House owner resists demolition plan
The owner of this old house in Mosta is protesting plans by Transport Malta to demolish the house to realign the road opposite. Photo: Darrin Zammit Lupi
The owner of a 150-year-old town house in Mosta has asked the courts to stop the planning authority and Transport Malta from “illegally” and “abusively” demolishing his property to realign the road.
Michael John Darmanin, who works in Austria, filed a judicial protest arguing that the sole reason behind the demolition seemed to be an illegal strategy by a third person who wanted to increase the value of his property.
On July 5, Mr Darmanin received a notification from the planning authority informing him that Transport Malta had filed an application to demolish his house to realign the road, the protest said.
Three weeks later, he was informed by a neighbour about a site notice and he immediately sent a formal letter to the planning authority strongly objecting to the application.
He described the authorities’ actions as illegal and abusive because no expropriation notice was issued by the Land Department.
Also, Mr Darmanin said he was never informed that his house was going to be expropriated and the notice never appeared in the Government Gazette, as required by law.
The planning authority, Transport Malta and the Land Director were only allowed to act in the public interest and not abuse their power to “accommodate” third parties, he said.
He pointed out there was no need to realign the road and said that investigations he conducted revealed that his house would be demolished to accommodate a third party.
By knocking down his property, the value of a property owned by a third party would increase “considerably” because it would look directly onto the road, he said.
Mr Darmanin pointed out that it was very strange that the planning authority would allow a 150-old house with characteristic Maltese architecture to be demolished when it barely allowed 60- and 70-year-old houses to be touched, let alone demolished.
He said he bought his house in 1992 and would need it when he returned for good, especially since his 78-year-old mother suffered from Paget Disease, a chronic condition that left her immobile and in a wheelchair.
He called on the authorities to change their plans immediately and warned that he would hold them responsible for any damages.
Lawyer Kenneth Grima and Legal Procurator Sacha Guillaumier signed the judicial protest, which was also filed against the Director of Land.
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Andrew Hili
Sep 10th 2010, 03:27
What's more are we to hear now???
Everyday we are learning of more obscenities coming from MEPA/ADT/etc..., but this is the creme de la creme!!!
Shameful to say the least!
JPace
Sep 9th 2010, 14:39
skuzawni naqra - kif jista xi hadd jiddeciedi li jwaqqa d-dar tieghi? Taht liema raguni valida?
V Mifsud
Sep 10th 2010, 01:40
J Pace sa fejn naf jin sfortunatament l gvern jista jamila, basta jsiblek dar ohra.
Ma nistax nifem ghala f daqqa wahda jridu jwaqqawa! Karozzi tal- linja u anke coaches jghaddu minn hemm bla problemi.
Angus Mac Kinnon
Sep 9th 2010, 12:59
Certainly sounds like Mr Darmanin has a strong case and it is hoped he is successful in defeating this heavy-handed sounding administrative bureaucracy.
However, I was a little alarmed to read O. Galea's comment concerning the old Belmont Hotel .... ! I stayed at the Belmont for a couple of months in 1968, when involved in the construction of a Desalination Plant at the Marsa 'B' Power Station but, more importantly, it was there at the Belmont that I met there the wonderful girl who was to become my wife four years later. She was the Housekeeper and we have now been married for almost 39 years with five children and four grandchildren of whom we are very proud and happy. All traces back to the Belmont - please don't knock it down ! Last time we were over there were workers engaged on the building - looked as though it was being converted to flats. Anyone know any more? Or what happened to the Zammit family who owned it? Agree though that the road arrangement immediately outside is a driving hazard.
Good luck Mr Darmanin !
Astrid Vella
Sep 9th 2010, 12:11
This constitutes a very dangerous precedent. If we are now to start demolishing buildings on every winding street in Malta and Gozo's village cores, we will soon be left with no Urban Conservation Areas (UCAs), and no old houses at all.
It is true that this would please certain people no end, and this case perfectly highlights the reason why the developers' section of the GRTU objected so strongly to the system of informing residents of planning applications by registered mail. This would allow overseas owners to be informed. As the GRTU would like it, how can we expect overseas investors to invest in property in Malta when a two-week absence from the Island can leave their property vulnerable to demolition?
Old houses in village cores are supposedly very heavily protected by MEPA's UCA regulations which do not mention exceptions for road widening, however as we know, in Malta, everything is possible.
o. galea
Sep 9th 2010, 10:25
this is appalling !!!! This whole issue makes me sick to the stomach.
Good luck Mr. Darmanin.
If this property goes down then the (empty) Belmont Hotel in Mrabat Street should go down too !!!!
It there was ever a road that needs "re aligning' it's that.