Open Storage Policy Guidance 2012


[PDF]Open Storage Policy Guidance 2012 - Rackcdn.comhttps://0d2d5d19eb0c0d8cc8c6-a655c0f6dcd98e765a68760c407565ae.ssl.cf3.rackcd...

0 downloads 86 Views 95KB Size

Policy Guidance Areas for Open Storage (Malta)

January 2012

Table of Contents

Page No. 1.0

Scope and Purpose of the Paper

2

2.0

Issues

3

3.0

Policy Objectives

4

4.0

Policy Format

4

5.0

Acceptable Locations

4

6.0

Characteristics of the Site

5

7.0

Design Criteria

7

Appendix 1 1.0

Policy Context

10

1

1.0

Scope and Purpose of the Paper

1.1 This policy document sets out the policy for the development of open storage areas. "Open Storage" can mean the keeping of any goods, material, merchandise, or equipment; not enclosed within a building or structure and including incidental maintenance and repair of the material, which is being stored under open air conditions. 1.2 From an analysis of the Open Storage Policy Guidance of 2005, it emerged that opportunities for open storage facilities were rather limited in view of constraints imposed by the list of acceptable locations in the then policy. From an analysis carried out by the Planning Directorate it transpired that only a limited number of sites could be considered as acceptable. Furthermore the original list of acceptable uses was deemed to be restrictive and a considerable number of land uses such as waste recycling facilities still faced locational issues. 1.3 The concept of open storage is rather wide ranging but the term “open storage” as used throughout this document is taken to mean the provision of open air storage to accommodate the following facilities 1. Parking/storage of vehicles, heavy vehicles, trailers, plant and machinery, buses and coaches; 2. Hard standing facilities for boats and other marine vessels; 3. Batching plant; 4. Tarmac plant; 5. Other construction related Plant which requires minimum plant facilities but considerable open storage; 6. Waste recycling facilities including scrapyard; 7. Waste processing facilities including End of Life Vehicles (ELV) facilities; 8. Storage of waste; 9. Fuel storage; 10. Relocated petrol stations; 11. Container storage; 12. Siting of renewable energy infrastructure; 13. Storage of Construction materials and/or 14. Processing and/or storage of any other goods, materials or equipment deemed acceptable to MEPA The open air storage facilities need to retain a predominantly open air nature. Facilities, including demountable facilities, purported to be required to provide shelter or security to the above storage and whose erection requires development permission are not deemed to maintain the predominantly open air nature of the relevant area and should therefore not be permitted on sites designated for open air storage. Proposed Open Storage Facilities may need to be subject to a risk assessment to ensure compatibility with adjacent proposed and existing

2

land uses. Furthermore there may be operational permit requirements which go beyond the scope of this policy guidance. 1.4

The scope of this document is to set out a policy framework • • •

To guide development of open storage areas towards the appropriate locations; To guide the assessment by MEPA of development applications for open storage areas; To ensure that the economic, environmental and land use considerations are adequately taken into account in the development of open storage areas.

2.0 Issues 2.1 MEPA’s interpretation of the current policy framework (see Appendix 1 for an appraisal of the relevant policies) in the assessment of development applications had been to generally, accept these uses within zoned industrial land and outside the Development Zone. Over the years there have been constant pressures to accommodate uses of this nature in areas outside zoned industrial land on the basis that Malta Enterprise would not allocate land for these purposes within their industrial parks. This situation has led to a haphazard proliferation of open yards both within and outside the development zone leading to negative environmental and land use impacts. 2.2 The Open Storage Areas Policy Guidance approved in 2005 attempted to stem the problem associated with the parking/storage of heavy vehicles, plant and machinery by identifying a sequential approach for their location. As stated beforehand the opportunities in terms of location were rather limited with the consequence that in certain local plan areas no opportunities for open storage existed. This is particularly acute in the Gozo and Comino Local Plan area where in view of the environmental sensitivities of the island and the prevailing situation at the time of the drafting of the plan, limited opportunities for specific open air storage facility designations exist. Another issue was the conservative approach to the continuum of uses within the definition of open storage areas. 2.3 The South Malta, Central Malta and North West Local Plans designated a number of areas located Outside the Development Zone (ODZ) and which house industrial/commercial operations as Areas of Containment. These areas which in total amount to about 960,000 sq. m are predominantly brownfield sites. The use of such areas for the purposes of accommodating open storage facilities is preferred to the identification of uncommitted land ODZ to accommodate such uses. In order to meet the demand of providing space for facilities which face locational problems, the scope of open storage facilities was widened to include the uses identified in paragraph 1.3 since storage constituted a predominant use of their function. However the compatibility of the uses with adjacent land uses needs to be assessed from a risk perspective. 3

3.0 Policy Objectives The objectives of the policy are a) To provide appropriately designed open air facilities in appropriate locations, which can accommodate the uses identified in paragraph 1.3. b) To limit the take up of land, not primarily intended for parking and storage, for the purposes of parking and storage. c) To reduce the on-street storage and parking of these uses. d) To ensure that environmental impacts are minimised and appropriate mitigation measures adopted.

