An environment tribunal has turned down an appeal by the Mġarr council and approved a permit for a villa to be built metres away from the Unesco-protected Ta’ Ħaġrat temples.
The hotly contested permit, approved last September, met with objections from environmentalists and voluntary groups who were shocked at the proximity of the building to the protected temples.
Flimkien għal Ambjent Aħjar had filed a judicial protest against the permit.
However, the Environment and Planning Tribunal threw out the council’s request to revoke the permit, saying the planning commission, Superintendence of Cultural Heritage and applicants had taken all the necessary precautions to limit the development, “making it sensitive to the site’s archaeological importance”.
The permit, granted in September, was issued for the development of 867 square metres – mostly outside development zone – into a villa with adjacent gardens.
In 2008, Mepa had already refused a permit on the same land due to its proximity to the world heritage site.
Although Mepa’s case officer recommended the application for refusal, the decision was overturned after objections from the cultural heritage superintendence were withdrawn and revised drawings by the developers, including removing a swimming pool and the exclusion of any rock cutting in the area.
The council filed the appeal, objecting to the change of recommendation from the Superintendence, saying this decision “will effectively mean that a development will be closer than ever to a Unesco World Heritage site”.
This status is shared with only six megalithic sites – Ħaġar Qim, Tarxien, Skorba and the two temples in Ġgantija.
The council said the permit constituted “insensitivity” and “inappropriate development leading to further urbanisation” in an area that should be left open and undeveloped.
However, the authority argued the building was limited to the area within scheme and the two-storey height was lower than the allowed three floors and three-course basement.
“This not only means it is in line with the established planning policies but ensures the building will not affect the skyline as seen from the Ta’ Ħaġrat temples,” it said.
The décor was “acceptable” and respected the area of high scenic value.
Also, the site was partially committed as there was a building that dated before 1967. The area that was outside development would have a grove of olive trees.
The permit was issued after consultation with the Superintendence and a number of conditions were imposed, such as not allowing excavations and surveillance during construction, the authority said.
In its decision, the tribunal noted that the site was at the limits of an outside development zone area. The building would be within the development zone and would screen a nearby supporting structure.
“The building’s height, attention to detail and material will mitigate the structure’s visual impact from the view of the temples,” the tribunal said.
Ta’ Ħaġrat temples
The Ta’ Ħaġrat temples in Mġarr are recognised as a Unesco World Heritage Site, along with several other megalithic temples. They are among the most ancient religious sites in the world.
The larger Ta’ Ħaġrat temple dates from the Ġgantija phase (3,600-3,200 BCE); the smaller from the Saflieni phase (3,300-3,000 BCE).