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8 maltatoday, WEDNESDAY, 23 NOVEMBER 2016 News PA regularises dwelling in Natura 2000 Fawwara site 1988 document authorising development on the grounds of Sir Basil Spence's modernist Dar Il- Ghar building invoked to justify legality of building despite absence of any building permits JAMES DEBONO THE Planning Authority has regularized a dwelling, a swim- ming pool and extensive paving in a Natura 2000 site at il-Faw- wara on the basis of a letter is- sued by the Ministry of Finance in 1988 authorising a develop- ment which was never approved through any subsequent plan- ning permit. The latest case officer report presented last month contends that "the extended building has completely engulfed the original core of the building, being five times larger" and has led to the "loss of a cliff edge" and "direct take up of land in a Natura 2000 site." But the Environment Planning Commission insisted that the le- gality of the dwelling was estab- lished in the 1988 document and is therefore compliant with poli- cies included in the Rural Policy Guidelines issued in 2014, which permit the extension or re-devel- opment of legal dwellings. The site is located on a series of terraces and overhanging cliff edge at il-Fawwara, forming part of the grounds of an exceptional modernist rural building known as Dar il-Ghar, once belonging to the architect Sir Basel Spence, which has been proposed for scheduling but has yet not been granted protection by the PA. The PA had issued an enforce- ment order against the devel- opment in the vicinity of Dar il-Ghar in 2007 and refused the application to sanction the al- leged illegalities in 2012. But sub- sequently the case was referred back to the Planning Authority by the Environment and Plan- ning Review Tribunal so it could be reassessed according to new policies. However the case offic- er still recommended its refusal, insisting that the construction of a highly visible 200 square metre building in a Natura 2000 site " runs counter to the spirit of the Strategic Plan for the Environ- ment and Development (SPED). The building, originally con- sisting of a single room of about 45 square metres was a studio and then extended illegally into a residence with a 214 square me- tre floor space. The proposal involved the con- version of the room built before 1967 into a two-storey dwelling. The building is set against the cliff edge. According to the case officer report the lower level was described as a basement in plans submitted to the Planning Au- thority. The case officer insisted that the development is not an exten- sion of Dar il-Ghar but an en- tirely new dwelling built illegally in a Natura 2000 Special Area of Conservation. "The development has resulted in direct land take-up within the Natura 2000 site via habitat clearing," the report said. The nature of the sensitive site had also been changed to accommo- date landscaping. But architect Robert Musume- ci submitted proof that in 1988 the Ministry of Finance had au- thorised Peter Frederick Ross to acquire the already constructed farmhouse and adjoining swim- ming pool, garage, gazebo and studio and other amenities in Dar il-Ghar, thus giving the resi- dence a "legal status." In this document Ross was instructed to develop the prop- erty into one complete residence ready for occupation in two years by amalgamating the "basement" with overlying parts of the dwell- ing. The architect also submitted documentation showing that no further additions were made af- ter 1990. The swimming pool was also authorised by the Wa- ter Services Corporation in 1988 though no planning permit had been issued. Front Harsien ODZ calls for national planning masterplan JEANELLE MIFSUD FRONT Harsien ODZ has reiter- ated its stance against land rec- lamation for real estate purposes, as well as its calls for a national masterplan. Front Harsien ODZ noted that the Paceville masterplan includ- ed development on reclaimed land, 50% of which is to go to residential units, with 44% ear- marked for hotels. Another 5% of the development would be office space. "In the specific case of Paceville, our opposition also relates to the fact that a marine protected area exists close to the site identified for land reclamation," it said. The front added that, in view of Malta's small size and the imme- diate proximity of localities, it is illogical to have a masterplan for one area and no masterplan for areas close to it. The group reiterated its call for a national masterplan that com- prises ecological, social, marine, economic, traffic and waste im- pact assessments, before devel- opment proposals such as the one in question are processed. "The national masterplan should be evidence-based and should have clear indicators on Malta's carrying capacity in relation to factors such as those mentioned above." Front Harsien ODZ also re- peated its call for full transpar- ency, including the publication of all submissions by developers to the government and the Planning Authority. Developers eye Hamrun townhouses JAMES DEBONO PLANS for the partial demolition of three characteristic Hamrun townhouses in the vicinity of San Gaetano parish church have been presented to the Planning Au- thority. The application foresees the demolition of existing properties "while retaining parts of the fa- çade", the construction of two lev- els of underground car park, and a basement floor dedicated to retail and four floors of offices. The application was presented by landowner Paul Borg, whose previous application for a similar development was twice turned down by the Planning Authority in 2009 and 2011. Robert Sarsero, who is also a member of the PA's Environment and Planning Review Tribunal – which hears appeals against PA decisions – is the project's archi- tect. Sarsero is replaced on the board whenever it hears a case in which he is involved as an archi- tect. The site earmarked for the new development is located in St Jo- seph High Road corner with Duke of Edinburgh Street. The build- ings proposed for complete demo- lition fronting Duke of Edinburgh Street consist of two separate dwellings: two-storey and three- storey traditional buildings, locat- ed within a residential area zoned by the local plan. The corner site façade which will have two new storeys imposed on it will be retained – it consists of a two-storey traditional building which includes a shop at ground floor and an overlying residential unit. Back in 2009 the Heritage Advi- sory Committee – the PA's inter- nal heritage watchdog – had in- sisted that all the old townhouses in the area have architectural features worthy of retention and therefore all three facades had to be retained. The application was rejected in 2010 because the proposed devel- opment, in terms of its floor area, was considered excessive and would have led to an overdevelop- ment of the site. Moreover the PA insisted that the townhouses in the area should be protected as a cluster: "a series of similar buildings incorporating important architectural elements which complement well with the streetscape". The application is still at a preliminary stage and the Planning Authority still has to is- sue a screening letter evaluating whether the proposal conforms to existing policies. Legalised: cliff edge building