Issue link: https://maltatoday.uberflip.com/i/1172208
10 maltatoday | SUNDAY • 29 SEPTEMBER 2019 JAMES DEBONO AN attempt to increase office space in an eight-storey block which has delete- riously jutted out onto the Balluta Bay, was turned down by the Planning Au- thority's planning commission in a deci- sion taken on Friday. The development was originally ap- proved as a mix of offices and residenc- es. While the facade of the old townhouse facing the St Julian's High Street was re- tained, an imposing back-end structure located just off the Barracuda restau- rant has radically changed the appear- ance of Balluta Bay with the building's upper floors jutting out over the sea it- self. In May 2018, the Environment Re- sources Authority stopped works on the site after the bay was repeatedly pol- luted with construction materials. The project is being "designed and styled" by LOFT Designs, a company owned by the Prime Minister's chief-of-staff, Keith Schembri. The latest application presented by de- veloper Michael Stivala would have seen the residences approved in two stages in 2017 and 2018, converted into offices. This would have restyled 4,050sq.m of office space, which would have repre- sented an increase of 2,700sq.m from the area allocated for offices in the origi- nal permit. The proposal also includes an additional level, while retaining the existing height except for a one-metre parapet wall on the uppermost level. According to the PA's case officer, the scale of office development as proposed was deemed excessive for a residential area, and would have had an adverse impact on the locality due to a shortfall of 63 car parking spaces, while creating a precedent for similar developments in the area. On their part the developers present- ed a green travel plan, which included measures to encourage car-pooling and the use of public transport. Despite the recommendation to refuse in a meeting held on 6 September, the planning commission indicated its in- tention to approve the permit and post- poned its decision to last Friday, when the permit was eventually turned down. In a bid to address the parking prob- lem the developer submitted a promise- of-sale agreement signed with Paul Vella on behalf of BPM Ltd, for the transfer of an underground level of parking spaces accessible from Old College Street. But the case officer insisted that a legal deed would be preferable to a promise-of-sale agreement. NEWS Controversial Balluta development has offices refused JAMES DEBONO THE development of an un- derground car park in the Carmelite convent grounds at Balluta is still being recom- mended for approval by the Planning Authority's case of- ficer, despite an unequivocal objection by the Carmelite Or- der which owns the site. The Carmelite Order is cur- rently suing applicant Joe Cilia to rescind a lease agreement signed by its former prior, who is also his brother, which fore- sees commercial development on the convent grounds. It also presented a judicial protest asking the PA to stop processing the present appli- cation. But the PA is insisting that it is legally obliged to pro- cess the application on the ba- sis of the original lease agree- ment. In March 2017 the PA turned down a controversial com- mercial development consist- ing of retail outlets and office development on a proposed first floor. It also foresaw an underground car park for 84 spaces on the same site. Subse- quently, a new application was submitted by Cilia envisaging a car park for 115 cars. Plans presented with the ap- plication refer to the "reloca- tion" of the existing statue of the Virgin Mary and 11 olive trees and two palm trees to the car park's roof, which would be turned into a garden. The site also includes a large Norfolk pine tree which is not listed amongst the relocated trees. The parking will consist of three underground levels and a ground-floor level. The ex- isting boundary wall's fronting will be retained but its height will be increased from 5.4 me- tres to 7.28 metres. The devel- opment is deemed to conform with the local plan. In the application presented in March, Joe Cilia claimed he had the "consent of the own- ers". But in an objection letter, the Carmelite Order insisted that the applicant did not have their consent, and that it had already informed Cilia in writ- ing that they would object to any application for a car park in the area, prior to the sub- mission of the latest applica- tion. The law specifically states that anyone submitting an application for development must certify to the PA that "he is the owner of the site or that he has notified the owner of his intention to apply by regis- tered letter and that "the own- er has granted his consent to such a proposal". But the law also states an application can be submitted if the proponent is "authorised to carry out such proposed development under any other law or through an agreement with the owner". According to the case of- ficer's report, legal advice was sought following the objection of the owners, who argued that the application should not be even processed. The PA was advised that the application can still be processed in view of the original lease agreement. The 760sq.m site proposed for the car park lies in the back yard of the Carmelite convent which is scheduled as a Grade 2 protected building and is in the immediate vicinity of the Carmelite parish church, scheduled as Grade 1. The Carmelite Order had entered into a 50-year lease agreement with Cilia in 2011 for the development of the gar- dens into a supermarket. Back then, the Order's prior was Fr Anthony Cilia, the developer's brother. The land was origi- nally granted on emphyteusis to the Curia in 1890, on condi- tion that it is not transferred or used for other purposes. When the Archbishop came to know of this contract, he im- mediately filed a court injunc- tion to stop the development. The new Carmelite prior also objected to the development. While recommending ap- proval the case officer warns that if the declaration of own- ership, as contained in the ap- plication form, is determined as incorrect by a court of law, the development permission may be rendered null and void. In June the Superintendence for Cultural Heritage strongly objected to the application warning of a "potential threat to the stability and integrity of the scheduled monuments". But following the submission of a works method statement by the developer, the cultural watchdog stopped objecting to the development while impos- ing a number of conditions, including the reinstatement of the garden above the proposed structures as a garden, with topsoil above the structures. The statue that is present on site is to be carefully removed, safely stored and relocated at the end of the work. A final decision on the application is due on 11 October. If granted permission Cilia will still have to apply for a full permit as the application presented is an outline one. Convent parking set for approval despite Carmelites' objection In an objection letter, the Carmelite Order insisted that the applicant did not have their consent