Issue link: https://maltatoday.uberflip.com/i/429113
maltatoday, SUNDAY, 7 DECEMBER 2014 8 News MEPA'S Environment Planning Commission has asked the enforcement di- rectorate to carry out a site inspection and provide a report on whether the Black Gold establishment is complying with plan- ning regulations. Last month a MEPA spokesperson told Mal- taToday that the author- ity intended to "dismiss" a permit issued last year to allow the setting of tables and chairs on an extension to the pavement in front of the restaurant. According to a MEPA spokesperson, two of the requirements imposed by the Environment and Plan- ning Commission when the permit was issued were not abided by. These included the payment of a €1,430.18 fine and photographs to show that the conditions of the permit were be- ing observed. Given that the applicant did not ad- here to these two requirements, the authority informed the applicant that the permit was being recommended for dismissal. But during an EPC meeting last week, the architect representing the establishment presented photos showing compliance with the provi- sions of the law. On his part Black Gold owner Michael Stivala insists that he is not denying access to pedestrians and that the situation in front of his outlet is exactly the same as that for other outlets along the Strand. He also denied that he was informed by MEPA that the permit would be "dismissed", the information he was given was that the permit would be discussed anew. He also expressed willingness to abide by any conditions imposed by MEPA and that pending issues can be resolved at the hearing. When asked whether he has abided by the original conditions imposed in last year's permit, Stivala replied that during the meeting he would be presenting photographic evidence to show that he is doing so. Back in October 2013 the Environ- ment and Planning Commission had overturned the recommendation of the case officer to refuse the permit, arguing that the 56 square metre ex- tension to the pavement has a "mini- mal impact" on traffic. But the permit was approved on condition that a "two metre wide pe- destrian passageway physically sepa- rated from the seating area" is also created. Developers were given five days to present new plans, which include both the pedestrian passageway and showing "two standard lanes and two metre parking bays". In its 2013 decision the MEPA board made it clear that the permit shall in no way compromise any pro- posed upgrading of the Gzira/Sliema Strand and in such an eventuality the applicant would have to abide by the requirements of such upgrading and have no right to any compensation in this regard. The case officer insisted that the de- velopment was not acceptable, as the proposed extension of the pavement for the placing of tables and chairs would intensify an "unacceptable use" within what is still designated in the local plan as a "residential area". The case officer also objected to the loss of two parking spaces in an area which already has a significant short- fall of parking room. Transport Malta had originally ob- jected to the development because the tables and chairs would be sepa- rated from the establishment and re- sult in a loss of two parking bays. But the MEPA board referred to more re- cent documents showing that Trans- port Malta had deemed the impact on traffic to be acceptable. Wied Garnaw developer to show council plans for elderly home THE Santa Lucija local council is organising a 'public consultation' meeting in which an aspiring de- veloper will present plans for the construction of an ODZ old people's home in the vicinity of the Margaret Mortimer secondary school and the Wied Garnaw valley. The meeting is set for next Tues- day at 6:30pm and will include a presentation by the developer. It will be held at the Chinese Gardens Pa- vilion. According to the agenda, the public may comment or make suggestions after the developer's presentation. Mayor Frederick Cutajar told a re- cent council meeting that since the site in question is adjacent to the road, it is not really part of the val- ley. Yet this site is legally protected from development by various desig- nations, including it being ODZ and in the aquifer protection zone. While the site in question is near Sta Lucija boundary, it falls within the Luqa boundary. The Luqa local council some months ago issued a media statement stating that it op- posed such a development on this ODZ site. The four-storey home for the elderly is being proposed on 4,472 square metres of ODZ land along Luqa Road, next to the Garnaw Val- ley reservoir. Architect Robert Sarsero, a mem- ber of the environment and planning review tribunal that decides appeals against permits issued by MEPA, filed the application on behalf of ap- plicant Neville Schembri, a director and shareholder in Healthmark Care Services, a company providing home care and support services to seniors and persons who need help at home because of illness or disability. An online petition, 2,400 signatures strong, is urging MEPA to refuse this application. In 2007 the Malta Environment and Planning Authority had set a precedent by refusing the construc- tion of 12 maisonettes in the same zone that is now being identified for the development of the private resi- dence for the elderly. The case officer's report recom- mending the refusal of the 2007 ap- plication for 12 maisonettes in the same area states that the site was designated as an area of agricultural importance, a valley protection zone, a strategic open gap, and an aquifer protection zone in the South Malta Local Plan. The site also lies within the flight protection zone and outside the lim- its of a buffer zone identified for the overhead 33KV power lines. MEPA has yet to validate the screening application presented by the developer. It is still waiting for the submission of documentation which it had asked for in a screening letter sent to the developer. JAMES DEBONO PLANS have been presented to the Malta Environment and Planning Authority to transform the Mystique villa, a quirky building overlooking Madliena's Mejxu valley, into a bou- tique hotel. The plans propose substantial ad- ditions to the existing building while retaining its unique features. An eccentric creation of the fourth Marquis Scicluna vaguely reminis- cent of Catalan architect Gaudi, the Mystique was a leading nightclub in the 1960s. The building has been left aban- doned for some years, becoming a favourite haunt for young people searching for adventure or a quiet place to meditate. Christiane Ramsay Pergola, Baron- ess of Tabria – who presently runs the Palazzo Parisio gardens – is pro- posing the development, which also includes a pool and a cafeteria. The Mystique is not a protected building although leading architects like Conrad Thake have in the past called for its preservation. Noteworthy features in the building include glass mosaics of owls and pea- cocks that decorate the walls of what used to be a garden bar. From the terrace near the indoor bar one can enjoy views of St Julian's and the Portomaso tower. One can still find a Jacuzzi, a geyser and a kitchen- ette in the Marquis's living quarters. The building lies outside devel- opment zones in the vicinity of the Torre Paulina wedding hall. In 2010 MEPA had approved an applica- tion to enclose the property within a boundary wall. Plans to transform Madliena's Mystique into a boutique hotel No decision yet on Black Gold's extended pavement MEPA postpones decision on dismissing permit for Black Gold's extended pavement pending site inspection YOUR FIRST CLICK OF THE DAY www.maltatoday.com.mt An online petition, 2,400 signatures strong, is urging MEPA to refuse the application