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Owners do not have right for views from their properties - developers

File picture by Joseph Fsadni - mynews@timesofmalta.com

File picture by Joseph Fsadni - [email protected]

Updated - The Malta Developers Association (MDA)insisted today that the planning system cannot be expected to protect views enjoyed by property owners over third party properties.

The MDA issued a statement in reaction to the Environmental Planning Statement (EPS) submitted to Mepa on the proposed development of three adjacent sites in the Ta' Masrija area, limits of Mellieha.

"MDA agrees totally with the statement that the Planning System cannot be expected to protect views enjoyed by property owners over third-party properties. In fact the so-called right for views has never been a part of the rights of property in Malta and was never protected by any planning regime, including the current one prevailing in the country," the association said.

In this case, it said, the sites in question are within the development zone and therefore applications for development should be considered according to the parameters applicable to the site.

The rights of developers for development permits should not be subject to considerations of supply and demand in the property market

The MDA said property ownership does not include right for views over third-party property. Applications for permits for sites within development areas should be treated as such by MEPA and an inordinate time in processing relevant applications can never be justified.

"The rights of developers for development permits should not be subject to considerations of supply and demand in the property market as it is solely the developers concerned who decide to risk their own money in development projects. MEPA is not – and should not – assume the role of a regulator that interferes in the free market by imposing restrictions based on market considerations rather than on planning ones," it added.

COMMITTEE REACTS

Ta' Masrija Action Committee in a reaction to the MDA's statement, said that its  main objection for this development has nothing to do with the with the rights of the protection of views enjoyed by third parties. Proof of this was a petition sent to Mepa in 2007 in which almost 900 people voiced their concerns and objections for this kind of development, and the obstruction of views was not among the reasons cited.

There was no objection for development provided the same rules and conditions applied for all.

"The development being proposed both exceeds the proposed massing of the settlement and the building limitation for the area as outlined in the Planning policy for Ta' Masrija, Mellieha," the committee said.

"Section (iv) of the Planning policy for Ta' Masrija, Mellieha (approved by MEPA in January 2006) states that:

"... the height of the buildings within the areas allocated for development shall not exceed three floors plus six courses semi-basement above the level of any proposed route [...] bordering the perimeter of the individual block [...]

and

"... preferably, the overall massing of the project should not create over-sized monolithic building blocks but should be broken down into smaller volumes with landscaped terraces.

"Secondly the suggested open spaces located at the centre of the development proposal are solely intended by the developer(s) to argue for the Floor Area Ratio thus justifying the breach of height limitation policy for the area. Presenting this as a open space for the public is a fallacy. The general public will gain little to no benefit from these open areas.

"Besides exceeding the building height limitations to the proposed heights will significantly impact negatively on the environmental health of the existing neighbourhood. The proposed buildings will obstruct sunlight during different times of the day and will create shadowing over the existing residences.

"Another aspect of this project which was completely omitted by the developers is the social one. With a proposed development of hundreds of units, there will be a massive increase in population overnight, that can bring about sociological and infrastructural implications for the whole village. Indeed we are expecting the developers to address this aspect by conducting a detailed study of these various aspects."

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Emma Xerri

Feb 10th 2012, 04:26

I agree. This 'industry' has been the ruin of a nation. Once a valley is build over with flats, nothing will ever bring that valley back again. Add to this the ghastly tiny apartments, and there you have in a nutshell why foreigners do not consider Malta when chosing a second home, so the hundreds of empty properties will only end up to be giant white elephants, to join the rest of the herd.

