Accountability

Government has shown its accountability to securing the Mepa reform process by placing it under the responsibility of the Prime Minister.

The rationale behind the inclusion of accountability as one of the pillars of the reform is to delineate the roles and responsibilities of each of the many stakeholders involved in Mepa's wide-ranging work portfolio - Mepa employees, government entities in their role as consultees, the commercial developer, the citizen as an applicant, a complainant or a reporter of irregularities, architects representing applicants and many others.

Each party needs to accept responsibility for that part of the development application process in which he/she is involved or which he/she influences.

Reforming operational structures

One of the critical success factors of this reform is the extent of its ownership by Mepa employees. In order to enhance the efficiency of Mepa operations, a culture of accountability needs to be instilled among employees whereby officials feel responsible for securing an efficient planning application process.

The set of measures, proposed under the consistency pillar, aimed at encouraging and formalising dialogue between case officers and applicants, are a first step towards instilling a sense of ownership of applications among DPD officials. The government feels that the operational structure currently adopted in respect of planning applications, needs to be reformed in a way that is conducive to the clear attribution of responsibilities among DPD officials.

The adoption of a "cell" operational structure entails the amalgamation of all the different stages in the planning application process into one unit, under the responsibility of a unit manager. Every cell would include the following stages: initial screening; vetting; plotting; formulation of DPAR; attendance at DCC; and customer care.

At the submission stage, the unit manager allocates applications among case officers. At this stage, the latter are responsible for the processing of these files, as well as, to represent the DPD's position during the DCC session.

The cell structure is based on the concept of single point responsibility; it enables a clear delineation of roles and accountabilities, whereby applications can be attributed to individual operational units which can be held accountable for the timely processing of such applications. This will place great responsibility on the unit manager, the decision he/she endorses and the way in which applications are allocated. The unit manager, while being the single point of accountability will also, by allocating files to specific case officers, be able to maintain a method by which the case officer owns the application assigned.

By moving towards a cell structure, the single point responsibility for all applications is achieved without the possibility of finger-pointing at other units.

Information sharing

In its efforts to promote transparency, this reform will ensure that any current measures in place restricting the access to information and records held by Mepa be dismantled. At present, Mepa provides extensive information on applications through its web site. Application details, together with studies such as EIAs are already available online.

The government considers it has an obligation to protect owners of immovable assets against any attempts by unwarranted third parties to compromise the value of their asset. To this effect, the government intends on amending the current procedure by demanding that applicants applying for the development of an immovable asset of which they do not have full ownership title, declare that they have the consent from the owner/s to Mepa as part of their application.

In respect of the waiving of the data protection clause, the government intends to secure open access to all development applications to all citizens thereby fostering increased transparency and offering further scope for consultation. Although initially viewing will be available at Mepa's offices to ensure that this measure comes into force as quickly as possible, all efforts will be made to ensure that the online version is also developed by Mepa in the not too distant future.

Mepa will further its current efforts in information sharing by ensuring that all new applications, minutes of meetings presented as collateral to the DPAR, project description statements and other documentation associated with a development application, are publicly available online or for the public to view at Mepa offices subject to the terms and conditions stipulated by law.

Improving the publicity of proposed developments

The DPA already provides for measures to be taken by the applicant and Mepa in order to publicise a proposed development. These include a notification in the local press together with the site notice. In order to ensure that all potentially affected stakeholders are aware of a proposed development, the government will introduce additional measures which provide a direct channel of communication from the applicant to parties who may be directly impacted by such project. The claims of site notices being removed or affixed too late in the day cannot be tolerated any longer and the interests of neighbours and interested stakeholders need to be firmly entrenched in the governance of an application.

Applicants will be required to send a registered letter to residents in the vicinity of the proposed development in case of applications for new development, redevelopment, the addition of floors and/or change of use. Such notification will have to be sent in good time and to at least 10 households and have to cover the following resident groups:

• residents in immediate adjoining properties on either side along the same street frontage;

• residents of properties in the immediate vicinity of the proposed development, including:

• those residing in properties across the street and directly opposite; and

• residents of properties whose backyard or any part of the property shares a common wall with the site proposed for development.

Letters sent by applicants need to be in accordance with the template which will be formulated by Mepa which as a minimum requires the letter to include the application number, the deadline for residents to register as interested parties and a copy of the site plan. Moreover, applicants will also be required to submit proof that such letters have been sent.

Much controversy has often been levied at the affixing of the site notice. Currently it is Mepa's responsibility to affix such notice but criticism that this may, in some cases, be removed to avoid objections needs to be addressed. It is in this sense that the government is proposing that the responsibility for fixing and maintaining the site notice on site for the statutory period be made the responsibility of the applicant.

Another set of measures aimed at further enhancing publicity and awareness of proposed development, relates to major projects undertaken in ODZs. Mepa will require applicants who have submitted a planning application for a major project in an ODZ to put up an A0 billboard on site. The site notice is to be affixed on this billboard together with additional information of the proposed development including: area of building footprint; number of floors; and floor area subdivided by uses.

Once applicants submit proof of the setting up of such billboard, Mepa will issue the press advert which initiates the statutory notice period. As a second measure, aimed at enhancing the visibility of proposed major projects, Mepa will clearly distinguish major projects from other development applications by listing the former separately in the press advert.

Reforming development application related fees

The government will be launching a separate proposal for the revision of existing fees. Such a revision would, apart from further contributing towards the implementation of the planning gain principle, also aim to render Mepa operations as self-financed.