Belmont Company Limited, the owner of the Grand Hotel, has insisted that its hotel extension did not encroach on the belvedere at Ghajnsielem, as claimed by the NGO Flimkien ghal Ambjent Ahjar (FAA) last week.
In a statement over the signature of Dr Jean Paul Grech, the company said FAA had made serious allegations by misrepresenting facts aimed at putting the owners/representatives of the Grand Hotel in bad light.
"These allegations have turned out to be completely incorrect. Indeed last Monday the owners were presented with a copy of the report of the "independent expert‟ commissioned, which report was aimed at determining whether this alleged encroachment actually took place. The findings do not uphold the arguments being put forward by FAA," the company said.
"Whilst expressing reservations on the impartiality of the report since neither the owners of the Grand Hotel, nor their professional representatives were informed or called to attend during the site inspection, on the basis of which recommendations and conclusions are brought forward, the same owners highlight the following findings or conclusions in the report:
"1. that as early as November 2007, prior to any excavation works on site, the owners' architect 'informed Government Property Division of imminent commencement of excavation near boundary line',
"2. in December 2007 the Lands Department officially set out the dividing line between the two properties.
"3. The independent expert concludes that 'the boundary wall alignment was respected', and further reconfirms 'inspection of 18.12.2010 (by Government Property Department Officials) confirms that reconstructed boundary wall is built on the same alignment of the boundary line'.
"It is interesting to note that periodical site inspections were carried out by Lands Department officials to safeguard public property and to ensure that the dividing property line was being respected. These inspections were carried out throughout the entire excavation and construction phases and in view of insistent and strident objections by a third party. These site inspections were substantiated with professional surveys.
"During a site inspection related to the independent inquiry, members of FAA and their architect were not only putting forward their submissions but were also taking measurements in an attempt to establish the alleged encroachment and this is even documented by photographic evidence.
"The independent expert report reveals the findings emerging from on-site meeting and inspections, and quoting - 'From measurements taken on site it is evident that the 23cm thick concrete hollow block party wall between the belvedere and the adjacent site (Grand Hotel) has been constructed on the dividing line between the two properties. This was confirmed in measurements of the total length of the belvedere taken on 4.11.2010 by the undersigned (independent expert) as well as measurements and site alignments taken on the 18.11.2010. This conclusion was confirmed by the FAA professional consultant and Government Property Division architect present on site'"
The company added that: "It has transpired that a particular individual who has been making these allegations is the owner of an apartment in Triq Hamri which has been directly affected by the hotel extension who acquired the same apartment when the hotel extension had already been approved. The Grand Hotel site is located in its entirety within the development boundaries.
"The independent expert concluded – 'Hence, it is evident that allegations that the upper part of the boundary wall, which therefore is visible from the street, encroached onto public property as claimed by resident of Hamri street are unfounded given that the findings on site indicate that this wall has been constructed on the boundary line'.
"Instead of providing technical evidence to substantiate its allegations, FAA opted to submit photographs of the blocks serving solely and exclusively as reinforcement of the belvedere describing them as 'foundations of the Grand Hotel' rather than as 'foundations of the belvedere'. Furthermore FAA stated that the belvedere is used as builder's yard when there were no building materials on that particular site.
"As shown in the attached photograph, FAA were surely in a position to submit photographs which correctly showed the existing situation to readers, instead they opted to exhibit photographs illustrating the situation existing long ago that is before the structurally reinstatement of the belvedere took place.
"It is to be noted that only a small section of the belvedere is closed off, and this solely in view of the provisions of Health & Safety regulations which all construction sites are obliged to abide to. FAA personnel made their way on to the cordoned off safety area by jumping above the safety hoarding. This type of behaviour is not only insulting to the whole tourism industry, especially in Gozo, but exposes FAA to charges of libellous and slanderous behaviour which renders them liable in damages towards the owners / professional representatives of the Grand Hotel – against whom they also levelled unfounded and highly defamatory statements."
The owners said they reserved their right to take all appropriate action against FAA.