A note to the building industry: ever thought of casting your sightes farther afield, (and I do not mean Gozo either) places like the EU or the Middle East?

david debattista

Feb 9th 2012, 16:35


This is not just about money THIS IS ABOUT YOUR GOD GIVEN RIGHT TO LIVE IN A NATURAL ENVIRONMENT AS GOD CREATED IT !
IT IS ABOUT EACH AND EVERY ONE OF US, OUR QUALITY OF LIFE .
FOR THE DEVELOPERS ........IT IS ABOUT THE SECURITY OF THEIR CAPITAL , THEIR MONEY. HOW TO MAINTAIN IT, HOW TO MAKE MORE OF IT. WITH REGARDS TO YOUR GOOD SELF AS I SAID ........I'M OK
F . . K YOU JACK ! We must fight for what is left irrespective if the courts or government is with us or not
TOGETHER with the right weapons we can salvage what is left AND STOP THESE LOCUST FROM DEVOURING EVERYTHING ! We should be ready to take to the streets when the time comes all of us. TAKE YOUR CHILDREN WITH YOU TOO, AFTER ALL THIS IS ABOUT THEM !

Pauline Thompson

Feb 9th 2012, 14:25

The island is ruined by the monstrosities that have been allowed to be built all over Malta - St Paul's Bay, Qawra, Bugiba, Tigne', Marsascala and so on. I can't believe that with so many vacant/unsold properties the authorities are still allowing developers to continue to ruin the island. My understanding is that MEPA stands for Malta Environment Planning Authority and just wandering where the Environment element of the island is being taking seriously by the Authorit/ies!

Peter Murray

Feb 9th 2012, 15:54

From what source did you get that figure Rod?As I am reliably informed by those involved in the property market that your estiamte of nearly 60K is very conservative!

Joanne Micallef

Feb 9th 2012, 14:42

Very well said Mr Tyrrel

Emma Xerri

Feb 10th 2012, 04:47

Couldn't have said it better.

Of course government is to blame for this. I have a friend from the Atlantic islands of the Azores. In order to preserve the pristine and lush environment of the islands, governments has made laws outlawing the building of new properties, the only permits issued are to repair and maintainennce of existing one and no high rises are allowed. These rules are stricty enforced. Of course this sounds a bit harsh, but then the population is not large (however, this notwithstanding, if it was Maltese owned, the Azores would still be a nearly deserteda concrete jungle cum car park).

Mike Abbot

Feb 9th 2012, 15:04

exactly (i presume you are being sarcastic) - and i'm sure they consider it a 'right' to charge for the view.

Emma Xerri

Feb 10th 2012, 04:53

"Free Market" in modern parlance means
de-regulated or unregulated markets.

It is the same theory of economics used to give us the global financial meltdown amongst others. But please note that once the s*** hits the fan, it is the self-same 'free marketers' that are first in line with their hands out for a publicly funded bailout.

O GALEA

Feb 9th 2012, 10:46

WELL SAID..... forget views... some people are being deprived of something more basic.... LIGHT !

Edward Galea

Feb 9th 2012, 11:05

very valid point Rodenas, however i think that when this happens i.e. they add floors its mostly the same owners of the house and not the so called developers. i have the same problem at the moment and hence we are trying to move out but some so called available property is already as you say without LIGHT. so i would not go from the frying pan into the fire if you know what i mean!!! i thnk Mepa should have looked at this when giving permits rather than jsut gain political votes....

Andrew Vassallo

Feb 9th 2012, 10:46

Ridiculous comment

Edward Galea

Feb 9th 2012, 10:53

Pace are you for real. where do you expect them to build on the sea?? maybe you should buy a boat and complain about the Maritime authority if you dont have enough common sense

James Borg

Feb 9th 2012, 13:13

Well a classical case in Gozo where some a block or two of apartments enjoyed unobstructed sea views for almost 30 years and in recent years one fine morning MEPA decided to give the green lights for the extension of a hotel just in front of them, blocking any form of view completely!

Mr Andrew Camilleri

Feb 9th 2012, 12:08

You are wrong Mr. Mallia. There is no guarantee, no matter how good your homework is, that MEPA will not change things round and allow building where it should not be. MEPA plays around with rules and regulations and changes Local Plans when it feels like and how it feels like. Many people have been cheated out of what they bought - a house in a two storied area is suddenly swamped by flats. How many times have we seen this happen? MEPA just cannot be trusted.

