A policy that is supposed to protect the rural character of land in Binġemma is being abused to seek permits for a residential area in land outside the development zone, according to environmental NGOs.

The application proposes a two-storey house and garage on vacant land on Triq il-Nicca, between two other plots.

According to the North West Local Plan (NWLP), development in the area is only allowed if it ‘constitutes an infill or corner site, or forms the end of a terrace of three dwellings.'

The Planning Authority's case officer says this criteria does not apply to the site and has recommended refusal. 

However, the architect behind the proposal, Robert Musemeci, is arguing that since one of the two terraced plots is made up of two maisonettes it should be considered as comprising three dwellings.

‘The new development abuts ‘three tenements independent of each other, all of them with road frontage. In this case the proposed development will touch the party walls of three dwellings alongside each other,’ he countered.

Ingram Bondin, President of the Ramblers Association, who is objecting to the proposal, said the application goes against the aim of the policy.

It is meant “to protect the rural character of such settlements, allowing only limited consolidation of the settlement where this made sense," he said.

The red arrow shows the location of the proposed dwelling. Photo: Ingram Bondin

He said architects are often engaged to contort the planning rules, explaining that in this case, it was clear that the proposed dwelling didn’t meet the criteria.

Astrid Vella coordinator of Flimkien għal Ambjent Aħjar, said the case highlighted a "gross lack of ethics" in the planning regime.

A resident of the hamlet, who spoke to Times of Malta, said the proposal also completely disregarded the mature trees in the area, which rendered the land unsuitable for development according to policy. 

“But this seems to be of negligible importance to the applicant or the architect since the planning application has been submitted nonetheless,” the resident pointed out."

The case PA/00953/21 will be decided at the end of this month.