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News • June 27 2004


44 bungalow units refused, 117 apartments get green light

Julian Manduca

The first proposal for development in the area that joins Santa Maria Estate and Tas-Sellum was originally rejected by the planning authorities, MaltaToday has learned.
The original proposal, made by developer George Fenech, was for a bungalow complex of 44 self catering units, swimming pools and surrounding landscaped areas, a proposal that would certainly have been acceptable to the residents of Santa Maria Estate who were also constrained to build bungalows.
The proposal was refused by the then notorious PAPB in February 1990 because the final approved Structure Plan for Malta had not been completed.
Fenech appealed, but after the Structure Plan was completed and passed into law, his plans were rejected in April 1993, by the Planning Authority’s Development Control Commission, on the grounds that the Hotels and Catering Establishments Board had objected to the proposal.
Fenech, however, did not lose heart, and a series of discussions were held with the Planning Authority in May, June and October 1993.
According to MEPA, “At these meetings it was agreed that a five star tourist development, on a smaller scale….would be acceptable on the site.”
It was suggested that the project be changed to a 5 star 174 bed hotel complex built in six blocks and to include a chapel and a pastoral centre, tennis courts and two swimming pools.
The Mellieha Local Council had shown concern about community facilities on the site “and that the Tas-Sellum area requires facilities such as children’s play areas.” It was agreed that the permit would be conditional to a church pastoral centre being built to the satisfaction of the Planning Authority and the Church authorities and that the facility be handed over to the Church before the complex was to be opened.
According to a report of the then Planning Authority, now MEPA, the Planning Directorate consulted the local residents of both neighbouring estates. But when MaltaToday was told by residents that they never been consulted, MEPA said: “As for any other development application there is a two week period whereby the public and residents are given the freedom to submit any objections to the proposed development application. Consultation meetings with the local council of Mellieha had taken place whereby a Community Planning gain for the area had been agreed upon.”
Over the past 15 years George Fenech submitted seven different applications for development on the site and none of them attracted public attention or even submissions from interested parties. Neither environment groups, nor residents ever lodged official objections to the proposed developments.
Fenech was given approval to build his hotel and in 1997 the application was renewed in 2000, but in the same year Fenech applied to construct: “apartments with underlying private car garages, retail outlets, fitness centre and a communal pool.”
The architect of the development is Edward Bencini, who also designed the Portomaso development. The approved development was proposed as 90 residential units, 50 tourism timeshare apartments, a community centre, a small scale commercial development, sports centre and a 245 car underground car park.
According to MEPA’s case officer’s report the planning parameters for development in the area, the footprint of the development should not exceed 40 percent of the total site area; the height of the buildings should not exceed 12 metres from any existing site level, and there should be no overlooking onto residential bungalows, among other conditions.
Residents were, however, upset to learn that the condition that there should be no overlooking onto residences was not included in the final permit and when MaltaToday contacted MEPA about that, it was told: “The recommended conditions in the case officers report are not necessary the official conditions that have to appear in the permit.”
During the assessment process part of the site was scheduled and therefore protected: “the site, underlying the promontory of tal-Kortin Heights, was scheduled as an Area of ecological Importance Level 2, and site of Archaeological Importance Class B because of a 19 Century entrenchment and a WW 11 Gun Emplacement.” The heritage items are not within the applicants site.
The final proposal envisages the construction of 13 blocks, with a varying footprint totalling a covered area of 6,472 square metres. There will be 117 units in all.
Because part of the site was scheduled - protected - the density of development on the site went up to 44 percent, which MEPA considered acceptable.
According to MEPA, the overall effect of the new development “is far more acceptable than the formation of 5 massive blocks approved in the outline application.”
Eventually the Mellieha Local Council objected to the idea of a community centre on site.
It was decided that: “the permit is subject to a financial contribution of an amount to be determined upon a fill development application in favour of MEPA, Lm8,000 of which shall be used for the embellishment of community facilities in the locality of Mellieha and the remainder for programmes identified within the Marfa Action Plan.” According to MEPA the amount represents a fair value in lieu of the community gain in the previous permit on site.

julian@newsworksltd.com

 

 

 

 

 





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