Need to secure better response towards enforcement complaints

Cognisance needs to be taken of the nature of some of the categories outlined in Table 1, which relate to activities that cannot be undertaken in urban areas, thus necessitating development in ODZ. These include developments relating to:

• agriculture;
• infrastructure;
• manufacturing/industrial;
• mineral working;
• monuments;
• archaeology; and
• rearing of poultry/pigs

The above developments account for 43 per cent of approved ODZ applications. Therefore, rather than looking solely at the trend in the number of approved ODZ developments, it is important to take into consideration the nature of development in ODZ areas.

In addition, if one were to take into account those categories for which there was no material uptake of new land but which included modifications to the existing footprint, namely:

• householder (minor works on dwellings);
• satellite dish;
• change of use (no substantial works); and
• listed building alterations;

This would add a further 18 per cent, to the aforementioned 43 per cent of all approved ODZ applications, and which amount to 61 per cent of all approved development within ODZ areas.

One, therefore, has to appreciate that in reality these approvals constitute either:

• no additional uptake of land; or
• a designated approved use which could not have otherwise been undertaken within urbanised areas.

This does not mean that we are resting on our laurels. Our aim is to continue to bring down the remaining 39 per cent of applications as close to zero as possible.

The DPA stipulates a legal timeframe of 12 weeks (or 26 weeks in certain cases) for the processing of an application. Data for the three-year period, 2006-2008, show that the percentage of reports cleared within the legal timeframe was of over 80 per cent over this period. However, the rate fell from 95 per cent in 2006 to 87.8 per cent in 2008. On the other hand, the proportion of decisions taken within legal timeframes was more problematic. Over the same period, the rate stood at around 50 per cent with the percentage declining from 57 per cent in 2006 to 46.2 per cent in 2008.

The decision-making process for development applications is carried out by two main bodies - the Mepa board and the three DCCs. The DPA provides the parameters for the delegation of decision-making powers to the DCCs with the extent of delegation being determined according to the nature and type of application. Delegation is intended to speed up the development control process by permitting decisions on minor forms of development to be made by DPD officers and freeing the DCC and the authority to deal with the more contentious and significant applications. Over the period 2006-2008, the number of delegated decisions as a proportion of total decisions amounted to six per cent, 15 per cent and 10 per cent respectively.

Mepa offers a "fast-track" procedure for developments of a minor nature. The Development Notification Order (DNO) issued in 2001 provides an opportunity for applicants wishing to undertake minor works to submit a notification to Mepa in lieu of a full development application.

Prior to the DNO procedure, Mepa had a similar system - the General Development Order (GDO) - which was introduced in 1994 and was aimed at waiving the requirement of applying for development permission for minor works. The DNO procedure established in 2001 was amended in 2007, through Legal Notice 115 of 2007. These amendments further enhanced this process by waiving the need for notification by the applicant in the case of certain projects. This waiver was granted for various categories of development.

It is interesting to note that following the revision in the DNO procedure in 2007, the number of applications received remained relatively constant, with the number of DNOs received in 2007 reaching the 2003 levels. DNOs received increased from 907 in 2006 to 1,060 and 1,367 in 2007 and 2008 respectively. Although this increase in DNOs, received in the period post the implementation of the legal amendments in 2007, is not very significant, it must be borne in mind that the waiver of the requirement for notification as from 2007 directly reduces the need for applicants to use DNOs.

A positive trend which has been registered over the period 2006-2008 is the decline in the number of reconsiderations and appeals which applicants have requested.

Even though the number of applications processed was lower in 2008 than that in the preceding two years, the downward trend in reconsiderations reflects a greater degree of convergence in DCC decisions.

Mepa receives and handles over 3,000 complaints on a yearly basis. Around 15 per cent of these complaints relate to enforcement. The number of such reports received increased from 523 in 2006 to 576 in 2008. The number of enforcements by development zone decreased from 949 to 878 over the period 2006-2008. Although statistics related to complaints are not available by development zone type, this certainly points for a need to reinforce the data which Mepa keeps in this respect with a view to securing a better response towards enforcement-related complaints.

In addition, the number of cases pending direct action stood close to 4,000 cases at the end of 2008. Direct action carried out in 2008 amounted to only 31 cases with similar figures registered in 2006-2007. Mepa mainly attributes this to the lack of human resources allocated to this function, an issue which needs to be looked at more closely.

Environmental permitting is also characterised by pending caseload particularly in respect of the following application categories:

• Integrated Pollution Prevention and Control (IPPC);
• waste carrier applications;
• environmental permits; and
• waste management permits.

This section was aimed at providing a snapshot of Mepa's structures, activities and workload with a view to set the background to our proposals for this Mepa reform. The brief quantitative analysis presented above gives an indication of those areas which need strengthening, as well as, those which appear to be more problematic and thus require more attention and considerable action.