The planning authority is seeking legal advice to see whether it can protect part of Villa Mekrech’s gardens on which a building permit was issued.

Mepa was asked to remove a protection order on the 19th century Għaxaq villa and its gardens so development can take place.

The gardens are technically split up in two parts: the formal part, that is the garden proper, and informal, which in the past was used as the vegetable and kitchen garden.

The planning authority came under harsh criticism last year after it approved a full development permit to build three blocks of flats, each two storeys high, in part of Villa Mekrech’s informal garden.

On Thursday, the Mepa board confirmed a decision that the formal gardens and the part of the informal gardens not covered by a development permit would retain its Grade 2, protected, status.

The board said it would seek legal advice before deciding on the request to remove protection on that part of the informal garden covered by the building permit.

The full permit for the construction of two-storey high, six residential units was granted in October 2012. In July 2013, the planning board decided that the entire property of Villa Mekrech’s gardens merited Grade 2 scheduling because the informal garden “was an integral part of the contextual value of this property”.

At Thursday’s hearing, the board also confirmed its decision that Palazzo Giannin and its surrounding gardens, also in Għaxaq, should be protected as a Grade 2 status.