areas of Ecological Importance
• Sites of Scientific Importance
• Areas or Sites of Archaeological Importance
(including a buffer zone under Class A and B)
• Areas of High Landscape Value
• Protected Landscape Area
• Special Areas of Conservation (excluding areas
protected for avifauna only)
• Strict Nature Reserves
• Tree/Woodland Reserves; and/or
(b) have an adverse impact (directly or indirectly) on
• any designated or listed Special Area of
Conservation
• Bird Reserves
• Scheduled Trees;
the structure is not proposed to be located on the side of a
valley or valley watercourse;
the proposed structure should not lead to the loss of trees or
landscape features which, in the opinion of the Malta
Environment and Planning Authority in consultation with the
Department of Agriculture, make an important contribution
to wild flora and fauna and/or the character and amenity of
the area and should be retained;
the structure shall be so sited, in accordance with the
guidance given in Part 4, that it does not have an adverse
impact on the landscape. In particular a location
(a) on or near a ridge, where the structure would break an
undisturbed skyline, or
(b) where it would obstruct or significantly intrude into a
pleasant and particularly panoramic view
will not be permitted;
the structure, together with other existing or proposed
similar structures on adjoining or nearby land, would not
detract from the rural character or landscape value of the
area in which it is proposed to be located;
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(7)
(8)
(9)
(10)
(11)
(12)
(13)
the structure shall be sited so that it would not obscure
visibility or otherwise cause a traffic hazard;
the development would not cause pollution of adjoining land,
watercourses or water aquifers;
where the structure is not screened by existing planting,
landscape features or buildings, landscaping will normally
be required, which should be in accordance with the
approved Guidelines on Trees, Shrubs and Plants for
Planting & Landscaping in the Maltese Islands and which
does not overshadow the structure, and include provision
for the maintenance of existing (and proposed) rubble walls.
Structures which cover the whole of the site will not be
permitted and site coverage should not exceed 80%;
provision is made to store rain water run off (preferably
underground);
proposals for water and electricity supply and for drainage
are acceptable and would not have adverse impacts;
concrete solid floors will not be permitted and all structures
shall be fully demountable, thus allowing for reversion to
agricultural land; and
proposals for managing the farm and the site, including the
disposal of waste, are acceptable.
A condition will be imposed on all permissions requiring that,
should the structure cease to be used for the permitted purpose, it
should be demolished/dismantled and removed from the site and
the land returned to its former agricultural use.
1.7.1
Greenhouses include glass and metal or wood structures and the much more
common polythene and metal structures, and may take the form of high or
low tunnels with a single span or a number of spans. All these protected
cropping structures are intended for intensive crop cultivation, in part to
overcome some of the climatic and other constraints on fruit and vegetable
production, and the pressure for this type of development is likely to increase
in the future. The general objective of this policy is to permit this type of
structure provided that the impact on the environment is minimised and that
areas of ecological, archaeological, landscape and other value are protected.
Criteria 2(a) sets out a list of scheduled, listed, designated or protected sites
and/or areas where greenhouses will not be permitted. Criteria 2(b) allows
some flexibility, whereby the applicant must demonstrate to the satisfaction of
the Authority that the proposed development will not have an adverse impact,
including possible indirect impacts, on particular protected areas. Special
Areas of Conservation feature in both criteria 2(a) and 2(b). Criteria 2(a)
clearly states that the proposed development cannot be granted permission
within SACs (not referring to SACs that are protected for avifauna only). On
the other hand, criteria 2(b) specifies that the proposed development shall not
have an adverse impact on any designated or listed SAC. SACs in criteria
2(b) refers to both: (i) designated or listed SACs (protected for avifauna only)
that cover the site (or part of) of the proposed development; and (ii) any other
designated or listed SAC that does not cover the site of the proposed
development, but which may still be affected by the development.
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1.7.2
As with other agriculture buildings, there is a need to ensure that the structure
is essential to the needs of agriculture. Where the proposal is part of an
existing farm unit, the applicant should submit a short report indicating
•
•
•
•
•
the size of the unit, and the location of the other land;
the nature of the farming enterprise (type, amount etc. of crops grown);
the proposed function of the structure – crops to be grown, projected
yields and financial return - how this will contribute to the increased
efficiency and viability of the farm unit;
availability of water sources;
rationale for the choice of site, including reasons for the rejection of
alternative locations on the applicant’s land
Proposals which would be tantamount to the creation of a new agricultural
unit (a protected cropping structure with no other land, for example) require
more careful evaluation to ensure that they will become a viable farm unit and
hence essential to the needs of agriculture. The same kind of information is
required, but with more emphasis on (a) projected returns and (b) the
applicant’s capabilities to successfully operate the unit.
1.7.3
Glass, and to a lesser extent polythene, are reflective in bright sunlight and so
tend to be very visible. This visibility is exacerbated by the generally large
size of the structures, with the average ‘greenhouse’ being around 500m2,
and so they are likely to have a significant impact on the countryside. Careful
consideration must be given to their location to maintain and enhance the
character and quality of the rural landscape, and paragraph 4.2.1 of Part 4
provides further guidance. These units tend to be sited on valley bottoms or
on shallow clay slopes where soils are fertile and have good water retention
and thus they may be visible from surrounding higher ground. Criteria 2 to 6
indicate those locations where greenhouses will not be acceptable. Sites
where the structure would break the skyline and so be particularly intrusive
should be avoided, and the structures set back at least 50 metres from a
ridge. Account will also be taken of the cumulative impact which a number of
greenhouses may have on a particular area. Grouping these structures may
reduce the spatial extent of their impact but, conversely, may intensify this
impact on a specific area, so that a balance should be achieved.
1.7.4
Landscaping is necessary to reduce the visual impact of structures on the
landscape. Greenhouses should, where possible, be orientated in a northsouth direction to receive maximum sunshine conditions in winter months,
and planting should take account of this orientation. Planting may, though,
be difficult unless there is sufficient site area to avoid overshadowing of the
structure by trees, and so greenhouses should not cover all the site; normally
leave 20% of the site open to be landscaped; and be set back from the
boundary by at least 3 metres to allow for landscaping. Mounding or rubble
walls may help screen views, or the units may be sited amongst other
buildings to minimise visual impacts.
1.7.5
As with other forms of agricultural activity carried out within buildings or
structures, the disposal of waste from, and the prevention of pollution by,
protecting cropping requires careful consideration.
1.7.6
Proposals for storage buildings associated with greenhouses will be
considered in accordance with the criteria set out in policy 1.6. Appendix 2
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sets out those greenhouse or protected cropping structure proposals which
require an EIA.
1.8
AGRICULTURAL STRUCTURES - RESERVOIRS AND PUMP
ROOMS
Permission may be granted for the construction of reservoirs and
pump rooms subject to the following criteria :(1)
(2)
(3)
(4)
(5)
(6)
(7)
the applicant must be a farmer, registered with the
Department of Agriculture, and must have operated in
conformity with all permissions granted by the Malta
Environment and Planning Authority (or its predecessors);
the Malta Environment and Planning Authority, in
consultation with the Department of Agriculture, considers
that a reservoir of the size proposed is essential to the
satisfactory operation of the farm and that it would
significantly increase productivity and soil and water
conservation;
the structure(s) shall be located within land tilled or farmed
by the applicant;
the proposed structure(s) shall not : (a) be located within scheduled, listed, designated or
protected
• Areas of Ecological Importance (Level 1 and 2)
• Sites of Scientific Importance
• Areas or Sites of Archaeological Importance
(including a buffer zone under Class A and B)
• Strict Nature Reserves; and/or
(b) have an adverse impact (directly or indirectly) on
• Protected Landscape Area
• Areas of High Landscape Value
• Tree/Woodland Reserves
• any designated or listed Special Area of
Conservation
• Bird Reserves
• Scheduled Trees
or would not adversely affect areas of quaternary deposits;
the proposed structure(s) is located on least good quality
agricultural land where this is feasible;
the proposed structure(s) should not lead to the loss of trees
or landscape features which, in the opinion of the Malta
Environment and Planning Authority in consultation with the
Department of Agriculture, make an important contribution
to wild flora and fauna and/or the character and amenity of
the area and should be retained;
a reservoir should not exceed a height of 1.7m above ground
level and a pump room should not exceed a height of 1.1m
above ground level and a floor area of 4m2; and
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Agricultural
Structures –
Reservoirs
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Rooms
PART ONE
(8)
the structure(s) shall be so sited, in accordance with the
guidance given in Part 4, that it does not have an adverse
impact on the landscape. In particular a location
(a) on or near a ridge, where the structure would break an
undisturbed skyline, or
(b) where it would obstruct or significantly intrude into a
pleasant and particularly panoramic view
will not be permitted.
1.8.1
The recent increase in the amount of irrigated agricultural land is likely to
continue, particularly as it has benefits in increased production; whilst the
encouragement of the collection and reuse of surface water runoff will
contribute to a reduction in the exploitation of groundwater and in flooding. In
general terms these are trends which should be supported, but they may well,
together with agricultural land fragmentation and the small size of arable farm
holdings, lead to a continuing, and perhaps increasing, pressure for additional
structures for the storage and distribution of water.
1.8.2
In accordance with Class 11 of the Development Notification Order 2001
(DNO), many agricultural reservoirs and pump rooms do not require
development permission but only notification. Reservoirs which require
development permission, as provided in the DNO, are those which exceed
1) 1.7m (6 courses) in height above ground level;
2) 36 m2 floor area where partly below ground level;
3) 100 m2 floor area where wholly underground;
or are not located on land used for cultivation at the time the reservoir is
constructed.
