Possibilities concerning the relationship between SEA (Strategic Environment Assessment) and local planning in Malta : a case study of the North West Local Plan (Rural settlements)

Abstract

This study investigates the preparatory works and procedures followed by the Planning Authority (PA), now the Malta Environment and Planning Authority (:NIEPA), in the formulation of the North West Local Plan (NWLP) with particular reference to Rural Settlements, specifically hamlets. This study establishes that no form of environmental impact analysis was carried out in the preparation of same Local Plan, notwithstanding the fact that such analysis are required under current planning policy. Recent Planning Legislation which had significant effect on development in Malta, includes The Building Development Areas Act 1983, The Building Permits (Temporary Provisions) Act 1988 (TPS Act), and the Development Planning Act 1992 (DPA) which was amended in 1997 and amended again in 2001. The Structure Plan was put into force in 1992 under the provisions of the DPA. The Environment Protection Act was enacted in 1991 and amended in 2001 and the Environment Impact Assessment (EIA) Regulations were legalised in September 2001. EIA of major projects knows its inception in the United States in 1969. Since then the United Nations and the European Union have, on many occasions, addressed the problem of integrating environment and development in the decision-making process. The project-specific EIA Directive, issued in 1985 by the European Community, was modified in 1997 and Member States had up to March 1999 to bring their planning and environmental legislation in line with the amendments. Strategic Environment Assessments (SEAs) were originally intended to integrate environmental consideration into proposed laws, policies, plans and programmes. As a result of international legal and policy developments (e.g. EC SEA Directive which will come into force across the European Union in July 2004) there will be wide spread adoption of SEA. In the NWLP area there are many hamlets; these are defined as small residential sites, contained in a distinctive settlement unit and distant from their parent locality. Guiding parameters are set to evaluate all hamlets and policies are proposed for the different sized hamlets to regulate and control development. These policies were adopted in the Draft NWLP. The evaluation carried out was a result of a visual analyses of the hamlets. Notwithstanding the PA' s awareness of the need to carry out impact assessments and the law requirement to carry out such assessments in the formulation process of Local Plans, these were not carried out. Presently MEPA is working on a set of SEA Regulations to be in line with the forthcoming EC SEA Directive (Malta will become a new Member State in May 2004). However, for the effective implementation of the Directive, it is essential to have awareness among the decision-makers and to have the required human resources.