Issue link: https://maltatoday.uberflip.com/i/1148959
15 maltatoday | SUNDAY • 28 JULY 2019 ANALYSIS Ta' Xurraf area. During the processing of the applica- tion, the architect submitted an extract from the 1939 electoral register to prove its previous residential use. When a pile of rubble was turned into a villa The Planning Authority also issued a permit for the rebuilding of a two-storey dwelling set over a footprint of 141sq.m of land instead of a pile of rubble in Sqaq il-Fata, lying outside the development boundaries in Żabbar. Subsequently, a permit was issued for a pool in the curtilage of the new devel- opment. The PA has also approved a 180sq.m terraced house in Kerċem instead of an- other pile of rubble. The proof of previ- ous residence consisted in the electoral register of 1902 and the superimposi- tion of an 1898 map with recent aerial photography, which showed that the building mentioned in the electoral reg- ister "coincided with the ruins present on site today". From ruins to guest houses In 2017, two brand new dwellings were approved in the Wied Għomor valley in St Julian's instead of two dilapidated dwellings. The dwellings were approved after suf- ficient proof of previous residence was presented in the form of electoral regis- ters dated 1981, 1982 and 1985. Subsequently the owner applied to change the approved dwellings into a guest house. The application is still pending. A tower in the countryside In cases where past proof of residence is impossible to obtain, ruins have also been rebuilt into agricultural stores. The most notorious case involved the approval of the "reconstruction" of a tower-shaped two-storey building in the middle of the Żebbuġ countryside in Gozo, instead of a pile of rubble. The new building has a floor space of 50sq.m connecting the two storeys through a spiral staircase. Aerial photos dating back to 1978 showed "structural remains" and the two-storey height of the building was deduced "from the shadow of the struc- ture". Old photos of the structure were also submitted "showing remains of the tall façade of the old agricultural store". A declaration by a parish priest In August, the PA is expected to de- cide on the construction of a 150sq.m residence instead of a 66sq.m structure next to l-Palazz ta' Ċensu at Ta' Ċenċ in Gozo. In this case, the only proof of previ- ous residence is a declaration by the Sannat parish priest that a certain per- son used to live in the structure until 2006. The case officer is insisting that this does not constitute proof of residence. ERA is objecting since the development will commit a much larger built foot- print than the existing farmhouse. Another recently presented applica- tion which is still being assessed by the PA involves the construction of a 200sq.m two-storey "vernacular farm- house" with pool in the picturesque tat- Tilliera area in Baħrija. The brand-new building would be con- structed instead of "existing structures" mostly consisting of roofless rooms. turned ruins to villas What the policy states With regards to ordinary structures with no vernacular values, owners have to prove past residential use in order to apply for their demolition and redevelopment according to the terms of Policy 6.2.C. The Rural Development Guidelines also include a clause (Policy 6.2.A) which specifically allows the "rehabil- itation and change of use of architec- tural historical or vernacular interest" allowing their transformation into dwellings. In such cases, the developer can't demolish the building but can apply to enlarge it. Moreover, any structure built before 1978 is deemed to be legal and there- fore eligible for redevelopment. Therefore, it can be rebuilt for the same purpose for which it was origi- nally constructed. In this way, even the ruins of build- ings appearing on pre-1978 survey sheets and aerial photos can be re- built. Policy 6.2.A, specifically allows the construction of a dwelling (even if the former use was not residential), provided the existing building to be converted has a minimum area of 100sq.m. But with regard to dwellings whose past residential status is proved, de- velopment can also be permitted, fall- ing short of this threshold. Other policies also enable any own- er of an ODZ dwelling to apply for a 75sq.m swimming pool and deck area, which means that dwellings approved instead of ruins can still benefit from this development. In cases where it is impossible to ap- ply for a residence some are applying for stables, agricultural stores and other developments permitted by the policy. This is why cranes have now be- come a more common occurrence in the deep heart of the countryside in the past few years. A 43sq.m vernacular structure, dating back to the times of the Knights of St John, in Triq Gebel Ghawzara in Bidnija was granted approval to be developed into a 140sq.m dwelling Illegal buildings in Fawwara were sanctioned because someone once lived on the property ANALYSIS