1.8.3
Pump houses requiring development permission are those which exceed
1) 1.1 m (4 courses) in height;
2) 4 m2 floor area;
3) a distance of 1 metre from the reservoir or borehole which they serve
or do not serve boreholes registered with the Water Services Corporation or
existing operational reservoirs.
1.8.4
The policy encourages the provision of new water storage capacity, whilst
minimising any adverse environmental impacts. Since the structures which
would be subject to this policy would exceed the dimensions for permitted
structures, then the need for them must be clearly demonstrated. The
applicant should submit a statement which indicates
• the reasons for the choice of site, and how it relates to the land farmed by
the applicant;
• the rationale for the requirement for a structure of the size proposed,
including how it will contribute towards increased productivity and/or soil
and water conservation; and
• why a structure of the dimensions permitted by the DNO is insufficient.
1.8.5
It is important that, for reservoirs, the height above ground level and, for pump
rooms, the overall size is limited. Normally these structures should be sited
below ground level. The criteria set out those areas or locations where
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these structures should not be sited. In addition to the areas/sites of
ecological, scientific or archaeological importance, this policy protects areas
of quaternary deposits since these would be adversely affected by the
excavation of reservoirs. Criteria 4(a) sets out a list of scheduled, listed,
designated or protected sites and/or areas where reservoirs and pump rooms
will not be permitted. Criteria 4(b) allows some flexibility, whereby the
applicant must demonstrate to the satisfaction of the Authority that the
proposed structure(s) will not have an adverse impact, including possible
indirect impacts, on particular protected areas. Special Areas of Conservation
feature in both criteria 4(a) and 4(b). Criteria 4(a) clearly states that the
proposed development cannot be granted permission within SACs (not
referring to SACs that are protected for avifauna only). On the other hand,
criteria 4(b) specifies that the proposed development shall not have an
adverse impact on any designated or listed SAC. SACs in criteria 4(b) refers
to both: (i) designated or listed SACs (protected for avifauna only) that cover
the site (or part of) of the proposed development; and (ii) any other
designated or listed SAC that does not cover the site of the proposed
development, but which may still be affected by the development.
1.9
LAND RECLAMATION
The conversion of non agricultural land, including quarries, and
the reclamation of abandoned or derelict agricultural land for
agriculture will be permitted, provided that : 1)
2)
the land is not scheduled, listed, designated or protected for
other purposes in a Local Plan or otherwise of ecological,
scientific and archaeological importance; and
the proposed development does not : (a) have a detrimental affect on designated or listed
Special Areas of Conservation, and/or
(b) lead to the loss of trees or landscape features which, in
the opinion of the Malta Environment and Planning
Authority in consultation with the Department of
Agriculture, make an important contribution to wild
flora and fauna and/or the character and amenity of the
area and should be retained.
1.9.1
It is the policy of the Department of Agriculture to increase the amount of land
under vines, to raise local production of quality wine grapes using modern
vineyard management techniques. This will involve the conversion of non
agricultural land (which is development) as well as the use of current
agricultural land (for which development permission is not required).
Elsewhere viticulture offers the potential for the rehabilitation of abandoned
fields, or indeed of abandoned quarries, with a consequent positive impact on
the landscape. Permission for new vineyards is required from the Department
of Agriculture.
1.9.2
The reclamation or conversion of non agricultural land for vineyards or for
arable uses is acceptable provided that the land is not of ecological, scientific
and archaeological importance; in particular garigue should be protected from
‘reclamation’. Moreover, the Authority must be satisfied that the proposed
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Reclamation
PART ONE
development will not have an adverse impact, including indirect impacts, on
Special Areas of Conservation. Appendix 2 indicates when an EIA is required
for proposals involving land reclamation.
1.10
WINERIES
Wineries
The preferred location for wineries is on land designated in a
Local Plan (or in a Temporary Provisions Scheme) for industrial
development. Permission will NOT be granted for the development
of a winery ODZ, except for
(a)
the change of use or rehabilitation of a disused or underutilised building of architectural or historic value located in,
or immediately adjoining, the vineyard it is intended to serve,
subject to the following criteria : (1) the vineyard is registered with the Department of
Agriculture;
(2) the winery is not of a scale such that it could be located
in an industrial area;
(3) the winery would not adversely affect a scheduled,
listed, designated or protected area including
• Areas of Ecological Importance
• Sites of Scientific Importance
• Areas or Sites of Archaeological Importance
(including a buffer zone under Class A and B)
• Areas of High Landscape Value
• Protected Landscape Area
• any designated or listed Special Area of
Conservation
• Scheduled Trees
• Strict Nature Reserves
• Tree/Woodland Reserves
• Bird Reserves;
(4) the development should not lead to loss of trees or
landscape features which, in the opinion of the Malta
Environment and Planning Authority in consultation with
the Department of Agriculture, make an important
contribution to wild flora and fauna and/or the character
and amenity of the area and should be retained;
(5) the character and architectural or historical value of the
building is safeguarded and enhanced;
(6) an extension of limited scale may be permitted where it
is demonstrated, to the satisfaction of the Authority, that
such an extension is essential to the operation of the
winery. The extension should be located on non
agricultural or least good quality agricultural land;
designed and use materials so that it does not detract
from the character and architectural or historical value
of the existing building; not located on the side of a
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PART ONE
valley or valley watercourse; and the footprint of the
extension shall not exceed the footprint of the existing
building by more than 25% (limited to a once and for all
extension and if there is more than one building, to an
extension to one building only);
(7) the road network serving the site is capable of dealing
satisfactorily with the traffic generated by the
development; the vehicular access to the site is
appropriately located and does not cause a traffic
hazard, and adequate parking and manoeuvring space is
provided within the site;
(8) proposals for waste disposal, electricity supply, water
collection/supply, drainage and sewage disposal are
acceptable and would not have adverse impacts; and
(9) the proposals for managing the vineyard and the site
and for landscaping the site, including a programme for
implementation and maintenance, are acceptable and in
accordance with the approved Guidelines on Trees,
Shrubs and Plants for Planting & Landscaping in the
Maltese Islands, and include provision for the
maintenance of existing (and proposed) rubble walls.
or
(b)
the erection of a small new building of not more than 150m2
floorspace within the vineyard it is intended to serve,
provided that : (1) there are no suitable buildings for conversion within or
immediately adjoining the vineyard;
(2) the vineyard has been in operation for at least 2 years
prior to the submission of the application for the
building;
(3) the vineyard is registered with the Department of
Agriculture and consists of consolidated land holdings
having a total land area of not less than 2 hectares in
size;
(4) the land is not scheduled, listed, designated or protected
for other purposes in a Local Plan or otherwise of
ecological, scientific and archaeological importance;
(5) the building is located on least good quality agricultural
land;
(6) the building is designed and uses materials such that it
does not detract from the character of the surrounding
area;
(7) the building is not located on the side of a valley or
valley watercourse; and
(8) subject to criteria (4),(7), (8) and (9) in policy 1.10(a).
The applicant will be required to enter into a planning obligation
to tie the ownership, occupation and use of the winery to the
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vineyard, such that the winery building is not sold or transferred
to third parties unless in conjunction with the vineyard and, in that
case, both continue in operation.
1.10.1 Although new vineyards are encouraged, the growth in production of vines
should take place without resulting in pressure for unnecessary development
in the countryside. The processing of grapes in a winery is an industrial
operation. With the widespread availability of designated industrial land and
the consequent minimal travel time/distance for the transport of grapes,
wineries can be located on industrial land within the development boundary
and do not require a countryside location. So permission will not be granted
outside the development boundary for the development of wineries of an
industrial scale, that is a winery designed to process imported grapes,
concentrates, etc or locally grown grapes from a variety of sources other than
a single small ‘estate’.
1.10.2 An ‘estate’ winery may offer the opportunity for the renovation or reuse of a
disused or underused building of architectural or historical value in the
countryside, especially if coupled with or part of a farm diversification
enterprise of the kind considered in Part 2. The criteria are largely directed to
ensuring that the impact of the winery on the building and the landscape is
minimised. In particular extensions (which may include the excavation of
cellars below ground level) should be well designed and small scale,
proposals for the disposal of waste satisfactory and the road network capable
of accommodating the type and volume of traffic which will be generated by
the winery. Depending on the location of the building in the wider landscape,
and its precise relationship to the vineyard, additional landscaping in the form
of new tree planting may not always be required.
1.10.3 Whilst preference is given to the use of existing buildings, permission may be
granted for a new building of limited scale, again especially if part of a farm
diversification enterprise of the kind considered in Part 2, where there are no
suitable buildings for conversion. So the Authority will require evidence that
there are no buildings within or adjoining the vineyard which are suitable for
conversion or use. In addition, the vineyard should (i) be registered with the
Department of Agriculture, (ii) have a total land area of not less than 2
hectares in size, and (iii) consist of consolidated land holdings; evidence
should be submitted to show that the vineyard has been in operation for at
least 2 years (in order to determine that a winery is actually required). To
minimise the size and scale of the building, where possible winemaking
equipment and storage of wine should be located below ground level and
should be small scale.
1.10.4 Whether a winery is created through conversion or new build, it is essential
that the ownership of vineyard and winery are ‘tied’ together so they are not
sold off separately.