4.0 Policy Format 4.1 The policy is set out in bold and contains a range of criteria against which proposals for open storage facilities should be assessed. These criteria are grouped into: a) Locational requirements and constraints which set out broad guidelines on preferred locations; preferred scale of facilities including a minimum and maximum threshold for the site area. b) Environmental characteristics of the site. c) Detailed designs requirements such as design, layout, access, infrastructure and landscaping. 4.2 Each section is accompanied by a justification, which describes the policy objectives and gives an explanation of the policy where necessary. This text also provides further guidance on how some of the criteria or their requirements are to be applied or assessed.

5.0

Acceptable Locations

5.1 MEPA may favourably consider the location of open air storage facilities in any of the following locations:    

Land zoned for industry/warehousing in approved development plans provided that the open air storage facility is ancillary to an industrial/warehousing use. Disused quarries not identified for other purposes in approved development plans. Areas of Containment as identified in approved Local Plans. Land designated for open storage areas in Local Plans.

Provided that environmental constraints, neighbour compatibility, operational considerations, infrastructural considerations (including

4

access and adequacy of access roads) and safety considerations are all taken into account. 5.2 Land having a valid MEPA permit to accommodate obnoxious industrial uses, such as batching and tarmac plants, and land having a valid operational licence (police) at the time of the coming into force of this policy to accommodate the parking/storage of heavy commercial vehicles, plant, machinery and other equipment even outside the locations identified in 6.1 above, may also be favourably considered for the development of open air storage areas. 5.3 In view of the specific characteristics of the Gozo and Comino Local Plan (GCLP) area disturbed land as per the provisions of the Open Storage Areas Policy for Gozo will also be considered for open storage facilities.

6.0

Characteristics of the site

Proposed developments on acceptable locations as described above shall abide by all the following criteria: Scale •

Site Area should be within the 2,000 to 10,000 sq. m range (In the case of Areas of Containment designated in approved Local Plans no site restrictions apply).

Environmental Characteristics •

Site shall not be good quality agricultural land including land irrigated from naturally occurring sources of water



Site shall not be located within or adversely affect scheduled, listed, designated, or protected: o Areas of Ecological Importance o Sites of Scientific Importance o Areas or Sites of Archaeological Importance (including a buffer zone under Class A and B) o Areas of High Landscape Sensitivity o Nature Reserves including bird reserves and tree/woodland reserves o Special Areas of Conservation o Special Protection Areas o Areas/sites protected by a designation in a development plan o The site shall not to be located on the side of a valley or a valley watercourse o Garrigue as indicated in an approved local plan o Agricultural land identified in Local Plans

5

Candidate sites indicated to qualify for the above designation shall likewise not be favourably considered for the location of open air storage facilities. •

The site shall not be located: o On or near a ridge, where the development would break an undisturbed skyline, or o Where the development would be intrusive or in any way be detrimental to a panoramic view and an area of high landscape value, or o Where the development would adversely affect trees or landscape features, which make an important contribution to the flora and fauna and/or character of the area.



Operations on contaminated sites will only be allowed following their decontamination which is to follow a method statement as approved by MEPA.



Proposed developments for open storage areas must also meet the requirements of environmental regulations, issued under Act X of 2010.

Site location characteristics •

Land should be located in close proximity to the arterial and distributor road network and to existing infrastructure. In addition, the development and the road connecting it to the arterial and distributor road network should comply with internationally accepted design norms for the circulation and parking of heavy vehicles. The conditions of permit may require the developer to fund improvements to the road connecting the development to the arterial and distributor road network.



Unless backed by a risk assessment which states otherwise, development should be at least 100 m away from residential areas and rural settlements identified in approved development plans. Where marine vessel storage is contemplated, the minimum distance shall increase to a minimum of 200 m.





The compatibility of locating an open storage area needs to be subject of a risk assessment to ensure that the proposed activity is compatible with land uses in the vicinity. The development should have impervious flooring so as to prevent infiltration of the ground.

6



The development should take necessary pollution prevention measures to ensure that the facility is sealed and any contaminated runoff and spillages/leakages of oils, fuels and chemicals are contained within the site.

