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MT 8 JUNE 2014

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maltatoday, SUNDAY, 8 JUNE 2014 5 News Green light for apartments on Spinola townhouses New appeals tribunal overturns MEPA decision protecting townhouses from any development, allowing the construction of up to three additional storeys on buildings PHOTOGRAPHY BY RAY ATTARD JAMES DEBONO THE appeals tribunal of the Malta Environment and Planning Authority has overturned two decisions taken by the authority in 2010 and 2011, to leave two traditional townhouses in Spinola road untouched by development. While the developers had originally applied for the complete demolition of the townhouses, the latest permit issued by the appeals tribunal foresees the development of three additional floors on the two townhouses. The two buildings will be incorpo- rated in the new development. The tribunal's sentence lays down that the building height cannot exceed five floors from Spinola Road. According to MEPA, the buildings were the first to be constructed in the area, depicted as "solitary stately homes" in survey sheets dating back to 1898. The two buildings have a façade in Spinola Road and another on Spinola Bay, and both have been earmarked for Grade 2 scheduling. According to the Structure Plan, only alterations to the interior of Grade 2 buildings are allowed if these are car- ried out sensitively and causing the least detriment to the character and ar- chitectural homogeneity of the build- ings. While agreeing with MEPA that the two buildings deserved protection, the appeals tribunal insisted that it could not ignore permits issued for apart- ment blocks adjacent to the two town- houses. "While the buildings should be re- stored, additional storeys should be constructed in the same way as has been done on adjacent sites," the tribu- nal said in its decision. MEPA still has to issue a full develop- ment permit for these developments, but in doing so it cannot ignore the appeals tribunal decision to allow the developers to build additional floors on the two houses. The tribunal, which took this deci- sion, is composed of planner Martin Saliba, lawyer and Labour candidate Simon Micallef Stafrace and practicing architect and Freeport chairman Rob- ert Sarsero. Over the past months, the tribunal overturned several decisions taken by MEPA under the previous administration, including the develop- ment of 46 villas by the Portomaso de- velopers in St Julian's. St Julian's townscape 'no longer exists' In their appeal, the owners argued that an adjoining property with similar characteristics had been demolished and rebuilt through a permit issued in 2008 and that the two townhouses are now sandwiched between blocks of apartments. In representations on behalf of his cli- ent Albert Coppini, lawyer Peter Borg Costanzi argued that the St Julian's townscape consists of apartment blocks and not of traditional townhouses. "The alleged houses typical of the St Julian's townscape just do not exist anymore and the present typical town- scape consists of precisely the type of property which my client wants to construct." MEPA, through its lawyer, rebutted this argument, making the point that the building in question is the "oldest building remaining in Spinola Bay" and the presence of apartment blocks in the same area does not justify the demoli- tion of this building. The authority also contends that the building can be easily restored and any accretions or alterations made to it over the years, removed. MEPA justified a permit on a similar adjacent building issued in 2007, argu- ing that this particular building had not been earmarked for scheduling. On the other hand, the two town- houses were proposed for schedul- ing in 2008. Subsequently the MEPA board asked for further information from the owners who failed to submit this information. The two buildings have a facade in Spinola Road and another on Spinola Bay, and both have been earmarked for Grade 2 scheduling

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