Issue link: https://maltatoday.uberflip.com/i/1490234
6 maltatoday | WEDNESDAY • 18 JANUARY 2023 NEWS NEWS JAMES DEBONO THE Environment and Planning Tribunal has confirmed the refusal of an apartment block in place of an old Birkirkara townhouse locat- ed in the urban conservation area, which was first refused due to its impact on the urban skyline. The project on Triq Santa Rita and Sqaq Karla would have result- ed in the partial demolition of the existing building to may way for a 10-garage basement, a terraced house, and 11 units built over four levels. The EPRT concluded that the de- velopment was "unacceptable" for the partial demolition of a prop- erty with heritage value but also in terms of the proposing massing. The development was proposed by Jason Mifsud's Grand Property Holdings, and designed by archi- tect and former planning minister George Pullicino. The applicant insisted that other commitments in the surrounding area made the pro- posed height of the project accept- able, and that the original fabric of the old building was being partially retained for an adequate transition with surrounding buildings. Fea- tures like a historical niche were to be integrated within the new build. While earlier plans in 2019 fore- saw a complete demolition of the building, in 2020 the main façade with its St Joseph niche and part of building visible from the street, were retained. The arched niche is at an angular pediment, topped by a cross, with a cornice at the bot- tom, a metal hook and lamp, and an 1886 inscription granting an indul- gence. Located at the edge of the town's UCA, it is surrounded by modern and traditional buildings. But the Superintendence for Cultural Her- itage had strongly objected to the demolition of the building, saying it was "an unacceptable intensifica- tion of development and will create an undeniable and negative impact both on the property and on the streetscapes." The PA's case officer had suggest- ed that the "right and sensitive al- terations" could turn the proposed build into an "exemplary building showcasing out heritage while also being habitable." But as proposed the development disrupted the streetscape with blank party walls, as well as com- mitting the rest of the perimeter for further extensions into the UCA. Old Birkirkara townhouse saved as appeals tribunal confirms decision KURT SANSONE A court has rejected claims of conflict of interest made by sev- eral organisations against offi- cials involved in the DB Group permit for its City Centre project. Mr Justice Mark Chetcuti, pre- siding over the Court of Appeal, threw out the objections against the chair of the Environment and Resources Authority, a con- sultant involved in the environ- mental impact assessment, and a member of the tribunal that had rejected an appeal filed by the same organisations against the Planning Authority's decision to grant a permit. The City Centre project was ap- proved in 2018 and will see the construction of two residential towers and a five-star Hard Rock Hotel on the site that formerly housed the Institute for Tourism Studies. Local councils, residents and environmental organisations had protested against the project, which they claimed will over- shadow the Pembroke communi- ty and create traffic congestion in the area. The project also proved contro- versial over the manner by which government transferred the ITS land to the DB Group. In his ruling, Chetcuti shot down claims that ERA chair Vic- tor Axiak had a conflict of inter- est when deciding on the EIA be- cause he had already pronounced himself in favour of the project. Axiak had been on the first PA board that granted a permit to the DB Group for its St George's Bay project. This permit was sub- sequently withdrawn after a de- cision by the Environment and Review Tribunal. When the project, in its re-di- mensioned form came up for a second consideration, ERA re- quested an adjournment of the EIA. Objectors claimed Axiak should not have pronounced himself at that stage having al- ready voted in favour of the pro- ject in its previous incarnation. But the judge noted that during the public meeting held by ERA on the EIA nobody had raised this concern or objected to Ax- iak's presence. Indeed, not one single objection was raised. "It is this court's understanding that this [non-objection] mili- tates against the arguments made by the appellants because it sug- gests that the appellants felt ag- grieved with the presence of Prof. Axiak on the board only because of the outcome of the evaluation process and not because they be- lieved that a reasonable observer could have been concerned about Prof. Axiak's impartiality," Chet- cuti said. However, he also ruled that the complaint was unjustified be- cause ERA was only deciding on an update of the EIA that had al- ready been done. The judge also shot down a claim that engineer Marco Cre- mona, who had been roped in as one of the consultants for the EIA – he was engaged with another consultant to study the project's impact on Għar Ħarq Ħamiem – could not be impartial because of a conflict of interest. The appellants produced news- paper articles showing that in the past Cremona had worked on a research project to recycle waste water and a hotel belonging to the DB Group had collaborated with him. The project eventually never materialised because the health authorities did not acqui- esce. But the judge refused the argu- ment that Cremona's past rela- tionship amounted to a conflict of interest. The court ruled that it did not result that Cremona had any personal financial gain from the City Centre project and not- ed that no objections had been raised against Cremona when it was known that he formed part of the EIA process. The third ruling concerned Al- exander Zammit, a member of the tribunal, who NGOs claimed had a conflict of interest on the basis that he was a Planning Authority employee on unpaid leave. Chetcuti ruled that Zammit's employment with the PA had ended before he presided on the tribunal that dealt with the ap- peal, and noted that the PA itself was not a party to the appeals process. The judge said the NGOs' claim that Zammit had a conflict of in- terest was "manifestly unfound- ed". The court refused the three ob- jections, ordered the appellants to pay the costs and the case to continue being heard on its mer- its. The appeal was filed by sev- en NGOs, including Moviment Graffitti and Friends of the Earth, and seven residents, including independent candidate Arnold Cassola. Judge rules against NGOs over conflict of interest claims in DB project permit A Court of Appeal has rejected claims made by several NGOs and residents that officials involved in the DB Group City Centre project permit had conf licts of interest