6.1 The scope of the minimum site area is to facilitate the accommodation of third party activities on the same site therefore minimising the proliferation of a large number of small areas. The capping of the site area at 10,000 sq. m is to ensure that while large operators would have adequate space to accommodate the uses within the designated area they are made aware of the need to use land efficiently. In order to facilitate the location of open storage facilities within Areas of Containment, the maximum site area limit of 10,000 sq. m does not apply. The development should not take place on land, which is scheduled, listed, protected or designated or earmarked to be thus protected and the land in question should not be good quality agriculture land. If the site lies in the aquifer protection zone, the application should be referred to the relevant authorities for guidance. The development should be sited away from residential areas to mitigate noise, noxious odours from within the site and impervious flooring should be used so as to prevent spillages from permeating into the ground. The distance of the sites in relation to urban settlements is such to render them accessible within a short distance, but at the same time ensuring that these are distant enough not to cause undue inconvenience. The policy describes the type of site that is to be considered as acceptable and its position in relation to the transport network. The uses within the site are restricted to the categories indicated in Paragraph 1.3. 7.0

Design Criteria The following design criteria should be observed to minimise adverse visual and other environmental impacts. 1) Adequate provision within the site curtilage of a. Common administration and support services; b. Common parking areas (employees and visitors); c. Circulation space for heavy vehicles; d. Common landscaped areas; e. Waste management facilities; f. Adequate infrastructure services including water catchment facilities. These should preferably be located underground and/or out of view.

2) At least 10 per cent of site should be soft landscaped. A landscaping scheme should be submitted which indicates landscaping on the site perimeter and landscaping within the site. This should be prepared in conformity with the approved Guidelines on Trees, Shrubs and Plants for Planting and Landscaping in the Maltese Islands. A bank guarantee will be required to ensure that the landscaping scheme is implemented. The enclosure of the site for security reasons may be

7

permitted provided that above 1.2 metre, a visually permeable material, such as steel mesh fencing, may be used. For up to 1.2 metre above ground, a solid wall may be permitted provided that, in rural locations, a rusticated stone finish is applied on the external portion of the boundary wall. Landscaping schemes should be employed to mitigate impacts resulting from the security fencing. 3) For the purpose of administration and ancillary facilities, an area not exceeding the lesser of either 5 per cent of the site or 300 sq m may be developed. These facilities must not exceed 6.75 m in height and where MEPA deems that this height would create an unacceptable visual impact, a lower height may be imposed. In the case of Areas of Containment, 10% of the open storage area site may be built up provided that MEPA is satisfied that this built component is justified. The onus is on the developer to justify the proposed floor areas of the ancillary administration and support services in terms of the operational requirements of the use of the site for open air storage. The building should be of a scale and design and siting such that it would not unduly detract from its surrounding context, where applicable.

4) The applicant must submit to the satisfaction of the MEPA an acceptable waste management plan for the whole operation according to terms of reference prepared by the MEPA. 5) In all cases, the maximum allowable dimensions may be curtailed if MEPA is of the opinion that the relevant structure would constitute an unacceptable impact. 7.1 Open air storage facilities should have adequate landscaping around the perimeter of the site to ensure compatibility with its surroundings and reducing visual intrusion of the facilities. There should also be landscaping within the site itself. Developers should submit a detailed breakdown (by floor space and use class) in terms of the ancillary administration and support services. In the case of open air storage facilities in Areas of Containment, open air storage facilities on part of the designated Area of Containment may be permitted. Given that Areas of Containment present an opportunity for accommodating open storage uses which would otherwise be located Outside the Development Zone, the built component of open storage sites within areas of Containment may be up to 10% of the open storage site in order to direct such uses to Areas of Containment.

8

Appendix 1 1.0

Policy Context

The Structure Plan, 1990 1.1 It is a general goal of the Structure Plan to encourage the further social and economic development of the Maltese islands, and to ensure as far as possible that sufficient land and support infrastructure is available to accommodate it. Such development activity is to be channeled into existing and planned urban areas, ensuring that land and buildings are used efficiently. 1.2 The Structure Plan 1990 includes policies to deal with warehousing and storage and these policies provide an appropriate policy framework to deal with the issue of “storage”. The Structure Plan does not define specifically whether the concept of storage in policy terms includes “built facilities” or “open storage” or both, but the supporting text to the policies suggests that it was primarily meant to cater for “built” facilities for storage. Manufacturing Industry Policies 1.3 Policy IND 1 states that “New industrial estates, including warehousing, will be developed northwest of the existing San Gwann Industrial estate and the east of the existing industrial estate at Hal Far“. Obnoxious Industry Policies 1.4 The preamble to Policy IND 9 states that there would be little point in attempting to group these uses on existing or proposed industrial sites since the environmental impact of such uses is unwelcome on manufacturing industry sites as on others. Warehousing Policies 1.5 Policy IND 11 states that “Encouragement will be given to the conversion and rehabilitation of existing warehousing premises to facilitate continuity of use where adequate access and vehicle parking exists or can be arranged”. The preamble to this policy refers to the encouragement to the conversion and rehabilitation of existing buildings in traditional warehouse areas”. This point is stressed further in Policy IND 12, which states that “Favourable consideration will be given to the development of new warehousing on industrial estates where it can be shown that development or redevelopment in traditional areas is impracticable or would maintain or exacerbate unacceptable environmental impact. Food stockpile depots including cold storage will be promoted in areas for warehousing”.