1.11
OLIVE OIL PRODUCTION
Olive
Oil
Production
Policies 1.9 Land Reclamation and 1.10 Wineries will be applied to
proposals for olive groves and for facilities for olive oil production
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1.11.1 As noted earlier, the RDP gives encouragement to farmers to increase the
quality of their products and to identify and cater to specific niche markets. It
may be that, apart from wine production, the production of olive oil or other
olive based products is one such market, and since local climatic and soil
conditions are highly suitable for the growing of olives, there may be a
growing pressure for this type of development. In general terms, the
considerations which apply to vineyards and wineries apply also to the
growing of olives and to the production of olive oil, and so the content of
policies 1.9 and 1.10 will be used to determine applications for these
activities. In particular, as with wineries, the olive oil production should not be
of such a scale that it should be located in an industrial area and
growers/producers should be registered with the Department of Agriculture.
As with new build wineries, proposals for buildings for olive oil production
should demonstrate that the production facilities are necessary and that olive
production has been underway for at least two years.
1.12
Buildings
For
Other
Forms
Of
Buildings for other forms of agriculture will be assessed against
Agriculture
BUILDINGS FOR OTHER FORMS OF AGRICULTURE
criteria (6) in policy 1.3, criteria (2), (3), (5), (6) and (8) to (16) in
policy 1.5A and criteria (3), (10) and (14) in policy 1.6A. In
particular, the Authority will look carefully at the need for the
enterprise and for the building, and will satisfy itself that it is
essential
(a) to the needs of agriculture; and
(b) that it be located in the area and on the site proposed.
1.12.1 There may be proposals for buildings to house other forms of agriculture,
such as mushroom farming, which do not fall into any of the categories of
buildings, structures or enterprises already dealt with. This policy provides
broad encouragement whilst ensuring that such buildings are essential;
appropriately located and have minimal environmental and other impacts.
1.12.2 A test of need must be applied to ensure that the development is essential to
the needs of agriculture. The test is, in essence, the same as that in
paragraph 1.5.2 and information similar to that set out in that paragraph and
in paragraphs 1.6.2/1.7.2 will be required. In addition, it must be
demonstrated that it is essential that it be located in the area and on the site
proposed. Certain forms of agriculture do not necessarily require a
countryside location, particularly where they are carried out in a building, and
have no relationship with, or make no (productive) use of, the land.
Proposals for these will be critically examined to ensure that it is essential that
they are located on the site applied for and that there are not alternative and
equally suitable locations which are not outside the development zone.
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PART TWO
PART 2 FARM DIVERSIFICATION
2.1
INTRODUCTION
2.1.1
The previous Part considered development which is directly related to
agricultural operations and production. This Part deals with some forms of
development which are based on agriculture and on farm businesses but
which are not directly related to agricultural production or activities.
2.1.2
The central focus in this Part is on farm diversification – activities, which
augments or supplement, but do not replace, agricultural activity, thereby
leading to a broadening of ‘farm based’ activities and income and so
potentially contributing to the integrated development of rural areas.
2.1.3
After looking at the context provided by the emerging Rural Development
Plan, and at the policy context of the Structure Plan, policies are set out for
visitor attractions, farm sales and horse riding establishments.
2.2
CONTEXT
2.2.1
The Rural Development Plan
As noted earlier in paragraphs 1.2.3 to 1.2.7, the promotion of farm
diversification forms an important part of the measures proposed in the RDP.
This Plan gives encouragement to, and proposes aid for, a range of farm
based activities and operations which are likely to complement farm
diversification and may act as tourist/visitor attractions, including
•
•
•
•
•
•
small scale farm based processing plants marketed as visitor attractions
wine making, tasting and direct sales operations
olive oil production and direct sales operations
cheeselet production, tasting and direct sales operations
other food product preparation, tasting and direct sales operations
farm direct sale outlets for products and crafts
new/upgraded cultural heritage visitor attractions and interpretation
centres and other support infrastructure
new/upgraded craft related workshops/visitor attractions, including
traditional crafts associated with sheep wool
infrastructure for countryside access for walking, riding, cycling etc
facilities for, inter alia, horse riding and other rural pursuits
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PART TWO
2.2.2
Central to this encouragement, though, are
•
•
•
2.2.3
the augmentation and diversification, but not the cessation or
replacement, of farm enterprises;
the conversion/reuse/upgrading of redundant or under-utilised buildings
and other rural resources;
that the activities must be environmentally friendly and compatible with
protecting and improving the ‘rural heritage’.
The Structure Plan
The Structure Plan policy context for agricultural development, outlined in
paragraphs 1.2.8 to 1.2.14, is also relevant to a consideration of farm
diversification. In particular, Policy AHF 5 deals with farm shops and with the
conversion of existing buildings as follows
Criteria 4: "Farm gate" retail outlets will be permitted. Suitable off road
vehicle parking and traffic safety measures shall be included
Criteria 5: The sensitive conversion of existing farmhouses and other
farm buildings in the countryside for rural recreation use will be
permitted.
2.2.4
Further support is provided for the conversion of existing buildings in the
countryside by Policy UCO 11, which deals with buildings of architectural or
historic interest :
In areas where development will not otherwise be allowed, the
conversion of buildings of architectural or historical interest may be
permitted in appropriate circumstances where this would preserve a
building. In such cases new uses which provide public access are
preferred unless this would be detrimental to the amenity of the
surrounding area.
and by Policy RCO 2
… the overall aim is to improve the rural environment. To this end the
rehabilitation and suitable change of use of some buildings will be
permitted, in conjunction with the removal of other buildings and
structures which adversely affect the rural environment.
2.2.5
Finally, policy RCO 41 encourages the establishment of field centres and of
“…interpretive Visitor Centres associated with Conservation Areas, providing
that these are established in harmony with other policies and regulations.”
2.2.6
The emphasis, then, is very much on the reuse and rehabilitation of existing
buildings, particularly those which are redundant.
2.2.7
Agriculture and Biodiversity
A healthy and well-protected countryside contributes towards the success of
farm diversification. Given that most of the countryside is characterised by
agricultural land, farming plays an important role in the proper management of
the countryside and protection of its biodiversity. Paragraphs 1.2.16 to 1.2.19
explain (i) the relationship between agriculture and biodiversity; and (ii) the
various mechanisms of the Rural Development Plan for integration of
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biodiversity considerations in agricultural practices. These mechanisms are
applicable to farm diversification objectives.
2.2.8
Flora, Fauna and Natural Habitats Protection Regulations, 2003
Paragraphs 1.2.20 to 1.2.26 explain the provisions of the Flora, Fauna and
Natural Habitats Protection Regulations of 2003 (L.N. 257 of 2003) with
respect to Special Areas of Conservation, protected species of wild flora and
fauna and preparation of planning policies for the conservation of the natural
beauty and amenity of the land which are of major importance for wild fauna
and flora. These provisions are also applicable to development and planning
policies on farm diversification.
2.3
VISITOR ATTRACTIONS
A
Permission may be granted for the conversion of existing vacant
or redundant agricultural buildings to visitor attraction uses which
will enhance the experience of visitors, including tourists, to rural
areas subject to the following criteria
(1)
(2)
(3)
(4)
(5)
(6)
Visitor
Attractions
the use forms part of an established and continuing farming
enterprise and is complementary to that enterprise, so that
the use will not lead to the cessation of the agricultural
activity or adversely affect its viability or operations;
the Malta Environment and Planning Authority is satisfied
that the building is genuinely redundant and that the
conversion will not result in a proposal for the construction
of a replacement building;
the use would not adversely affect a scheduled, listed,
designated or protected area including
• Areas of Ecological Importance
• Sites of Scientific Importance
• Areas or Sites of Archaeological Importance (including
a buffer zone under Class A and B)
• Areas of High Landscape Value
• Protected Landscape Area
• designated or listed Special Areas of Conservation
• Scheduled Trees
• Strict Nature Reserves
• Tree/Woodland Reserves
• Bird Reserves;
the development should not lead to loss of trees or
landscape features which, in the opinion of the Malta
Environment and Planning Authority in consultation with the
Department of Agriculture, make an important contribution
to wild flora and fauna and/or the character and amenity of
the area and should be retained;
the character and architectural or historical value of the
building is safeguarded and enhanced;
an extension of limited scale may be permitted where it is
demonstrated, to the satisfaction of the Authority, that such
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an extension is essential to the operation of the attraction.
The extension should be located on non agricultural or least
good quality agricultural land; designed and use materials,
in accordance with the guidance given in Part 4, so that it
does not detract from the character and architectural or
historical value of the existing building; not located on the
side of a valley or valley watercourse; and the footprint of
the extension shall not exceed the footprint of the existing
building by more than 25% (limited to a once and for all
extension and if there is more than one building, to an
extension to one building only);
(7) the use shall be of a scale which respects the character of
site and the surrounding area;
(8) the road network serving the site is capable of dealing
satisfactorily with the traffic which will be generated by the
development and the vehicular access to the site is
appropriately located and does not cause a traffic hazard;
(9) adequate manoeuvring and visitor parking space is provided
within the site;
(10) proposals
for
waste
disposal,
electricity
supply,
telecommunications, water supply, drainage and sewage
disposal are acceptable and would not have adverse
impacts; and
(11) the proposals for managing the site and the enterprise, and
for landscaping the site, including
a programme for
implementation and maintenance, are acceptable and in
accordance with the approved Guidelines on Trees, Shrubs
and Plants for Planting & Landscaping in the Maltese
Islands, and include provision for the maintenance of
existing (and proposed) rubble walls.
The applicant may be required to enter into a planning obligation
to carry out works to provide (or to otherwise provide) wider
environmental benefits, where the Authority considers this to be
in the interests of the proper planning of the area.
B
Permission will not normally be granted for the erection of new
buildings for visitor attraction uses
2.3.1
As noted earlier, the strengthening of the rural economy through a
diversification or broadening of farm based activities will be encouraged,
provided that this does not have an adverse environmental impact and it
directly contributes to farm incomes, by complementing but not replacing ongoing agricultural activities.
