Issue link: https://maltatoday.uberflip.com/i/702141
maltatoday, SUNDAY, 10 JULY 2016 10 News JAMES DEBONO THE Planning Authority has ap- proved a two-storey dwelling set over a footprint of 141 square me- tres of land instead of a pile of rub- ble in Sqaq il-Fata, Zabbar. The Environment Planning Com- mission approved the development after architect Robert Musumeci submitted documents consisting of a court sentence proving the resi- dential status of the building which was visible in a 1967 Survey Sheet. Roofless and long-abandoned countryside ruins can be trans- formed into villas – thanks to the controversial Rural Policy in De- sign Guidelines approved in 2014. All that an owner has to do is prove that the structures had served as a dwelling in the past. Moreover, according to the poli- cy, any building constructed before 1978 is considered as legal. There- fore any ruin of such buildings may now be reconstructed. Curiously, the demolition and complete redevelopment of 'ruins' was specifically excluded in the first draft policy regulating rural and ODZ developments issued for pub- lic consultation in October 2013. A pile of rubble is what is left of the Zabbar farmhouse that col- lapsed 38 years ago. But to rebuild it the owners had to prove that the building was once used as a resi- dence. The PA's case officer had object- ed to the permit, insisting that no conclusive evidence had been pre- sented by the time he had prepared the report, to prove the residential status of the building in question. Various people living in the vicin- ity of the pile of rubble have also disputed the veracity of claims that the rural structure was ever inhab- ited. The new Environment Resources Authority also objected, arguing that the collapsed building "appears to be an old traditional rural struc- ture characterized by traditional features and was an integral part of the character of the area". The ERA concluded that a "pre-1978 struc- ture should never be considered as a justification for the development of a 140.8 square metre residence." In its decision to approve the re- construction of the dwelling the EPC also imposed a condition on the developer to plant three Judas trees and to limit the dwelling to a floor space of 200m2 instead of 230m2 as proposed. The proposed reconstruction of the farmhouse had already been refused by MEPA in 1998 and con- firmed by its appeals board two years later. The building was abandoned in 1978 and one of the roofs had col- lapsed six years later, followed by the collapse of one of the rooms. In 1998 the applicant pleaded with the authority to consider her social situation, that of living with her mother in a very small house with a husband and three children. The case officer report also reveals that "some works" were conducted on site "which would make identifi- cation of the ruins even more dif- ficult". PA's stamp of approval turns pile of rubble into Zabbar dwelling St Julian's concave townhouse to get three new floors JAMES DEBONO A concave two-storey townhouse in Lapsi Street, St Julian's, built in the classical style typical of the interwar period, will soon be getting two new storeys and a receded fifth floor to accommodate four new apartments following a permit issued on 1 July. While the concave façade and an entrance hall with typical arches will be retained, the rest of the building, including a staircase and a back gar- den, will make way for four new apartments. The local plan stipulates a maximum height of three storeys and a pent- house in this area of St Ju- lian's, which is designated as an Urban Conservation Area. But a case officer's re- port recommending the approval of the applica- tion, cites the exemption given in the Strategic Plan for the Environment and Planning which allows the PA to apply a "contextual approach" to heights in Urban Conservation areas. The development has been pro- posed by Equinox Ventures Limited, a company whose directors include architect Ray Demicoli, and is partly owned by his family's STL Limited. Demicoli, who was also the architect of the project, is also a member of the PA's Design Advisory Commit- tee, which is consulted by the au- thority on the design quality of large scale projects. The same company was given a permit in November 2013 to de- velop the open space between the St Julian's Church and the primary school, which will include a super- market, offices, and apartments which abut on the back garden of the townhouse. A year later Demicoli applied to enlarge the car park and the com- mercial development as a result of the inclusion of five properties along Triq Lapsi. This pending application also incorporates the back gardens of these properties. Also last year the same company submitted an application to demol- ish the façade of the other half of the concave building which also has a garden, but this application was later withdrawn. The building includes a main stair- case and two spiral staircases, which cannot be retained. In the past the PA had insisted on the preservation of such features to the extent that Charles Polidano was fined €14,000 for demolishing a similar staircase in a Sliema townhouse redevelopment. The extra two storeys will be built in a similar architectural style to the concave building. The additional set back floor above the concave floors will be built in a style which "ac- centuates" the concave shape of the building. Moreover the proposed devel- opment will exceed the maximum 30-metre development depth into the garden allowed by existing policies. But the case officer claims that this is justified because a next door development already exceeds the 30 metre limit and that the site is "hemmed at the back by the development" of the Spinola Park development. The extra floor over and above the local plan limit is being al- lowed to screen an existing blank wall created by an adjacent building, only to create another blank party wall on the other half of the concave building. But the case officer cites as justification future plans to build over the other building. The street is an example of haphaz- ard planning policies in the past, with higher buildings encroaching on the remaining townhouses. New policies on building heights now could pave the way for developers to build addi- tional storeys wherever a blank party wall creates a gap. A neighbour to the development has objected, lamenting loss of air, light and views but the PA replied that "protection of views" is not a planning consideration. Din l-Art Helwa has also objected, insist- ing that the building and its garden should be retained. New Gharb fireworks factory proposed JAMES DEBONO THE Environment and Resources Authority is objecting to yet an- other fireworks factory on agricul- tural land in Gharb, this time on 5,000 square metres of agricultural land along Triq San Dimitri. Just last Monday the Planning Authority approved another fire- works factory over an area of 4,700 square metres in ta' Ġeriska, on a nearby site closer to the Wied ir- Raghab valley, first proposed in 2009, rejected in 2012 and resur- rected last year after the approval of a new policy regulating fire- works factories. The policy allows new fireworks factories on dry ag- ricultural land. When consulted on the applica- tion for another factory on agricul- tural land, the PA's advisory com- mittee on agriculture declared that while "in principle" it is against the construction of fireworks factories on such land, it also noted that the new policy regulating fireworks factories allows such develop- ments. In view of this the committee has recommended the "imposition of a planning gain" to be used for the rehabilitation of agricultural land. Although the proposal is still in its initial stages farmers from the area have expressed concern about their safety. "Our memory is still scarred by the loss of life in two major fire- works accidents in the past… It is maddening that despite these accidents we are faced with the approval of a new factory and the proposal for yet another. Farmers are seriously considering leaving the land as we feel like we are sit- ting on a time bomb." ERA noted that the site is located at Ta' Lar- march, an area relatively free from physical development and charac- terised by sloping terraced fields. It also noted that the development would result in the proliferation and scattering of structures, the take up of rural land and the in- troduction of hard surfaces which are incompatible with the scenic qualities of the area. The ERA also asked the appli- cant to clarify whether the fire- works factory is being proposed for the production of fireworks for the village festa or for commercial purposes. In 2009 the PA had refused a permit for the construction of a 20m2 agricultural store in the area now earmarked for a fireworks factory. In December 2010 a consulta- tive referendum was held in Gharb in which 60% of voters expressed themselves against the granting of new permits for fireworks facto- ries. The referendum was called by the local council following a fire- works factory explosion that killed six persons. Rubble site to become a dwelling site Change of use: Agricultural land where fireworks factory may be built