9

Minerals Policies 1.6 Disused quarry areas are earmarked for storage purposes, amongst other uses, in the justification to policy MIN 13. “In addition to the traditional uses of agriculture and horticulture, worked out quarries can be considered for obnoxious industry, storage, aquaculture and recreational facilities”. Settlement Patterns Policies 1.7 Policy SET 7 indicates which types of development should be given priority when a development is proposed in the temporary provision schemes or existing built up areas. While boat storage features in the list, there is no mention of open storage facilities for heavy commercial vehicles. 1.8 Policy SET 11 refers to “permitted forms of non-urban development”. These permitted uses are listed in preamble to policy BEN 5. However storage uses are not listed in the examples of “normal legitimate uses in the non-urban scene”. Therefore storage uses should not normally be located ODZ. Public Utilities Policies 1.9 Policy PTR 11 stipulates that “… PTA (Public Transport Authority) will provide an appropriate number of bus depots and workshops providing adequate parking, cleaning, maintenance, and overhaul facilities so that the quality of the fleet can be improved or maintained.” Agriculture, Horticulture and Fisheries Policies 1.10 In terms of hard standing facilities Structure Plan policy AHF 13 states that “sites for the establishment of secure boat storage” should be identified “near to but not on the coastline” whilst AHF 14 states, “Fishing boat berthing facilities will be promoted in the north of mainland Malta”. 1.11 The above discussion shows that the Structure Plan has not addressed the specific issue of the location of the uses identified in paragraph 1.3. Such facilities have either located in predominantly residential urban areas leading to adverse impacts on residential amenity due to abnormal vehicle movements, traffic hazards, visual intrusions and pollution, or in areas in the countryside outside the development zone leading to take up of agricultural land, visual intrusion, pollution and congestion or country roads. Existing industrial land has not been in high demand for open storage purposes. Nor does use of industrial land for open storage make good planning sense in terms of efficient use of land which is at a high premium and required, amongst other things, to offer space for industrial processes.

The Yachting Development Subject Study 1997 1.12 The Yachting Development Subject Study approved by the then Planning Authority [PA] in 1997 highlights the lack of hard standing facilities for boats and yachts as a weakness in the capacity for Malta to attract yachts. The document

10

estimates a target requirement for approximately 500 hard standing spaces. The document recommended that hard standing facilities be established in the following areas: a) French Creek, Cospicua (Grand Harbour Local Plan Area) b) Rinella Creek, Kalkara (Grand Harbour Local Plan Area) c) Malta Hydrofoil, (Marsaxlokk Bay Local Plan Area) Supplementary Planning Guidance Development Control Policy and Design Guidance 2007 1.13 The Development Control Policy and Design Guidance, 2007 has addressed the issue of parking for heavy commercial vehicles in residential areas. Policy 6.15 allows for the parking of heavy commercial vehicles in garages in residential areas if certain conditions are observed. The preamble to the policy recognizes the demand for parking space for heavy vehicles where it states that “There is a need however to provide for the off-street garaging of heavy goods vehicles, and certain areas are already used for this purpose.” The preamble adds that the “parking of buses, lorries and other similar vehicles on the street can be unsightly, and, as these need more space in which to maneuver, it can also be dangerous“. 1.14 The policy stipulates the dimensions of acceptable garages, excludes sites within UCAs, and specifies, “The garage shall be used only for the parking/garaging of vehicles and shall not be used for industrial purposes”, therefore excluding maintenance and storage of plant machinery and equipment. 1.15 In effect this policy allows for heavy commercial vehicles, including lorries, buses and coaches to be parked in residential areas and is generally catering for small enterprises with a small number of vehicles (up to 2). Enterprises with more than two vehicles and ancillary heavy plant machinery cannot be accommodated in these areas. Boat storage is not included as an acceptable use.

Subsidiary Legislation 1.16 Legal Notice 50 of 1979 Motor Tractor Regulations (as subsequently amended between 1979 and 2003 stipulates that: “No person shall stop, whether temporarily or otherwise, and leave unattended, or shall park any motor tractor and/or trailer or any heavy commercial vehicle or other commercial vehicle loaded with a container or leave a container in any road, yard, area or open space whether enclosed or otherwise other than in an authorized parking place or at an authorized container storage depot.” 1.17 This implies that heavy commercial vehicles and plant machinery have to be parked off street in authorized parking places. The implementing agencies of this regulation are the Police and Local Councils. 11