Demolition near Lija Belvedere starts

The developers behind the apartment block which neighbours the landmark Lija Belvedere started demolition works on their site despite the fact that the Malta Environment and Planning Authority scheduled the area last month, hoping to block the controversial project.

The architect responsible for the project, Robert Musumeci insists that his clients have a right to go ahead with the development given that they have a permit and no discontinuance order was issued.

The entire length of the main avenue in the town's centre and the neighbouring Villa Gourgion were listed in June in a move which, Mepa hoped, would block the development, located less than 20 metres from the Belvedere.

Asked yesterday for the authority's position on the matter, Mepa chairman Austin Walker acknowledged that the developers could act on their permit, which was issued amid a storm of controversy last year.

He also pointed out, however, that the board would be deciding on how to revoke the permit at the next hearing, which is scheduled for next Thursday.

"We will be deciding whether to revoke the permit through article 45 or article 46 (of the Development Planning Act) but I cannot comment further on this," he said.

The decision to proceed with one article as opposed to the other could make all the difference as the law clearly stipulates that when a permit is revoked through Article 45, the developers will be entitled to compensation, which in this case can run unto hundreds of thousands of euros.

Article 46, on the other hand, deals with conservation orders which are usually issued to conserve properties of some heritage value, which is not the case of the villa which has been developed.

When contacted yesterday, Mr Musumeci said that the scheduling of the street limiting the area to two floors (despite the Local Plan stating otherwise) is already in force which means that there is no scope for discussing conservation orders in terms of article 46 at this late stage.

"The building per se is a typical masonry and concrete structure with no remains of geological, palaeontological, cultural, archaeological, architectural, historical, antiquarian or artistic importance, or ecological or scientific value, and which merits its own conservation, he said."

The discussion, he insisted, should be limited solely to Article 45, which will mean that a discontinuance order will be issued.

"In other words, the Mepa board has to decide whether works should resume since the permit preceded the scheduling or otherwise works should be halted as soon as a discontinuance order is issued."

The architect would not comment further on the matter yesterday. However, he had said last July that his clients would be seeking compensation.

The project - a block of eight flats and a penthouse on four floors, complete with underlying garages - would replace a villa and its garden which have now been pulled down.

Asked for an estimate of what his clients would deem to be fair compensation, he had said: "I cannot give you a figure because I haven't done the costing, but we're talking big money."

Essentially the developers are expected to ask to be compensated for the revenue they would have netted had they gone ahead with the project, which was set in one of Malta's more upmarket residential areas. Residents and Lija council, led by the mayor Ian Castaldi Paris had objected strongly to the development, presenting a petition signed by 143 people.

When the permit was issued last September, the authority was of an altogether different mindset. While noting the arguments against the project and the effect the development would have on the Belvedere, Mepa's case officer still recommended its approval.