The Planning Commission has unanimously refused an application filed by Daphne Caruana Galizia murder middleman Melvin Theuma to turn an ODZ agricultural store in Safi into a residence.
The commission upheld the conclusion of the case officer entrusted with screening Theuma’s application that the proposal was considered as “unacceptable in principle”, since it is not considered as a justified and legitimate development outside the development zone.
At the hearing on Friday, Theuma’s architect, Tancred Mifsud, and lawyer Matthew Brincat, argued that the permit ought to be granted on humanitarian grounds and asked the commission to conduct further consultations with an undisclosed entity prior to determining the application.
However, the board’s members argued that their remit was to consider the application on planning grounds and base their decision on planning policies.
Theuma's application sought a permit to demolish existing agricultural rooms onsite, excavate and build a reservoir and a store at basement level as well as build another store at ground floor level.
The proposal, filed by Theuma last November, was strongly resisted by the Superintendence for Cultural Heritage as well as the Environment and Resources Authority.
ERA slams 'piecemeal' tactics
ERA reminded the planning watchdog that its predecessor had objected to the development of the agricultural store way back in 2016, fearing that it was being used as a stepping stone for a larger development.
It noted that its fears appeared to be coming true and that its objections to the previous application had been ignored.
“[The] previous comments were ignored and the request for an agricultural store was simply a stepping stone to obtain a permit for a dwelling. This piecemeal method has now become the preferred modus operandi. Typically, the applicant starts with a “development” under the pretext of agriculture. Once this initial request is granted, it sets the ball rolling for further extensions, change of use and other ancillary facilities, each application being granted on the basis that the site is now committed,” ERA said.
It warned that giving the green light to the change of use of such development “would set a dangerous precedent to the consolidation or rather the amassing of these areas into one mass of buildings”.
“The approval of this application will only encourage others to follow suit. The ERA is also concerned that once such use of the site – residential - is established, further pressures for extension of the proposal would inadvertently result and therefore consequential uptake of land ODZ, including extensions, parking provisions, services, waste management and swimming pools,” it said.
In its objection to the original application, ERA had noted that the inclusion of a staircase in an agricultural store, as well as a restroom and multiple apertures, was “not akin to a typical agricultural store/s which normally seeks to maximize internal storage space”.
The original permit to build an agricultural store was granted in November 2016.
Two years later, Theuma filed an application proposing the construction of horse stables, paddock area, manure clamp and an additional open water reservoir.
Theuma then withdrew the application but a year later, he filed yet another development application proposing a demountable animal enclosure, the opening of a secondary gate and a proposed surface water reservoir.
That permit was granted in September 2019, two months before Theuma was given a presidential pardon to tell all about Caruana Galizia's murder.