Appeal against Windsor Terrace permits upheld - FAA welcomes landmark decisions
Windsor Terrace, Sliema, has been saved from excessive development.
The environment NGO Flimkien Ghal Ambjent Ahjar (FAA) has welcomed a decision by the MEPA Appeal Tribunal against a permit issued in Windsor Terrace, Sliema.
It was found that the permit granted to build a five-storey block of flats in this area violated the Local Plan limitation of two storeys. The project had already obtained a full development permit, which is normally considered irreversible unless fraud is proven. In this case the MEPA Appeals Tribunal reversed the permit due to the drastic detrimental effect on the streetscape, which was highlighted by FAA.
The NGO had instituted the appeal.
FAA also welcomed two recent decisions by Mepa.
The first was its refusal of a permit for the building of flats which were permitted by the Local Plan but violated the streetscape of a Xemxija street lined by two-storey houses.
The second was the refusal of a permit for 59 apartments and 74 garages behind the protected building and gardens of Villino Chapelle in St. Paul’s Bay. Although recommended for approval by the MEPA Major Projects Unit, the development was declared by the MEPA Board to be too cumbersome and intensive, resulting in unsustainable over-development of this scheduled site.
"The decision on Villino Chapelle is of great significance in that for the first time Mepa had taken into account the impact of over-development," FAA said.
The NGO said it hoped that Mepa would similarly refuse the appeal to build a 5-storey block of flats in the buffer zone behind Villa Bologna (Attard), a Grade 1 scheduled site.
"The proposed development will have a very damaging effect on Villa Bologna’s potential to fund its restoration through its role as a film set and its plans to open the Villa and gardens to the public as a showcase of Malta's national heritage."
"In addition to preventing new development from impacting historic buildings, MEPA needs to fulfil its duty as a heritage watchdog, ensuring that owners of scheduled properties carry out at least basic maintenance. This is especially true where these properties are owned by developers hoping that their neglect will result in the building collapsing," the NGO said.
"While Mepa has not been given the funds to carry out this duty, buildings like Villa Guardamangia, the Queen’s former residence, Villa Drago in Sliema, Australia Hall in Pembroke and Casino Notabile at Rabat are in an advanced state of deterioration. The latter Government property had been restored but is once again in a perilous state.
"It is hoped that Mepa’s new commitment in favour of the holistic preservation of heritage buildings in their surroundings will be maintained and backed up by Government support in the form of tax incentives or assistance in maintenance and restoration works, in order to lessen the burden that owners of scheduled properties carry in preserving such buildings for the nation’s heritage."
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Joseph V. Grech
Feb 16th 2011, 18:03
Well done, firstly to the relevant Planning Appeals Board which upheld the objection to this silly permit. Also FAA and other NGOs which really have the good of the environment at heart should be congratulated for this result and encouraged to continue their good work. Too much environmental harm has been caused during the last 20 years or so. Looks like this administration is really becoming concerned....about time too, in my honest opinion! It will be pointless for hard-working P.S. Mario deMarco to try to bring tourists to Malta if we continue hacking remorselessly at ''pristine'' Malta - if that really exists nowadays. We all need to close ranks...and say NO to building speculation.
Joe Hollier
Feb 16th 2011, 17:26
I agree with you, Mr. Dempster. All the developer has to do is wait a couple or more years and then back to square one.
Adrian D'Agata
Feb 16th 2011, 15:24
The FAA IS A FORCE TO RECKON WITH. I'M GLAD THAT COMMON SENSE PREVAILED IN THIS INSTANCE.
BEING IN MALTA CONTINUE TO MONITOR THIS ISSUE LEST DEVELOPER TRIES A FAST ONE AND RESURRECTS ISSUE WITH SOME MINOR ALTERATIONS ON ORIGINAL DEVELOPMENT .
PROCIT.
Jasper de Trafford
Feb 16th 2011, 14:44
This is very good news, it looks like the authorities are finally taking the issue of protecting Malta's heritage seriously. I hope we also have a positive decision on the Villa Bologna case. The developer is still trying to build blocks of 5 storey flats in a buffer zone designed to protect what MEPA itself has classified as a Grade 1 Listed National Monument.
MBorg
Feb 16th 2011, 13:33
If the permit for these houses was issued and " considered irreversible unless fraud is proven " it was wrong of MEPA to reverse it.
It is very unfair on the owners and developers. It is very easy for people to ask for permits to be stopped when they are not the owners. Sliema is full of old houses however we must not call all of them " heritage buildings " . Many are not even fit to live in.
Astrid Vella
Feb 16th 2011, 14:55
Fraud is not the only form of planning abuse. Can permits which are issued in a highly irregular way, in violation of the two-storey height limitation established by both the draft Local Plan and the final Local Plan ratified by Parliament in 2006, be considered ethical? Especially in the light of the fact that others down the street had been refused such a permit all the way to appeal?
No one is stopping owners of old houses all over the island from restoring them or selling them - there is a very high demand for houses of character which very often get sold even before they are advertised.
