Issue link: https://maltatoday.uberflip.com/i/1491153
10 NEWS maltatoday | SUNDAY • 29 JANUARY 2023 JAMES DEBONO ANOTHER early 20th century townhouse along the traditional streetscape of Fleur De Lys road is being eyed for demolition for five-storey development, in yet another threat of blank party walls to the street. Owners of the other half of the building in question are object- ing to the blank party wall that would result from the develop- ment. The townhouse forms part of a row of similarly constructed buildings, which according to the Superintendence for Cul- tural Heritage "merits to be part of the Urban Conservation Area of Birkirka-ra." Triq Fleur-De Lys was con- troversially excluded from the UCA in local plans approved by the Nationalist government in 2006. Now faced with propos- als impacting on this historical part of the town, over the past years the Superintendence for Cultural Heritage has repeat- edly called for the inclusion of Fleur-De-Lys in the UCA. Under this present request, the house façade will be retained, which according to the SCH has a certain degree of architectural value, especially in the context of the surviving streetscape. But the developers – Mamma Ma Limited – are proposing internal demolition, excavation for a basement, and the con- struction of three full floors be- hind the façade with two new receded floors. The SCH is objecting to the demolition of the building, saying it is totally unaccept- able and warning that it would "disrupt this rhythm and thus be incongruous within the ex- isting streetscape" because the volumes and massing would bring an "unacceptable negative impact on a significant streets- cape which is worthy of preser- vation" The owner of the other part of the building is also objecting, saying the demolition would "disrupt the original character" of the building itself and the wider streetscape. But back in 2017 the PA itself created a dangerous precedent by approving the partial demo- lition of a neighbouring dwell- ing, retaining its existing facade and allowing a receding floor and pent-house despite the ob- jections of the Superintendence for Cultural Heritage. Over the past years the streets- cape along Triq Fleur de Lys has been marred by the addition of washrooms and penthouse de- velopments, and by new blocks emerging from neighbouring streets and plots, like one mas- sive block erected on a plot near the Dar tal-Kleru. The SCH recently reiterat- ed its objection to the pro- posed demolition of another two-storey town-house located 12m away from the Carmelite church, despite the presenta- tion of new plans retaining the existing façade but adding three new storeys. The SCH also shot down another request for three additional storeys on a town- house between Triq il-Madon- na ta' Pompej on one side and Triq Fleur de Lys in the vicinity of the Dar tal-Kleru. The SCH does not have the power to veto applications, al- though in some other cases de- velopments were scaled down in response to its objections. But it is only by including Triq Fleur de Lys in the UCA, that the PA would have the power to rule out the complete or partial demolition of these buildings. The demolition of old town- houses and their replacement by apartment blocks has been facilitated by the infamous An- nex 2 in the 2015 development guidelines, which made it easier to fit more floors in the height limitation established in local plans, by effectively converting the 3-storey height limitation in local plans into a metric height of 17m so that developers can fit five storeys. But in its electoral manifesto the Labour Party has not ruled extending existing UCA to in- clude new areas. The party says it is committed to "introduce buffer zones around UCAs to ensure a gradual transition from the development zone to protect the characteristics of towns and villages" while also mentioning the possibility that UCAs "are extended to new zones." jdebono@mediatoday.com.mt Left out of Birkirkara UCA, heritage watchdog tells PA traditional houses face the chop as developers eye five-storey blocks Fleur de Lys townhouse row under threat again by five-storey block MATTHEW VELLA A Court of Appeal has rejected a request to expunge a deci- sion by another appeals court, that radically trimmed down a compensation for a restau- rateur when the property was expropriated for the construc- tion of the Kappara flyover in 2015. Originally the Calleja family, which ran The Cottage res- taurant, had won 12% of the €835,000 in damages that were paid to the actual property owners after the Maltese gov- ernment expropriated the land for the construction of the Kappara flyover in Gżira. The Calleja family had been the tenants operating The Cot- tage since 1988. In July 2015, eyeing the land for the €39 million EU-funded flyover, the government offered landown- er Eugenio Bartolo €835,000 for the 335sq.m property to take possession of the land. The Callejas also requested compensation, and were of- fered just €12,762; they con- tended they were entitled to €200,400 – a sum calculated as an annual 12% of the €835,000 value of the property for two years. Since the Callejas were on- ly tenants of the property, so upon appeal by the Lands Authority, a court trimmed down their request to €89,000 – the rental value calculated up to 2028, the year their lease would be terminated. But an attempt to have that decision cancelled was turned down by a Court of Appeal pre-sided by Chief Justice Mark Chetcuti, who lambast- ed the family's attempt to claw back the monies they claim they were entitled to. According to the court deci- sion, the Callejas paid a rent of around €6,300-€7,200 annually for the property up to the con- tract's expiry. "This complaint is manifestly wrong, if not futile. This Court would never put the Calleja family, as tenants of the ex- propriated property, on level pegging as the owners of the property – it has to be merci- fully stated that, if the owners were entitled to €835,000 in expropriation damages, the tenants surely could not expect the same with just 13 years left to the expiry of the lease," the Court said. "The compensa- tion for a 13-year rental cannot be compared to the compensa- tion expected by the owner of the property, especially when the Callejas presented no evi- dence of loss of business dur- ing the expropriation." The Callejas lost the appeal and were fined €800 for court expenses. mvella@mediatoday.com.mt Kappara flyover tenants who wanted hefty compensation sent packing