2.3.2
The policy encourages this diversification through the bringing back into use
of disused buildings (with or without a modest extension), but not the erection
of new buildings. The type of attractions covered by this policy are those
noted earlier in paragraph 2.2.1 – the small scale farm based processing
plants which are marketed as visitor attractions (and so actively seek to
attract and cater for visitors), and which offer the ‘experience’ of production
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and the other related activities which go to create a finished product,
accompanied by ‘interpretation’, explanation, presentation, tasting, perhaps
participation, and the direct sale of finished products. Examples include wine
or olive oil production; making olive based products; preparing other food
products like cheese or tomato based products; and making craft items (inc
ceramics, smith or other handicrafts); although there may well be
opportunities for the interpretation of other agricultural activities.
2.3.3
In essence, the use must be
•
•
•
•
farm based
small in scale
a means of reusing redundant buildings
aimed at presenting and interpreting an activity to visitors
The Authority will require a detailed description of the activity/use and a
statement showing how it is related to the current agricultural activities of the
farm enterprise. The statement should clearly indicate the expected number
of visitors; the precise means by which the activity will be
interpreted/presented; the facilities proposed for visitors etc.; it should also
clearly describe and quantify the scale of production; the
machinery/equipment to be used; likely vehicle movements to and from the
site; the number of employees/staff; etc. MEPA will seek to assure itself that
the activity is not one which, because of its scale or nature, should be carried
out in a designated industrial area, rather than ODZ.
2.3.4
Since the emphasis is on the reuse of existing vacant buildings, the Authority
will need to be assured that the proposal will not result in later pressure to
construct a new building as a replacement for the space/activity lost through
conversion. The project description statement should therefore indicate the
previous/last use of the building, the length of time for which it has been
unused, and the reasons why there is no longer a need for the last use to be
carried out in that building (if that activity has ceased altogether or is carried
out elsewhere, then this should be clearly indicated).
2.3.5
Whilst ‘visitor attractions’ are broadly encouraged, their environmental
impacts must be acceptable and minimal. The criteria are designed to ensure
that, having established that the proposal will contribute to farm diversification
and to the more detailed objectives discussed above, the proposed use will
not detract from the character or value of the building in which it is to take
place; will be of an appropriate scale; and will not have an adverse impact on
the road network. The approach roads to the site should be of adequate
width (able to accommodate two way traffic with ease) and appropriate offstreet parking should be provided so that parking on the road is not
encouraged especially where this would be dangerous or inconvenient.
2.3.6
Where there are opportunities for the proposal to provide wider environmental
benefits on the farm by, for example, tree planting, the screening of existing
unsightly farm structures; the removal of derelict buildings, or the restoration
or maintenance of rubble walls, MEPA may require the applicant to enter into
a planning obligation to secure these benefits.
2.3.7
Since one of the central objectives of encouraging farm diversification is the
maintenance and improvement of the rural environment and the use and re-
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use of rural resources, permission will only be given for the conversion of
existing redundant buildings, and not for the construction of new buildings.
2.3.8
There may be a number of proposals for farm diversification projects based
on activities for which policies are set out in Part 1, mainly wine and olive oil
production; these proposals will be considered in relation to those policies
and the policies in this Part.
2.4
FARM RETAIL OUTLETS
A
Permission may be granted for the conversion/change of use of
vacant or redundant agricultural buildings (or parts of buildings)
to farm shops subject to the following criteria:-
Farm Shops
(1)
the use forms part of an established and continuing farming
enterprise and is complementary to that enterprise, so that
the use will not lead to the cessation of the agricultural
activity or adversely affect its viability or operations;
(2) the Malta Environment and Planning Authority is satisfied
that the building is genuinely redundant and that the
conversion will not result in a proposal for the construction
of a replacement building;
(3) the goods sold shall be restricted to agricultural produce
only and retail sales shall take place within the building only;
(4) the retail use does not exceed 50m2 floor space;
(5) the character and architectural or historical value of the
building is safeguarded and enhanced;
(6) permission will not be granted for the erection of an
extension to the building;
(7) the use would not lead to or have an adverse impact on
agricultural land;
(8) the use would not adversely affect a scheduled, listed,
designated or protected area including
• Areas of Ecological Importance
• Sites of Scientific Importance
• Areas or Sites of Archaeological Importance (including
a buffer zone under Class A and B)
• Areas of High Landscape Value
• Protected Landscape Area
• designated or listed Special Areas of Conservation
• Scheduled Trees
• Strict Nature Reserves
• Tree/Woodland Reserves
• Bird Reserves;
(9) the use would not have an adverse impact on the amenity of
the surrounding area, particularly on any nearby dwellings;
(10) the road network serving the site is capable of dealing
satisfactorily with the traffic which will be generated by the
development and the proposal would not give rise to
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(11)
(12)
(13)
(14)
congestion or to on-street parking, especially on arterial or
distributor roads;
the vehicular access to the site is appropriately located and
does not cause a traffic hazard;
adequate manoeuvring space and visitor parking space is
provided within the site;
proposals for waste disposal, electricity supply, water
supply, drainage and sewage disposal are acceptable and
would not have adverse impacts; and
the proposals for managing the enterprise and the site, and
for landscaping the site, including
a programme for
implementation and maintenance, are acceptable and in
accordance with the approved Guidelines on Trees, Shrubs
and Plants for Planting & Landscaping in the Maltese
Islands, and include provision for the maintenance of
existing (and proposed) rubble walls.
B
Exceptionally, where the Authority is satisfied there is no
redundant or vacant existing agricultural building available or
capable of being used for a farm retail outlet, permission may be
granted for the roadside sale of agricultural produce or products,
provided that the sale of goods takes place from a vehicle which
is removed from the site at the end of each day and is not left on
site overnight. In addition criteria (1), (3) and (7) to (10) of 2.4A
apply, with particular emphasis on the criteria dealing with
highway safety, so that roadside sales will not be permitted on
arterial roads, at road junctions or in other locations where the
use might obstruct visibility, give rise to danger or disrupt the
flow of traffic.
C
Permission will not be granted for the erection of new buildings
for farm retail outlets, except in rural settlements where provided
in Local Plans.
2.4.1
Roadside shopping and farm shops are reasonably well established forms of
retailing and the direct sale of genuinely local farm produce or traditional
products to passing trade is a natural countryside activity, which can aid in the
diversification of farming enterprises and incomes. Some limited growth is
likely, particularly where linked to farm-based production, with the
encouragement given in the Rural Development Plan.
2.4.2
This policy is not concerned with those retail uses which may form part of a
larger visitor attraction of the type covered by policy 2.3, but with ‘stand alone’
farm retail outlets and, in B, with roadside sales.
2.4.3
As with the other policies in this Part, which encourage the reuse of existing
vacant buildings, the Authority will
•
need to be assured that the proposal will not result in the cessation of a
farming enterprise or in later pressure for a replacement building and a
project description statement, as outlined in paragraph 2.3.4, will be
required; and
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•
not grant permission for the construction of new buildings for farm sales.
2.4.4
Apart from these concerns, the key planning issues are the scale and nature
of the retail use and its potential impacts, particularly on highway safety and
on the building in which it is to be located. Farm based retail outlets should
be small and should sell only produce or products from the farm business, to
ensure that they are genuine farm outlets and do not become more general or
larger retail enterprises, thus circumventing other retail planning policies. A
limit is placed on the amount of retail floorspace, and a condition will be
imposed on a permission to restrict the type of goods which may be sold.
These goods should comprise (all or some of) fresh fruit and vegetables; and
products made from agricultural produce such as wine, oil, cheese, honey,
etc.
2.4.5
Farm shops should be located where the approach roads to the site are wide
enough to accommodate two way traffic with ease and where they would not
encourage parking on the road, in circumstances where this would be
dangerous or inconvenient (near bends, junctions etc., or where the road is
narrow). Off-street parking should be provided and the access to it formed in
an appropriate and safe location.
2.4.6
Physical changes to a building should be kept to a minimum and should not
have an adverse effect on its character and similarly there should be limited
physical change to the land around the building. Given the small permitted
floorspace, there should normally be no need for an extension. Cold storage,
where required, can be provided within the building or underground.
2.4.7
Roadside sales of farm produce/products from a vehicle, which is removed
from the site at night, may be acceptable in those circumstances where the
farm business has no redundant building for conversion. The Authority will
require the applicant to demonstrate that there is no building on the enterprise
which meets the criteria for conversion set out in Part A of the policy.
However, roadside sales can be a source of congestion and of danger to
pedestrians and vehicles so this aspect will be carefully assessed, and sales
will not be permitted where they would give rise to potential hazards or
danger. They can also be unsightly and so should only be on site for a limited
period each day.
2.5
HORSE RIDING ESTABLISHMENTS
A
Horse
Riding
Permission may be granted for the change of use or conversion of Establishments
existing buildings, particularly existing redundant livestock farms,
to horse riding establishments, or for extensions to existing
establishments, subject to the following criteria :(1)
(2)
the Malta Environment and Planning Authority is satisfied
that the building is genuinely redundant and that the
conversion will not result in a proposal for the construction
of a replacement building;
the development would not adversely affect a scheduled,
listed, designated or protected area including
• Areas of Agricultural Value
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•
•
•
(3)
(4)
(5)
(6)
(7)
Areas of Ecological Importance
Sites of Scientific Importance
Areas or Sites of Archaeological Importance (including
a buffer zone under Class A and B)
• Areas of High Landscape Value
• Protected Landscape Area
• designated or listed Special Areas of Conservation
• Scheduled Trees
• Strict Nature Reserves
• Tree/Woodland Reserves
• Bird Reserves;
the development should not lead to loss of trees or
landscape features which, in the opinion of the Malta
Environment and Planning Authority in consultation with the
Department of Agriculture, make an important contribution
to wild flora and fauna and/or the character and amenity of
the area and should be retained;
the development would not have a significant adverse
impact on the amenity of the area and of adjacent land uses,
including residential property;
the character and architectural or historical value of the
building is safeguarded and enhanced;
an extension of limited scale may be permitted where it is
demonstrated, to the satisfaction of the Authority, that such
an extension is essential to the operation of the riding
establishment, and in particular to meet the space or other
standards for animal welfare, hygiene etc. The extension
should
(a) not be located on the side of a valley or valley
watercourse;
(b) be located on non agricultural or least good quality
agricultural land; and
(c) designed and use materials so that it does not detract
from the character and architectural or historical value
of the existing building.