O GALEA

Feb 9th 2012, 10:34

basically what people are saying is that there are waaaay too many properties....
AND that they are too small for any kind of comfort and that developers are going for quantity and not quality !

We're on the same page Edward.

Emma Xerri

Feb 10th 2012, 05:06

I know exactly what you mean. I have had the very same experience. It seems most apartments are build with the objective to cram as much flats as possible into one building, neglecting to build a a truly livable environment for even 2 or 3 people. These apartments are mostly too small to be anything other then just a place to sleep and shower, in other words a glorified hotel room and certainly not a home.

In my opinion, this is one of the main reasons that there is so much property available and unsold. It does not meet people's expectations and requirements. In all honesty, from what I have seen, a lot of buildings need to be demolished and the architects need to go back to the drawing board (and yes, we also need better architects).

Emma Xerri

Feb 10th 2012, 05:19

No, let us raze Malta to the ground and plant some flowers and some trees. That is what I want :)

Mr Tony Gatt

Feb 9th 2012, 10:24

A friend of mine did just that.

Joseph Grech Attard

Feb 9th 2012, 10:20

Well said Alex. This, of course, can bring about corruption and bribing for building permits to be issued. Justice should be equal for all and governments should denounce such injustices and protect buyers under Consumers' Laws.

Jonathan Camilleri

Feb 9th 2012, 09:26

Indeed..

Mario P. Sciberras

Feb 9th 2012, 09:42

This self proclaimed defender of the faith, is now giving us an example of "hobb lil ghajrek etc...".
One of the commandments is about "la tigdibx". I do not believe that Francis's statement gives a true and fair view of the case in question. Different judges seem to agree with me.

Robert Henry Bugeja

Feb 9th 2012, 09:48

Which view are you talking about dear FRANCIS?...The chimney monstrosity at Delimara which was built as vengeance by the Fenech Adami administration against Mintoff in 1989, and which destroyed the value of the picturesque village of M'Xlokk for all time??? IS IT THAT VIEW?

W Cassar

Feb 9th 2012, 09:52

Since you want to bring up politics ...we can thank this administration for making Malta an eyesore !

Victor Laiviera

Feb 9th 2012, 09:55

.... on the other hand, the family of Dr Victor Scerri, former PN President, can never fear that the view from their villa can be obstructed seeing that it is plonked right in the middle of the Baħrija watercourse ....

http://www.timesofmalta.com/articles/view/20090814/local/ngos-insist-all-of-victor-scerris-bahrija-permits-should-have-been-revoked.269442

Francis Saliba M.D.

Feb 9th 2012, 11:13

@ Robert Henry Bugeja.

Of course that is the one! The fact remains that the Mintoff family was handsomely rewarded preferentially, because I do not know of anyone else who was similarly compensated not even by one euro. Do tell if you know of any other family that was so hugely accomodated and who still had the brazen cheek to sue for more.

Francis Saliba M.D.

Feb 9th 2012, 11:19

@ Victor Laiviera.

You are talkng nonsense. With the passage of time, valleys, watercourses and ODZ areas can always be later converted into built up areas. No family can ever be sure that the view from their residence will never be obstructed, but you have got to be a Mintoff before you can hope for any astronomical compensation from the public purse.

Francis Saliba M.D.

Feb 9th 2012, 13:48

@ Mario P Sciberras. (9 Feb at 09:42)

I do not perceive any charitable “hobb lil ghajrek” virtue in your brash insinuation that I am a liar. You do not make the slightest attempt to prove your vile insinuation by identifying the lie that I am supposed to have made and which I categorically deny.

What you “believe” is not acceptable to others as the authentic undisputed truth. Neither do I accept that there really exist some judges who “SEEM” to agree with you – not unless you identify these mysterious judges and not unless you disclose what it is that these judges agree with you.

Mr Tony Gatt

Feb 9th 2012, 09:25

Well said- greed seems to know no bounds in Malta, and the chickens, in this case will come home to roost but not in their flats!.

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