While we are all for assistance for those restoring heritage properties - students of restoration could even be assigned to work on scheduled sites - we cannot endorse the wholesale gutting of Malta's Urban Conservation Areas in order to add more empty flats to Malta's present total of 76,000 vacant properties.
George Debono
Feb 16th 2011, 12:19
One may or may not agree with this reversal but I urge developers who have had permits refused when the MEPA directorate itself recommends approval to go to court and sue both MEPA and FAA for damages. As it is, if one has a right for a permit according to existing planning policies not granted then that is a subjective abuse if power by MEPA. If someone sues MEPA for damages they won't even be able to pay salaries !
Astrid Vella
Feb 16th 2011, 13:54
Suing FAA or, indeed anyone else instituting an appeal case is counter-productive since these parties are simply using a tool envisaged by the law, and no more. It is not FAA, nor indeed MEPA who took this decision as the Planning Appeals Tribunal is independent of MEPA and falls under the President's Office.
You have hit the nail on the head when you said "if one has a right for a permit according to existing planning policies". The Local Plan for this street imposes a hight limitation of two floors, so how could MEPA issue a permit for 5 floors, especially when others down the street had been refused such a permit all the way to appeal? Another example of two weights and two measures which we hope will no longer be case in the reformed MEPA.
Adrian Borg Cardona
Feb 16th 2011, 11:44
Thank you FAA for once again saving the Maltese environment. It is thanks to FAA which researches, studies and acts on applications like these that we are seeing reasonable decisions unlike in the past. So much for those critics who did their best to try and paint FAA as some political movement and especially those who conducted a war on Astrid Vella personally. What did those critics do to save the Maltese environment? Absolutely nothing.
H Dempster
Feb 16th 2011, 11:23
I suggest to FAA no to jump with glee to the decision, because I am sure that in a few months time ( closer to election day) the permits would be reversed. That what happened in the last elections.
Peter Murray
Feb 16th 2011, 10:50
Whilst this decision by MEPA is most welcome certain worrying aspects remain as to why Full Development Permission was granted in the the first instance given the violations breached in the Development Planning Application as corroborated by the Appeals Board.,and why did we have to wait until now to acknowledge the negative impact that over-development has on the environment?Also this is a benchmark ,prededent decision as it now throws out the notion that such Full Development permission once approved is somehow deemed to be "irreversible".Let's hope this decsion by MEPA is not a one-off and that this is the catalyst for more appropriate and accountable decisons on development applications and proposals.
Peter Gingell
Feb 16th 2011, 10:03
Just a point of clarification further to FAA's statement that "The decision on Villino Chapelle is of great significance in that for the first time Mepa had taken into account the impact of over-development,". This is not the first decision whereby the MEPA Board has refused to grant a planning permit for overdevelopment. To name a few, in the past months, Mepa convincingly gave the same reasoning for the construction of 164 residential units at the former 7 Up factory in Santa Venera, the development of terraced houses in Balzan Village core and the construction of eight apartments and penthouse in Xemxija.
David Zammit
Feb 16th 2011, 10:00
Whilst congratulating all MEPA members who were involved in preserving what is left of Malta's free space , could somebody confirm if VILLA ROSA Gardens in St Georges bay has really been sold with the intention of developing these protected gardens? Word is being mentioned that buildings will be erected in the gardens.
Nella Bencini
Feb 16th 2011, 09:46
That IS good news actually. Perhaps I ought to go and live on this street!! In 4 yrs since i have been living on Graham Street, we have had 7 such beautiful houses turn into apts, most of which are empty !! In such a short time, we have not had 1 as in ONE peaceful month, although the neighbours assure me, I am pretty lucky as they have not had a break for the last 24 yrs... Terrible.
J. Borg
Feb 16th 2011, 09:38
just thinking what our "authorities" would be up to if the likes of FAA and other REAL environmental organisations were no constituted by dedicated individuals who spend their free time (and more) to thanklessly protect our heritage....
Moreover they do not receive any pay-cheque for their zeal in 'guiding' the authorities to live up to their responsibilities/duties, on the contrary - they are targeted and threatened by those who have vested interests in the site or/and the political self-defeating field.
C. Farrugia
Feb 16th 2011, 09:15
This is all good news from MEPA -- besides other things, with all the empty habitations available why continue to build more and ruin the environment and the market. Hope that this situation at MEPA survives the present Chairman Mr Walker, who seems is doing a fine thing in contolling the ruining of the envoronment. This only proves that whatever authority one invents the power is still with the government of the day, in this case by the appointment of a fine Chairman.
Simon Alden
Feb 16th 2011, 09:09
What a relief! Hopefully the rest of Sliema can be similarly preserved before it ends up as a complete mess of ugly apartments with no aesthetic value whatsoever. Maybe common sense is finally prevailing?
adrian gatt
Feb 16th 2011, 09:05
The SRA is elated to hear such news and whole heartedly thanks FAA for their continuous efforts. SRA also has words of praise for MEPA who finally are seeing and examining the real impacts of overdevelopment and taking positive measures.
Great news for all!!