The footprint of the extension shall not exceed the footprint
of the existing building by more than 25% (limited to a once
and for all extension and if there is more than one building,
to an extension to one building only), except where the
Authority is satisfied that the area in which the enterprise is
situated is one which has distinct advantages or attractions
for horse riding, especially where so identified in a Local
Plan, and that a larger extension is essential;
the road network serving the site is capable of dealing
satisfactorily with the traffic generated by the development;
the vehicular access to the site is appropriately located and
does not cause a traffic hazard, and adequate manoeuvring
space and car parking space for visitors is provided within
the site;
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(8)
proposals for water supply, electricity supply, drainage and
sewage disposal are acceptable;
(9) the proposals for management, storage, treatment and
disposal of waste and effluent are acceptable and the
development would not cause pollution of adjoining land,
watercourse or water aquifers;
(10) the proposals for managing the enterprise and the site, and
for landscaping the site, including
a programme for
implementation and maintenance, are acceptable and in
accordance with the approved Guidelines on Trees, Shrubs
and Plants for Planting & Landscaping in the Maltese
Islands, and include provision for the maintenance of
existing (and proposed) rubble walls; and
(11) any paddocks, exercise or training areas should be
• located immediately adjoining the building(s);
• on non agricultural or least good quality agricultural
land and not on land irrigated from naturally occurring
sources of water; and
• where necessary, surfaced and enclosed in appropriate
materials which do not have an adverse visual or other
impact.
The applicant may be required to enter into a planning obligation
to carry out works to provide (or to otherwise provide) wider
environmental benefits, where the Authority considers this to be
in the interests of the proper planning of the area.
B
Permission will not be granted for the erection of a new dwelling
for a new or existing riding establishment.
2.5.1
One of the Priorities of the Rural Development Plan is the transformation of
the rural economy from its traditional base in food production to a
multifunctional system through farm diversification. In addition to the forms of
‘infrastructure’ considered earlier, the RDP encourages (and suggests
investment in) the provision of infrastructure for countryside access for
walking, riding, cycling etc. Facilities for horse riding can thus have a role in
farm diversification, although not all proposals for horse riding establishments
are likely to form part of a larger farm business.
2.5.2
The type of equestrian establishment with which this policy is concerned are
those which offer mainly guided/accompanied treks or rides, and possibly,
horses/ponies for rent for unaccompanied rides and tuition, to visiting
members of the public. Other forms of ‘stables’ are dealt with in Part 3.
Since the attractions of this form of activity are the ‘experience’ and
enjoyment of the countryside and the pleasure of riding, horse riding
establishments need to be located in (or close to) pleasant and diverse
landscapes where there are a variety of riding routes (different directions,
length, terrain etc.) to cater for riders with differing ability.
2.5.3
Existing farm or other rural buildings provide an ideal base for the
establishment of new equestrian enterprises. The Authority considers that
new or additional equestrian enterprises should be located in existing
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buildings, both to help ensure new uses for traditional buildings and also to
reduce the pressure for new, isolated buildings in the countryside. It will
therefore be necessary for the applicant to demonstrate to the Authority that
the building(s) to be used/converted is redundant and will not require
replacement. A project description statement should be submitted which
gives full details of this and of the proposal including
•
•
•
•
the number of horses/ponies;
the location of the routes to be used;
the expected number of rides and their frequency;
the expected number of patrons.
so that the Authority can establish the suitability of the location and the
potential impacts of the proposal.
2.5.4
Some alteration or extension may be necessary in certain cases to provide
the appropriate space standards in the stables. Extensions should be limited
in size, both to minimise their land take and to safeguard the character of the
existing building(s). In areas particularly suited to horse riding, especially
where a Local Plan has identified such an area, the Authority may consider
an extension of a footprint greater than that specified in criterion 6, although
the need for such an extension must be demonstrated by the applicant.
2.5.5
Riding enterprises should be located where they would not give rise to
amenity impacts (from noise, smell, increased activity etc.) on dwellings not
connected with the enterprise. As with other forms of development involving
the housing of animals, the disposal of animal waste, bedding etc. requires
careful assessment and treatment to ensure that pollution does not occur.
Since this type of activity will be sited in rural areas, where some roads will be
narrow, it is important that the highway network is adequate to accommodate
the increased vehicular traffic which the enterprise will generate, as well as
the riding activity (where roads will be used). Adequate parking off the road
should be provided to avoid giving rise to traffic hazards or congestion.
2.5.6
In addition to stabling for the horses/ponies (stable space per animal : a range
of 20 to25 m2 floor space), horse riding enterprises are likely to require
storage space for fodder/feedstuffs, bedding, tack etc, as well as adequate
sanitary facilities, and perhaps a small office or rest room for staff. All this
should normally be accommodated within existing buildings. Outside space
requirements may, in addition to car parking, include a small yard for
mounting/dismounting and saddling etc, and some form of exercise area for
the horses. Where the enterprise offers tuition, then this space can be used
for tuition as well. These outside space requirements are provided for in the
policy. They should be kept to the minimum needed, to minimise land take
and other impacts.
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PART THREE
PART 3 STABLES
3.1
INTRODUCTION
3.1.1
This Part is concerned with stables for horses, other than those horse riding
establishments dealt with in Part 2. Horses may be kept for a variety of
purposes, including
•
•
•
•
leisure/recreational riding by their owner
racing
working - for karozzin or for use in agriculture
breeding
some of which are not necessarily mutually exclusive. The other form of
possible activity is the offering of livery services (the provision of housing and
care for horses for a charge).
3.1.2 This Part is concerned with stables for these activities (or for a combination of
these). Except for the now probably rare use of horses in the course of
agricultural activities, the stabling of horses is not an agricultural use nor
ancillary or related to such a use (it may be recreational or for business), so it
differs in this way from the other forms of development addressed in this
document. Should there be any proposals for stables for horses used in the
course of agricultural activities, they will be considered in the light of the
relevant policies in Part 1. Discussion in the remainder of this Part is directed
solely to the other types of stables.
3.2
3.2.1
CONTEXT
The Structure Plan
The policy context for a consideration of stables is that set out earlier in Part
1. Structure Plan policy SET 11 prohibits urban development in the
countryside. Those forms of development which are considered non urban
and hence legitimately located outside the development zone are defined in
paragraph 7.6 of the Plan as
…farmhouses and other genuine agricultural buildings, reservoirs,
picnic area toilets and car parks, and control buildings and walls/
fences at archaeological and ecological sites
3.2.2
3.2.3
So as noted above, since the keeping of horses is not an agricultural activity,
the erection of stables for horses is not a legitimate form of new development
in the countryside. However, policies UCO 11 and RCO 2, referred to in
paragraph 2.2.4, do permit the conversion or change of use of existing
buildings in particular circumstances.
Flora, Fauna and Natural Habitats Protection Regulations, 2003
Paragraphs 1.2.20 to 1.2.26 explain the provisions of the Flora, Fauna and
Natural Habitats Protection Regulations of 2003 (L.N. 257 of 2003) with
respect to Special Areas of Conservation, protected species of wild flora and
fauna and preparation of planning policies for the conservation of the natural
beauty and amenity of the land which are of major importance for wild fauna
and flora. These provisions are also applicable to development and the
planning policy on stables.
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PART THREE
3.3
POLICY FOR STABLES
A
Permission may be granted for the rehabilitation, conversion or
change of use of an existing building, particularly a redundant
livestock farm building, for the stabling for horses, subject to the
following criteria:(1)
(2)
(3)
(4)
(5)
(6)
(7)
the Malta Environment and Planning Authority is satisfied
that the building is genuinely redundant and the conversion
will not result in a proposal for the construction of a
replacement building. Proposals for the change of use of
buildings used for animal husbandry will be considered in
relation to policy 1.5D;
the development would not have an adverse impact on a
scheduled, listed, designated or protected area including
• Areas of Agricultural Value
• Areas of Ecological Importance
• Sites of Scientific Importance
• Areas or Sites of Archaeological Importance (including
a buffer zone under Class A and B)
• Areas of High Landscape Value
• Protected Landscape Area
• designated or listed Special Areas of Conservation
• Scheduled Trees
• Strict Nature Reserves
• Tree/Woodland Reserves
• Bird Reserves;
the proposal would not lead to the loss of trees or landscape
features which, in the opinion of the Malta Environment and
Planning Authority, make an important contribution to wild
flora and fauna and/or the character and amenity of the area
and should be retained;
the development will not have an adverse impact on public
boreholes, underground gallery systems, springs, pumping
stations or valleys which contribute to the natural recharge
of aquifers;
the development would not have a significant adverse
impact on the amenity of the area and of adjacent land uses,
including residential property;
the character and architectural or historical value of the
building is safeguarded and enhanced;
an extension of limited scale may be permitted where it is
demonstrated, to the satisfaction of the Authority, that such
an extension is essential to provide a satisfactory internal
environment, in terms of equine welfare and hygiene
standards. The extension should
(a) not be located on the side of a valley or valley
watercourse;
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Policy
For
Stables
PART THREE
(b) be located on non agricultural or least good quality
agricultural land; and
(c) designed and use materials, in accordance with the
guidance given in Part 4, so that it does not detract
from the character and architectural or historical value
of the existing building.
