Planning Application Assessment

The Heritage Planning Unit (HPU) is consulted on heritage-related matters of both cultural and natural importance. Planning applications submitted on scheduled property or on areas that are either proposed for scheduling or included in the list of areas within which archaeological remains were discovered are referred to this Unit for consultation. The Heritage Planning Unit (HPU) receives and comments on hundreds of applications per year. Apart from the day to day workload, the Heritage Planning Unit (HPU) also contributes to the Planning Appeals system and is the focal point on both natural and cultural heritage.

Cultural Heritage

Scheduled buildings
The Heritage Planning Unit (HPU) assesses the impact of proposed works on the scheduled property in question and recommends that the application is granted or refused. Usually, this Unit proposes minor modifications to the architect’s proposal in order to reduce or mitigate the impact on the scheduled building. These proposals sometimes involve various meetings with the architect and applicant during which different approaches are assessed in order to try and find the best possible solution. In the majority of cases a balance between the proposal and the value of the building is found so that both parties are satisfied since the building is used (thus maintained) thereby the owner attains some form of gain.

The Heritage Planning Unit (HPU) is currently proposing a Legal Notice through which applications for minor works in scheduled or schedulable buildings are assessed without the need of a Full Development Application as is at present the case. Such a process will require the input of a Conservation Architect and will be similar in scope to a Development Notification Order (DNO) with some additional requirements such as a method statement through which the proposed works are detailed. Updating of the method statement may also be required following completion of works. In this way, documentation of works carried out to a historic property is recorded easily and efficiently as per international conventions and charters on heritage to which Malta is signatory.

Archaeological Areas
The Malta Environment and Planning Authority has a list of areas within which some form of archaeological remains were discovered in the past. Consultations are also carried out with this office when planning applications are submitted in these areas. Areas within which finds are highly likely to be discovered are normally scheduled as Areas of Archaeological Importance of the highest level (Class A) in which case, ground disturbance works are to be kept to a minimum. In other areas which are not scheduled, most works are normally permitted however monitoring of the works and a bank guarantee are normally imposed together with other conditions. In such cases, the applicant is to notify this Unit two weeks prior to the commencement of works to ensure that a monitor is present during works. Once the works are completed and no finds are discovered, the bank guarantee is released.

In the eventuality that finds are discovered, the works are stopped and a decision is taken on whether the remains are of minimal significance in which case the finds are recorded and works may proceed. If the finds are of high significance, meetings are held in order to explore mitigation measures in order to preserve the finds. In such cases this office recommends that the part of the development lost through the finds is conceded to the applicant either through the same area above the proposed structure or in some other way.

Approximately 20 previously unknown archaeological sites are discovered annually through this process.
 
Natural Heritage

Since January 2008, assessment of development planning applications that may impact upon or affect the natural heritage of the Maltese Islands has been carried out by the Environment Protection Directorate, guided by the scheduling parameters as established in paragraphs 15.35; 15.38; 15.40 and 15.59 of the Structure Plan Explanatory Memorandum in conjunction with other applicable ODZ/ rural policies. Consultation with the Heritage Planning Unit (HPU) on natural heritage is carried out on a case by case basis depending on the nature of the proposed development and when further advice is required in terms of the scheduling merits of the site or area in question. 

Restoration Method Statements

It is the responsibility of the Heritage Planning Unit (HPU) to assess these documents to ensure any development or restoration is sensitive to the values of the property;

Please refer to Terms of Reference for the preparation of a Restoration Method Statement.

Monitoring and Bank Guarantees

Monitoring with regards to heritage can have numerous objectives, however, overall it ensures that conservation interventions on cultural heritage property   as a result of the planning process is being carried out in accordance with the approved project design and satisfies the requirements of the Malta Environment and Planning Authority. Monitoring can also be simply a periodical inspection of scheduled property as a result of the property having legal protection.

The best guarantee to ensure compliance and reduce damage to cultural and natural heritage sites during development is by carrying out monitoring, where the regulating agency (MEPA officers), inspect the site and ensure that the permit conditions and approved Restoration Method Statements are adhered to. Monitoring of works within heritage buildings, archaeologically and ecologically sensitive areas are essential for a number of reasons, such as to:

a. Ensure compliance with permit conditions and best conservation practice;
b. Detect any elements of archaeological / architectural significance that may be discovered during the works;
c. Offer an opportunity to disseminate information about best practice in conservation;
d. Lessen misunderstandings between conservation professionals, applicants and the workmen;
e. Answer queries, give guidance and inform applicants, contractors, workmen and architects about heritage-related matters which might have escaped their attention, thus making the public more aware about heritage, planning and everyone’s obligation to safeguard heritage;
f. Feedback information of any discoveries or issues directly to MEPA and any necessary action is dealt with appropriately;
g. Maintain the National Protective Inventory database about related discoveries, issues, problems and solutions for use in forward planning policies, plans, proposals and consolation, thus having direct awareness and keep up to date with what is happening effecting immovable heritage at the workplace.

To date, the Malta Environment and Planning Authority handles two hundred cases of monitoring of development within archaeologically sensitive areas and an average of one hundred cases of restoration works annually. Apart from these there is an additional bulk of archaeological / restoration monitoring which is carried out by sub contracted monitors for major projects and paid for by the developers.