‘No Major Politician Has Committed To Changing Local Plan’: Musumeci Defends His Interpretation On ODZ Application
Robert Musumeci has defended his interpretation of Malta’s Local Plan for an application on ODZ land, insisting that “no major party politician” has committed to changing the plans.
Lovin Malta reported on an application looking to turn a stretch of green land outside the development zone in Binġemma into a residence.
Pointing to the Local Plan, Musumeci and the applicant are arguing that since one of the two dwellings was divided in 2018 into two maisonettes, the two structures constitute a total of three dwellings – and the development should be allowed. Planning Authority case officers disagree and have flagged the issue.
In a right of reply, Musumeci said:
“The 2006 Local Plan makes it clear that in order to accommodate an end of development dwelling (as in this case) there must already be three residences and must like to the last one. The Plan talks about residences and nothing more.”
“In this case, there are three residences and not two or one. The Local Plan does not say three terraced houses but ‘dwellings’.”
“The law must be interpreted on the basis of the words expressed in the policy. Any decision otherwise amounts to an error of law, based on irrelevant considerations and subject to appeal.”
“Interpreting the law clearly and frankly is not abuse. Abuse is if we will abdicate what the Local Plans provide due to external pressures.”
“As long as Parliament does not change the Local Plans, I will continue to demand that the legitimate expectations contained therein be respected provided that the same plans do not give discretion otherwise.”
“No major party politician has yet committed to how they will change these plans.
“Until they change, I will continue to follow them.”
What do you think of Musumeci’s statement?