The footprint of the extension shall not exceed the footprint
of the existing building by more than 25% (limited to a once
and for all extension);
(8) any paddocks, exercise or training areas should
• be located immediately adjoining the building;
• use non agricultural or least good quality agricultural
land and not be located on land irrigated from naturally
occurring sources of water; and
• where necessary, be surfaced and enclosed in
appropriate materials which do not have an adverse
visual or other impact;
(9) the vehicular access to the site is appropriately located and
would not cause a traffic hazard, and adequate parking and
manoeuvring space is provided within the site;
(10) proposals for water supply and drainage are acceptable and
would not have adverse impacts, and provision is made for
the storage of surface water run off by means of an
underground reservoir;
(11) the proposals for management, storage, treatment and
disposal of waste and effluent are acceptable and the
development would not cause pollution of adjoining land,
watercourse or water aquifers; and
(12) the proposals for managing and landscaping the site,
including a programme for implementation and maintenance,
are acceptable and in accordance with the
approved
Guidelines on Trees, Shrubs and Plants for Planting &
Landscaping in the Maltese Islands, and include provision
for the maintenance of existing (and proposed) rubble walls.
The applicant may be required to enter into a planning obligation
to carry out works to provide (or to otherwise provide) wider
environmental benefits, where the Authority considers this to be
in the interests of the proper planning of the area.
B
Permission will not be granted for the erection of stables Outside
the Development Zone except
(1)
in those circumstances where all the following criteria are
met
(a) satisfactory proof of ownership of horses is submitted,
in the form of a declaration which indicates the number
of horses and which is endorsed by a veterinarian or by
the Department of Veterinary Services;
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PART THREE
(b) the applicant can demonstrate to the satisfaction of the
Authority that reasonable attempts have been made to
find a redundant rural building for conversion and these
have been unsuccessful;
(c) the land is not scheduled, listed, designated or protected
for other purposes in a Local Plan or otherwise of
ecological, scientific and archaeological importance;
(d) the proposed development is located
(i) on non agricultural or on least good quality
agricultural land and not on land irrigated from
naturally occurring sources of water;
(ii) adjoining or close to the development boundary of
an urban or rural settlement but at least 100
metres from adjacent dwellings or an inhabited
area or an area which is intended for residential,
residential
institutions,
hotels,
education,
assembly or leisure buildings, or tourism
development;
(e) the development would result in a wider environmental
benefit, including the improvement of the degraded land;
(f) the development is either adequately screened from
views from outside the site by existing structures or
planting or is proposed in the application to be
adequately screened, such that it would not have an
adverse impact on the landscape;
(g) the development does not exceed a height of 3.5 m and a
floorspace of 25m2 per stable including storage;
and subject to criteria (3) to (5) and (8) to (12) in policy 3.3A.
The Authority will favour small scale proposals for four or
less stables, and it will require strong justification for
developments in excess of this number.
The applicant will be required to enter into a planning obligation
to carry out works to provide (or to otherwise provide) wider
environmental benefits, where the Authority considers this to be
in the interests of the proper planning of the area.
(2)
within the curtilage of an existing dwelling subject to criteria
(2) to (5) and (8) to (12) in policy 3.3A and provided that
(a) the development is either adequately screened from
views from outside the site by an existing boundary wall
and/or by other existing structures or planting; or is
proposed in the application to be adequately screened.
The hard and soft landscaping proposed, including
boundary walls, should be appropriate, in terms of
siting; height; form; materials; type of plants; etc., to its
setting and not have an adverse impact on the
landscape;
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PART THREE
(b) the stable does not exceed a gross floorspace of 25m2
and a height of 3.5m;
(3)
where indicated in Local Plans.
The applicant may be required to enter into a planning obligation
to carry out works to provide (or to otherwise provide) wider
environmental benefits, where the Authority considers this to be
in the interests of the proper planning of the area.
3.3.1
The policy permits the conversion or change of use of existing buildings to
stables where this would result in the reuse of a redundant building, as a
means of improving the rural environment. The new use should not lead to
subsequent pressure for a replacement building.
3.3.2
In carrying out the conversion, the character, and where it is of historic or
architectural importance, the value, of the building should be maintained and
enhanced. Because of the requirement for reasonably wide door openings in
particular, it is likely that only those buildings of historical or architectural
value that were designed to accommodate animals will be suitable for
conversion/use. Provision will need to be made for the storage of fodder,
bedding and, perhaps, tack. The building(s) should be large enough for this
although a small extension may be permitted, where it is needed to provide
adequate standards of space for the animal(s). Any extension must enhance
and not detract from the character of the building.
3.3.3
The development should not have an adverse impact on scheduled,
designated or protected areas, and in particular the arrangements for the
collection and disposal of animal waste and bedding should be such that
there is no pollution of water resources.
3.3.4
In most cases some form of external space for exercise or training will be
needed, and the environmental impact of this should be limited and
ameliorated. Certainly good quality agricultural land should not be lost to this
form of activity, and in all cases the potential impact on agricultural land will
be carefully considered. Where exercise areas are formed, they should be
surfaced, where necessary, in a manner which does not have an adverse
visual impact, and which is reversible. Means of enclosure should be of
appropriate design and materials (wood is preferred, although electric fencing
is also acceptable and may offer greater flexibility, as well as reduced visual
impact), and landscaping will be required to soften the impact.
3.3.5
The volume and frequency of vehicle movements, and hence the potential
impact on the road network, will vary according to the purpose(s) for which
the horses are kept. A stable for a single horse kept for leisure/recreational
riding will generate little movement, whilst stables for a larger number of
horses kept for racing and/or breeding are likely to result in more frequent
movements, and particularly periodic movements of heavier vehicles (for
transporting the horses). This aspect will be carefully considered, but in all
cases there should be a vehicular access located in a safe position and off –
road parking and manoeuvring space.
3.3.6
In some instances existing buildings in the countryside may not be
appropriately located or of the appropriate size for a particular form of
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PART THREE
development. Certainly proposals involving race horses are probably best
located close to Marsa to benefit from this proximity and from the availability
of a range of equine services. Provision has been made in Local Plans (the
Grand Harbour and the Central Malta Local Plans) for areas around Marsa
where new stables may be erected.
3.3.7
This policy is directed to the protection of the open character of rural areas,
and of agricultural land, and so only permits the erection of new buildings for
stables in limited circumstances, including on sites or in areas designated in
Local Plans or within the curtilage of an existing dwelling. In other locations,
permission will only be granted, principally as a means of improving degraded
land, where the site is on the edge of an urban area or rural settlement and
the range of criteria are met. Possible adverse impacts on adjacent dwellings
from noise and smell and visual impact on the landscape will be carefully
considered. Large scale proposals are likely to have a significant impact and
the Authority will favour those for four or less stables. Where proposals
exceed this number, the applicant will be required to demonstrate that a
project of the scale proposed is essential.
3.3.8
The designs/plans of new buildings should provide adequate standards of
ventilation and should be approved by the Department of Agriculture. Waste
disposal must be carefully considered and normally the stables should be
connected to a cesspit.
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PART FOUR
PART 4 DESIGN GUIDELINES FOR FARM DWELLINGS AND
AGRICULTURAL BUILDINGS
4.1
4.1.1
Introduction
INTRODUCTION
This Part looks briefly at the following factors affecting the design of buildings
in the countryside
• Siting
• Grouping and layout
• Building form
• Materials, textures and colours
• Landscaping
and offers some broad guidance.
4.2
4.2.1
SITING
Siting
The siting of a new building in the countryside can have a major impact on the
landscape – this impact can be reduced in a number of ways
• wherever possible, new buildings should form part of a group rather than
stand in isolation, and relate to existing buildings in size and shape
• existing topographical features and site contours must be respected and
reflected in the built form
• on sloping sites the building outline may be improved by stepping roof
levels and by excavating into the slope rather than building out from it
• buildings should not be sited on the skyline - siting below the skyline can
reduce the intrusion of hard straight lines into the landscape
• the positioning and orientation of buildings should reflect the pattern
established by boundary walls and field enclosures
• buildings sited on the property boundary or other forms of building which
result in blank party walls must be avoided – by setting the building back
from the boundary, landscaping the area between the building and the
boundary or by otherwise treating the blank wall to reduce its impact
4.3
4.3.1
GROUPING AND LAYOUT
Grouping of buildings can reduce impact and new development should be Grouping
grouped together and/or with existing buildings wherever possible. The layout And
of buildings should seek to reflect the traditional grouping of buildings around Layout
a central courtyard, achieving a functional, compact group of buildings of
different shapes and sizes that gives the appearance of having grown
organically over time.
4.4
4.4.1
BUILDING FORMS
Building
The form and scale of buildings should respect the local vernacular rather Forms
than adopting ‘urban’ style solutions. For dwellings
• large scale villa or terraced house designs are out of keeping in a rural
setting
• buildings should be as low as possible with limited vertical relief to
achieve a more informal, broken and less regimented massing
• the solid to void relationship space in elevations is important - large scale
openings are inappropriate
• internal courtyards, outside stone staircases and arched openings are
features of traditional rural buildings and can usefully be applied to
modern designs.
