Issue link: https://maltatoday.uberflip.com/i/1459407
6 maltatoday | SUNDAY • 13 MARCH 2022 NEWS JAMES DEBONO LABOUR leader Robert Abela acquired his Zejtun villa, a 2,200 square metre estate named 'Ċin- ja', just three months after it was regularised by the Planning Au- thority and freed from restric- tions for its sale. Its owners had been preclud- ed from selling the villa to third parties, in a case characterised by conflicting policies and plan- ning interpretations. Abela was at the time the chief lawyer to the Planning Authori- ty when in April 2017, the PA's planning commission approved owner Joseph Camilleri's request to 'regularise' illegal alterations and additions to the dwelling. The permit included no involve- ment of the PA's legal office. The contract certifying the €600,000 property sale to Abela was signed on 10 July, 2017. The unauthorised works on the Triq Xrobb l-Għaġin villa had been carried out before 1994 and then regularised by the PA's planning commission in 2017. The illegal extensions had dou- bled the size of the farmhouse to 352sq.m, when such ODZ (out- side development zone) build- ings could only be extended up to a maximum 200sq.m floor area. The PA's case officer, who rec- ommended approval, recognised that the scale of the additions was the main issue with regular- isation, given that the total floor area of the existing building ex- ceeded the 200sq.m allowance. But the case officer justified approval, on the basis of a Rural Policy clause allowing exten- sions carried out before October 1994 to be regularised "if the ex- tension does not visually domi- nate the existing dwelling" and if these are considered "acceptable in the wider landscape". Moreover the case officer also refers to "steel sheds" on an area of 440sq.m which were removed between 1994 and 1998, arguing their removal over 20 years ago to make way for landscaping, made the sanctioning of the il- legally-built structures "accept- able". Since a store proposed for sanctioning was located at a lower level from the rest of the building, the case officer felt it did not visually dominate the site. An 80sq.m swimming pool and decking area was also developed without a permit, but this was deemed acceptable because it had replaced two small rooms demolished before 1994, while animal enclosures in the same site were justified because these predated the 1994 cut-off date. The site also happened to be in a buffer zone for the Ħal Ginwi archaeological site, but the case officer deemed the swimming pool acceptable because it con- sists of a "plastic" structure and its construction did not involve any excavations. Objections by the Agricultural Advisory Committee were also overruled on the basis that the illegalities to be sanctioned pre- dated 1994. The advisory panel had insisted that since the de- velopment had involved "the unjustified uptake of agricultural land" it was in breach of policies encouraging soil conservation. The panel had also objected to the regularisation of animal en- closures for donkeys and poul- try, due to the absence of docu- mentation on the animals kept on the site. Conflicting policies As often happens in similar cases involving ODZ dwellings, the favourable recommendation was based on an interpretation of conflicting policies by the case officer. While the 200sq.m thresh- old limiting extensions of ODZ dwellings is mandatory, the al- lowance made for the regular- isation of pre-1994 structures depends on the case officer's in- terpretation as underlined by the use of the word "may be regular- ised" in the policy. What is re- markable in this case is that the removal of a 440sq.m shed more than 20 years ago, was used as justification for regularising oth- er illegal structures still present on site in 2017. The Environment and Re- sources Authority (ERA) had not objected to the development but noted that the plans for the development approved in 1985 "did not have a stamp of approv- al" and therefore "it cannot be accurately determined whether the quoted permit and building indicated as 'approved' on plans relates to the development of the site in question or otherwise". But an analysis of aerial photos by ERA showed that the devel- opment was built as it is today "save for a few modifications.". The case officer also recom- mended a €45,000 fine for the sanctioning of these illegalities, and even asked the PA's plan- ning commission whether the value should be doubled. Min- utes of the board meeting in- dicate that no discussion took place on this matter. jdebono@mediatoday.com.mt PM's villa regularised by PA months before purchase Illegalities in ODZ villa Robert Abela bought for €600,000 had been regularised by the PA's planning commission three months before The previous owners of Robert Abela's Zejtun villa were had been precluded from selling the villa to third parties, but got various ODZ illegalities sanctioned in time for the eventual acquisition by Abela Hotel for Mellieha's main square, watchdog objects JAMES DEBONO A property overlooking Mell- ieħa's Misraħ il-Parroċċa is be- ing earmarked for demolition to make way for a new hotel. A planning application pre- sented in February foresees the construction of a four-star hotel with pool, restaurant with cater- ing area in Misraħ il-Parroċċa. The development involves the creation of a new storey rising above the existing streetscape. Objectors said this will create four blank party walls, as well as two blank back walls. The property earmarked for demolition is described as being of high cultural heritage value, "having architectural, historical and social historical value" by the Superintendence for Cultur- al Heritage. The Superintendence said this property warrants protection and preservation and should not be demolished, calling on the Planning Authority to object to the application. Din l-Art Ħelwa has also object- ed to the proposed demolition of the property located within Mellieħa's urban conservation area, calling for a more sensitive approach to the elevation on the square. "The façade, at the very least should be retained," DLH said in its objection. A bell-shaped well is reportedly found in the vicinity of the new development. The hotel is be- ing proposed by 3Eleven Ltd, a company owned by Garrett and Stephanie Zerafa. Din l-Art Helwa has also objected to the proposed demolition of the property in Mellieha's urban conservation area, calling for a more sensitive approach