Issue link: https://maltatoday.uberflip.com/i/768342
7 maltatoday, SATURDAY, 31 DECEMBER 2016 News PA's friendly nudge guided developers on best way of winning permit for ODZ home When the PA informed developers they could not turn the ruins of a chicken farm into an old people's home, it went on to guide them to present a report proving a lack of alternatives to the need for the respite home to be built inside a 'strategic open gap' where no such development can take place JAMES DEBONO THE Planning Authority has blocked an attempt by developers to exploit a policy loophole that al- lows rural ruins to be reconstruct- ed, this time into an old people's home, outside development zones on Triq il-Gharghur in Naxxar. But the authority then guided the developers to exploit a differ- ent loophole in the Strategic Plan for the Environment and Develop- ment, foreseeing the building of old people's homes in ODZ areas when no "feasible alternative" ex- ists in an urban area. And as expected, it accepted studies showing that no such al- ternatives exist. Originally, the ground where the ruins earmarked for reconstruc- tion were those of a chicken farm whose demolition was ordered by the PA itself in 2000. The 4,758-square metre site along Triq il-Gharghur is now ear- marked for the development of a three-storey, 238-bed old people's home. The area is designated by the lo- cal plan as a "strategic open gap" where "any urban development" is not allowed, "except for essential small scale utility infrastructure". The home for the elderly is pro- posed by Katari Holdings, owned by Paul Attard, one of the three shareholders of GAP Holdings, the developers of Fort Cambridge in Tigné. Rural ruins loophole The old chicken farm was pulled down after in 2000, the PA issued a permit to Zackary Calleja for the extension of a chicken farm in Maghtab on condition that the Naxxar farm is closed down completely and that the build- ing is "pulled down, and the site is cleared" before the new farm is brought into operation. The PA had also turned down an application by Calleja to turn the land into residential units. Now, in March 2016, Katari Holdings attempted to get the PA's green light for the elderly home by citing the new Rural Pol- icy and Design Guidance, which allows the rebuilding of the ruins of older structures if the replace- ment building occupies the same footprint. But in April, the PA informed them in a screening letter that the proposal was not feasible since the chicken farm had indeed been demolished by the PA's own terms in the 2000 permit granted to Calleja for his Maghtab farm. However, the PA also nudged the developers into considering that they did have a chance for the new building by consulting the SPED policy TO 2.1, which guides the location of social and commu- nity facilities. Katari followed suit: instead of asking for the "redevelopment of 1978 building into an old people's home" they requested to "demol- ish pre-1978 existing building and to construct a facility for the care of the elderly and nursing home (Class 2A) on disturbed land, ac- cording to SPED policy TO 2.1". And that policy allows them to build an old people's homes inside a rural area if "no feasible alterna- tives" exist in the urban area. Feasible alternatives study Naxxar is already home to two institutions of the elderly: one run by the Jesuit Order in Triq il-Markiz Scicluna, and the other privately-run by AX Holdings at Hilltop Gardens. In its screening letter, the PA asked Katari Holdings for a site- selection study that would "pro- vide evidence that no other feasi- ble alternatives exist in the urban area." And in July, PA executive chair- person Johann Buttigieg decreed that, after having seen the com- pleted study, "on the basis of the information provided no alterna- tive exists within the urban area for the location of the home for the elderly." So Buttigieg instructed Katari to proceed to the second stage of the site selection study by consid- ering ODZ sites, giving a priority to already developed sites, and re- stricted to the areas of Gharghur, Iklin, Naxxar, Pembroke, San Gwann and Swieqi. The study identified two vacant sites inside the developable urban area, namely undeveloped fields inside Naxxar. But these two sites were excluded on the basis of a fi- nancial feasibility analysis. Then, the next feasible alterna- tive – this time outside develop- ment zones – yielded a site in Maghtab, but this was excluded as it was deemed unsuitable due to its rural location, distance from the nearest urban area, and acces- sibility issues. So the Naxxar site originally ear- marked by Katari came back into play after project development statement described the land as "disturbed" with no flora or fauna species of particular ecological importance. The PDS however al- so noted that the open area, which runs alongside the motorway link- ing Naxxar to Salini, provided "a number of environmental, so- cial and cultural benefits arising from their 'naturalness', and the Scheme will result in the loss of these aspects". The Environment and Resources Authority has objected to the de- velopment. The 1947 electoral register was submitted as the defini- tive proof that a building abandoned 38 years ago, was once used as a residence. Roofless and long-abandoned countryside ruins can be transformed into villas – thanks to the controversial Rural Policy in Design Guidelines ap- proved in 2014. All that an owner has to do is prove that the structures had served as a dwelling in the past. Moreo- ver, according to the policy, any building constructed be- fore 1978 is considered as legal. Therefore any ruin of such buildings may now be reconstructed. Villa in leafy Palma, Mgarr A 200 square metre villa approved in the leafy Palma area of Mgarr on the pretext of a contract inked back in 1915. The lease contract signed 100 years ago refers to someone living in "five rooms" in the Palma area, and thanks to the controversial Rural Policy in Design Guidelines, will allow the derelict countryside ruins to be transformed into the villa. A 112 square metre paved area will also surround the residence. Gzira promenade lido A 2,200 sq.m lido along the promenade of Triq ix-Xatt in Gzira, which will include land reclamation, will also involve the development and construction of an outdoor swimming pool, a sundeck area, two restaurants, changing rooms and toilet facilities and a recreational play area for public use. Access to the coastline will be limited to a two- metre passage passing along the perimeter of the devel- opment. During the meeting ERA chairman Victor Axiak had warned that the project would create a precedent for similar developments. In November new plans were pre- sented for a similar development on reclaimed land op- posite the Black Gold Restaurant. Sliema six-storey pencil development on top of 19th century townhouse The development, on the corner between the Sliema strand and St Vincent Street, was recommended for re- fusal by the Planning Authority case officer, the Sanitary Officer and the PA Cultural Heritage Officer. The main reason for the recommendation for refusal was Malta's sanitary law which has always sought to limit the height of buildings in narrow streets in order to ensure minimal standards of light and air to surrounding homes. Five-storey block in Lija's villa area 27 apartments in a five-storey apartment block in a quiet area currently characterised by low-lying villas in Lija. The proposed block is in the heart of a residential Lija street bordering Balzan, characterised by lines of uniform ter- raced houses and opposite a designated villa and bungalow area, with no existing buildings higher than two storeys. 12-storey Xemxija block A huge 12 storey high 103-apartment block on Xemxija Hill instead of an old townhouse. The case officer claimed that the 12-storey building respects the four-floor height limitation of the area because of the terraced nature of the development and the different street levels. The develop- ment completes a process commenced in the 1990s, which has irremediably changed Xemxija into a hotchpotch of apartment blocks.