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PART FOUR
4.4.2
There are certain functional requirements which must be met in the design
and layout of livestock units but a balance should be sought between the
functional and visual aspects of these units • wide span, industrial type buildings should be avoided or orientated to
present a less bulky appearance from main view points
• bulk fodder stores and feed hoppers should be part of a building group
rather than isolated - their vertical emphasis can then be balanced by the
strong horizontal lines at a lower level of the group of existing farm
buildings.
4.5
4.5.1
MATERIALS, TEXTURES AND COLOUR
Traditionally farm buildings have been built of local limestone and flat roofing,
so the natural colour and texture of the stone has been predominant. This has
helped establish a sympathetic relationship between buildings and their
landscape setting. Stone should be used on the façade of buildings to
maintain this relationship and integrate the new with the old.
4.5.2
It is important also to consider the choice of colours and materials for detailing
• neutral colours and matt finishes are most suitable for rural areas
• darker colours generally recede more easily than lighter tones
• bright colours should be used sparingly for emphasis or contrast
• openings should be hard wearing timber or metal, painted in suitable
colours
• highly reflective materials should be avoided
• the colouring of tower silos requires particular care because their strong
forms are highly noticeable - lighter colours are preferable.
4.6
4.6.1
LANDSCAPING
Landscaping
Existing landscape features should be incorporated, wherever possible, in the
detailed design of new development
• existing vegetation can help to assimilate a new development into its
wider setting, so existing trees should always be retained where possible
• trees and vegetation soften the hard edges of buildings, break up or
screen bulky outlines and give vertical contrast to offset the horizontal
lines of large agricultural buildings
• the choice of new planting should reflect species present in the area indigenous and archaeophytic species should always be used
• rubble walls can perform a valuable screening role and, unlike planting, do
not take time to become established – so existing walls should be retained
wherever possible and/or restored and renovated using traditional
methods, not concrete or cladding
• boundary walls for animal farms need to be about 2m high and
constructed of masonry on the inside – on the outward facing side, they
can be constructed from rubble.
4.6.2
Landscaping proposals must consider views into and out of the site and how
the proposals relate to the site contours and the structure of the surrounding
landscape. It is particularly important to consider views in which the new
development will be prominent - viewpoints from public areas - such as roads,
footpaths or villages - may also be significant.
4.6.3
Further guidance on planting and species is given in the approved ‘Guidelines
on Trees, Shrubs and Plants for Planting & Landscaping in the Maltese
Islands’ (February 2002).
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Materials,
Texture
and
Colour
APPENDIX 1
APPENDIX 1
Information Requirements For Applications
Application
Information
Requirements
This appendix sets out the types of information which should accompany applications
for the different kinds of agricultural buildings, farm diversification and stables
development considered in this Policy.
Farm Dwellings for
Livestock Farmers
A Report setting out:
the number and type of livestock
the number of employees/workers (backed by ETC)
evidence of production, turnover and income (including
latest copy of income tax return)
where the farmer lives at present and how the farm is
currently managed and supervised
what management or supervision gaps or deficiencies
there are
evidence of the adverse effects of these deficiencies
an indication of how the proposed dwelling would
overcome or address these deficiencies and adverse
effects
why the farmer’s present living accommodation is
inadequate to meet the needs of the farm unit
a discussion of alternative locations considered
why, from a farm management viewpoint, the dwelling
can not be located in an urban or rural settlement
A landscape scheme showing:
full details of all new and retained planting
provision for the maintenance of rubble walls
details of implementation and maintenance
A management plan for the farm covering, inter alia:
the storage and disposal of waste and of other
materials
the storage of equipment and machinery
the tidiness/cleanliness of surroundings etc.
proposals for the restitution, safeguarding and
enhancement
of
any
areas
of
ecological,
archaeological and scenic value on the farm
proposals for the management or cultivation of
abandoned or derelict agricultural land on the farm
Agricultural
Buildings for
Livestock Farming
A Report setting out:
the current size of the farm unit – number/type of
livestock and buildings (and their location
evidence of production or turnover
reasons for the choice of site and details of its
relationship to the land and to other buildings owned or
leased and used by the applicant
the purpose of the new building
how the building will contribute to the increased
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APPENDIX 1
efficiency and viability of the farm unit
evidence that there are no existing unused/underutilised buildings on the holding which are suitable for
use or conversion
Where the proposal is for the breeding/keeping of unusual
types of livestock/animals, the study should also:
give detailed information and analysis on expected
production and turnover with supporting evidence
For new animal farms, the study should also:
examine the issue of viability in greater detail by
providing a feasibility study outlining the business plan
of the unit and expected inputs and outputs
For development in animal farms located in or within 200
metres of an inhabited area or an area which is intended for
habitation, education or leisure/tourist development – in
addition to the above a report indicating how:
the proposed development will facilitate better
management of the unit
it will enable requirements for better waste
management, farm hygiene, animal welfare and similar
standards to be met
For new or relocated animal farms – in addition to the above
evidence that there is no suitable disused or
abandoned animal farm/agricultural building within 1km
of the site
A Waste Management Plan which indicates the measures to
be taken to manage, store, treat and dispose of all farm
wastes, and demonstrating that there will be no pollution of
adjoining land, watercourses or aquifers
A landscape scheme showing:
full details of all new and retained planting
provision for the maintenance of rubble walls
details of implementation and maintenance
A management plan for the farm covering, inter alia:
the storage and disposal of waste and of other
materials
the storage of equipment and machinery
the tidiness/cleanliness of surroundings etc.
proposals for the restitution, safeguarding and
enhancement
of
any
areas
of
ecological,
archaeological and scenic value on the farm
If the proposal is related to an existing livestock farm
operation, the Authority shall require the applicant to submit
evidence that the livestock farm is operating in conformity with
a valid development permit granted by the Malta Environment
and Planning Authority (or its predecessors). If the latter
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APPENDIX 1
evidence could not be provided and the livestock farm started
operating before October 1992, the Authority shall require the
applicant to provide evidence:
that the livestock farm was operational before October
1992 in accordance with a licence or licences issued by
the Department of Agriculture and the Veterinary
Services;
that the livestock farm was operated by a livestock
breeder, registered with the Department of Agriculture
before October 1992;
showing and/or listing the type and number of livestock
licensed by the Department of Agriculture and the
Veterinary Services before October 1992;
illustrating the farm buildings and/or structures that
were constructed before October 1992;
that buildings and/or structures constructed after
October 1992 were constructed in accordance with a
valid development permit issued under the
Development Planning Act of 1992 (as amended);
that the livestock farm operation has not been
discontinued after October 1992;
that the applicant is a livestock breeder, registered with
the Department of Agriculture; and
that the existing type and number of livestock within the
farm are covered by a licence or licences issued by the
Department of Agriculture and the Veterinary Services.
Agricultural
Buildings for
Storage for Arable
Farming
A Study which indicates:
the size of the tilled land and the degree of
consolidation of land holdings
availability of water sources and the type of irrigation
system being used
the types of products or crops produced per year
the equipment required to cultivate the land
the location, size, use etc. of current storage facilities
reasons for the inadequacy of the existing storage
facilities
purpose(s) of the proposed storage building and how
this will positively contribute to the operation of the
holding
reasons for the choice of site and details of its
relationship to the land and to other buildings owned or
leased and farmed by the applicant
distance of the site from a rural settlement where a
building could be located
the turnover from the Pitkali or any other records of
production
where the storage is for a vehicle used exclusively for
the tilling of land, proof of ownership of that vehicle
For small scale extensions the following is required:
the size of the tilled land and the degree of
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APPENDIX 1
consolidation of land holdings
the types of products or crops produced per year
the equipment required to cultivate the land
the location, size, use etc. of current storage facilities
reasons for the inadequacy of the existing storage
facilities
purpose(s) of the proposed extension and how this will
positively contribute to the operation of the holding
where the storage is for a vehicle used exclusively for
the tilling of land, proof of ownership of that vehicle
A landscape scheme showing:
full details of all new and retained planting
provision for the maintenance of rubble walls
details of implementation and maintenance
A management plan for the farm covering, inter alia:
the storage and disposal of waste and of other
materials
the storage of equipment and machinery
the tidiness/cleanliness of surroundings etc.
proposals for the restitution, safeguarding and
enhancement
of
any
areas
of
ecological,
archaeological and scenic value on the farm
Agricultural
Buildings–
Greenhouses
For greenhouses on existing farm units, a report indicating:
the size of the unit, and the location of the other land
the number of employees/workers (backed by ETC)
the nature of the farming enterprise (type, amount etc.
of crops grown)
the proposed function of the structure
crops to be grown, projected yields and financial return
how the structure will contribute to the increased
efficiency and viability of the farm unit
availability of water sources
rationale for the choice of site, including reasons for the
rejection of alternative locations on the applicant’s land
For greenhouses which involve the creation of a new
agricultural unit – the information as above but with emphasis
on:
a business plan showing projected financial returns
an indication of the applicant’s capabilities to
successfully operate the unit
A landscape scheme showing:
full details of all new and retained planting
provision for the maintenance of rubble walls
details of implementation and maintenance
A management plan for the farm covering, inter alia:
the storage and disposal of waste and of other
materials
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APPENDIX 1
the storage of equipment and machinery
the tidiness/cleanliness of surroundings etc.
proposals for the restitution, safeguarding and
enhancement
of
any
areas
of
ecological,
archaeological and scenic value on the farm
Agricultural
structures,
reservoirs and
pump rooms
Wineries or Olive
Oil Production
A statement indicating:
the reasons for the choice of site, and how it relates to
the land farmed by the applicant
the location of the water source
the rationale for the requirement for a structure of the
size proposed
how it will contribute towards increased productivity
and/or soil and water conservation
why a structure of the dimensions permitted by the
DNO is insufficient
A report which:
describes the proposal, including giving details of the
proposed production level and type; the production
methods and equipment to be used; the sources of raw
materials (grapes or olives); the land area from which
the grapes or olives come (including location and
distance from the proposed winery); the number of
employees; likely traffic generation, including patterns,
frequency etc of movement of raw materials and
finished products to and from the site etc
indicates the reasons for the choice of site; the
alternatives considered and the reasons for their
rejection
For proposals involving extensions, in addition to the
information noted above, the report should clearly
demonstrate why the building needs to be extended and how
the extension is essential to the operation of the winery.
Buildings for Other
Forms of
Agriculture
A Report detailing:
the current size of the farm unit – the nature and type of
production and produce
evidence of production or turnover
reasons for the choice of site and details of its
relationship to the land and to other buildings owned or
leased and used by the applicant
the purpose of the new building
how the building will contribute to the increased
efficiency and viability of the farm unit
evidence that there are no existing unused/underutilised buildings on the holding which are suitable for
use or conversion
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APPENDIX 1
evidence that it is essential for the building to be
located on the site applied for
evidence that there are no alternative and equally
suitable locations within the development boundary
A landscape scheme showing:
full details of all new and retained planting
provision for the maintenance of rubble walls
details of implementation and maintenance
A management plan for the farm covering, inter alia:
the storage and disposal of waste and of other
materials
the storage of equipment and machinery
the tidiness/cleanliness of surroundings etc.
proposals for the restitution, safeguarding and
enhancement
of
any
areas
of
ecological,
archaeological and scenic value on the farm
Visitor Attractions
A project description statement setting out a detailed
description of the proposed use/attraction and the activities to
be carried out including:
the expected number of visitors
the precise means by which the activity will be
interpreted/presented
the facilities proposed for visitors etc
describes and quantifies the scale of production and
the quality of produce
describes and quantifies the machinery/equipment to
be used
likely vehicle movements to and from the site
the number of employees/staff;
describes the existing farming enterprise
demonstrates how the attraction is related to and will
complement the enterprise but not threaten its
continued operation or viability
the previous/last use of the building
whether it has ceased altogether or is carried out
elsewhere
the length of time for which it has been unused
the reasons why there is no longer a need for the last
use to be carried out in that building
For proposals involving extensions, in addition to the
information noted above, the report should clearly
demonstrate why the building needs to be extended and how
the extension is essential to the operation of the attraction.
A landscape scheme showing:
full details of all new and retained planting
provision for the maintenance of rubble walls
details of implementation and maintenance
A management plan for the farm covering, inter alia:
the storage and disposal of waste and of other
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APPENDIX 1
materials
the storage of equipment and machinery
the tidiness/cleanliness of surroundings etc.
proposals for the restitution, safeguarding and
enhancement
of
any
areas
of
ecological,
archaeological and scenic value on the farm
Farm Retail Sales
A project description statement which gives:
details of the type of produce to be sold
number of employees
describes the existing farming enterprise
demonstrates how the farm shop is related to and will
complement the enterprise but not threaten its
continued operation or viability
the previous/last use of the building
whether it has ceased altogether or is carried out
elsewhere
the length of time for which it has been unused
the reasons why there is no longer a need for the last
use to be carried out in that building
A landscape scheme showing:
full details of all new and retained planting
provision for the maintenance of rubble walls
details of implementation and maintenance
A management plan for the farm covering, inter alia:
the storage and disposal of waste and of other
materials
the storage of equipment and machinery
the tidiness/cleanliness of surroundings etc.
proposals for the restitution, safeguarding and
enhancement
of
any
areas
of
ecological,
archaeological and scenic value on the farm
Horse Riding
Establishments
A project description statement which gives:
number of horses/ponies
the location of the routes to be used
the expected number of rides and their frequency
the expected number of patrons
the previous/last use of the building
whether it has ceased altogether or is carried out
elsewhere
the length of time for which it has been unused
the reasons why there is no longer a need for the last
use to be carried out in that building
For proposals involving extensions, in addition to the
information noted above, the report should clearly
demonstrate why the building needs to be extended and how
the extension is essential to the operation of the horse riding
enterprise.
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APPENDIX 1
A landscape scheme showing:
full details of all new and retained planting
provision for the maintenance of rubble walls
details of implementation and maintenance
A management plan for the farm covering, inter alia:
the storage and disposal of waste and of other
materials
the storage of equipment and machinery
the tidiness/cleanliness of surroundings etc.
proposals for the restitution, safeguarding and
enhancement
of
any
areas
of
ecological,
archaeological and scenic value on the farm
Stables
Proof of ownership of horses and a project description
statement which gives:
number of horses/ponies
the location of the routes to be used
the previous/last use of the building, if relevant
whether it has ceased altogether or is carried out
elsewhere
the length of time for which it has been unused
the reasons why there is no longer a need for the last
use to be carried out in that building
For proposals for Stables ODZ seeking to demonstrate
compliance with 3.3B(1), proof of ownership of horses and a
statement indicating the attempts made to find a redundant
rural building suitable for conversion and describing the
proposal including:
the number of horses/ponies
purpose for which they are kept
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APPENDIX 2
APPENDIX 2
Requirements of the Environmental Impact Assessment
Regulations 2001 (LN 204 of 2001) (as amended)
EIA
Requirements
3.5 Other Recreation and Sporting Facilities and Activities
3.5.1 Category I Projects
3.5.1.1 Developments which :
(i) may reasonably expect to attract
2500 vehicles or more on any given
day; or
(ii) cover an area over 10 ha
3.5.2 Category II Projects
3.5.2.1 Developments which :
(i) may attract more than 750 vehicles on
any given day; or
(ii) has a site area of between 2 – 10 ha; or
(iii) has a site area of more than 5,000m2
and is within 200m of a protected site.
6.1 Land Reclamation and Water Management
6.1.1 Category I Projects
6.1.2 Category II Projects
6.1.2.1 Land reclamation for agriculture
where the area to be modified is more
than 5ha
6.1.2.2 Construction of irrigation works for
the use of treated water where:
(i) the area to be irrigated is more than 10
ha; or
(ii) the amount of water intended to be
supplied is more than 1,000m3 in any day;
or
(iii) the site is located within the aquifer
protection zone.
6.2 Livestock
6.1.1 Category I Projects
6.1.2 Category II Projects
6.2.1.1 An establishment for poultry or 6.2.2.1 Developments with a site area of
rabbit production with more than 50,000 more than 7500m2
broiler or 25,000 layers or equivalent
other poultry, rabbits or similar3
6.2.1.2 A pig rearing establishment for 6.2.2.2 An establishment for poultry or
more than 500 sows or 5,000 fattening rabbit production for:
pigs.
(i) more than 20,000 broiler or 5,000
layers or equivalent other poultry, rabbits,
or similar4 or
(ii) more than 10,000 broiler or 2,000
layers and within the aquifer protection
zone.
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APPENDIX 2
6.2.2.3 An establishment for poultry or
rabbit production with more than 5,000
broiler or 1,000 layers or equivalent other
poultry, rabbits or similar5, and where the
total number of birds/animals within
500m of the proposed site is:
(a) more than 20,000 broiler or 5,000
layers6;
or
(b) more than 10,000 broiler or 2,000
layers7 and within the aquifer protection
zone.
6.2.2.4 A pig rearing establishment, not
being a development within 6.2.1.2 and
within 500m of residential or community
uses, or within the aquifer protection
zone.
6.2.2.5 Any livestock unit with:
(i) more than 120 milk or beef
cows or equivalent other animals8; or
(ii) more than 60 milk or beef cows
or equivalent other animals9 and
within the aquifer protection zone.
6.2.2.6 Any livestock unit with:
(i) more than 50 sows or 300 fattening
pigs; or
(ii) more than 50 milk or beef cows
or equivalent other animals10; and
where the total number of livestock within
500m of the proposed unit is:
(a) more than 250 milk or beef cows
or equivalent other animals11; or
(b) more than 150 milk or beef cows
or equivalent other animals12 and
within the aquifer protection zone;
(c) more than 250 sows or 2500
fattening pigs; or
(d) more than 150 sows or 1500
fattening pigs and within the
aquifer protection zone.
6.2.2.7 Any livestock unit rearing animals
such as emus, ostriches, kangaroos,
wallabies or crocodiles, whether these
are for consumption or otherwise; and
other animals, such as snails and frogs,
that can create an ecological imbalance if
they escape into the wild.
3
4 laying hens = 1 turkey 2 laying hens = 1 rabbit. 4 Ibid. 5 Ibid. 6 Ibid. 7 Ibid. 8 1 cow = 3 goats
= 4 sheep. 9 Ibid.10 Ibid. 11 Ibid. 12 Ibid.
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APPENDIX 2
6.5 Greenhouses and Protected Crops
6.1.1 Category I Projects
6.1.2 Category II Projects
6.5.2.1 Greenhouses or structures to
protect crops with an area of more than 1
ha.
6.5.2.2 Greenhouses or structures to
protect crops with an area of more than
5,000m2 and where the total area of
greenhouses within 500m of the site is
more than 5 ha.
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66
MALTA ENVIRONMENT AND PLANNING AUTHORITY
L-AWTORITA` TA’ MALTA DWAR L-AMBJENT U L-IPPJANAR
P.O. BOX 200, MARSA GPO 01
MALTA
Tel: (+356) 2290 0000
Fax: (+356) 2290 2295
http://www.mepa.org.mt
email: [email protected]