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Karl Schembri
Cultural Heritage Superintendent Anthony Pace inspected the swimming pool being built at the Mdina residence of Richard Cachia Caruana for the first time last Monday after the MaltaToday story and more than a year since MEPA granted a development permit on the “Class A site of archaeological importance.” He inspected the site after receiving a letter on Monday 6 from Cachia Caruana’s architect dated the 3 September asking him to monitor the ongoing works..
Speaking to MaltaToday, Pace said he found “everything in order” at the residence of Malta’s Permanent Representative to the EU and that the pool was being built “above soil surface.”
Last week MaltaToday published exclusive aerial photographs of the site at Mdina referring to the soil removal as excavations. The photographs did not indicate excavations involving rock cutting or digging for foundations.
“Some topsoil was removed to lay a concrete platform for the pool, but no excavations were carried out,” Pace said, corroborating Cachia Caruana’s declaration to MaltaToday that the pool “was not dug up but built up,” although it is still under construction.
Asked about aerial photos suggesting that there were excavations on site, Pace said an amount of topsoil was removed to make place for the platform but no archaeological deposits were unearthed in the process.
Pace was only notified last Monday about the ongoing development at the ancient city of Mdina after it made headlines in the last weeks.
Superintendence officials had inspected the site at 2, Triq Santu Rokku, in April last year, three months before the permit was issued, but the authority entrusted with the preservation of national heritage was never notified that works had begun.
“On Monday morning I received a call from Martin Xuereb (Cachia Caruana’s architect) informing me that he had sent me a letter asking me to inspect the site,” Pace said. “In fact I had just received it, dated Friday 3 September.”
The superintendent said that he sent a report about his findings to Culture Minister Francis Zammit Dimech following his inspection.
Asked how he could be sure that no excavations were carried on site since the permit was issued last year, Pace said he would have easily identified any excavations should any have been carried out.
Pace pointed at MEPA’s responsibility in applying its own policies, which differed from his remit.
In fact, the case put into question MEPA’s broad classification of archaeological sites when it still treats development on these sites on an ad-hoc basis, with case officers reaching contrasting conclusions about applications in the same area.
On 16 October, 1998, the site was listed on the Government Gazette as being of ‘Class A’ within the Rabat/Mdina Area of Archaeological Importance, 10 days after Cachia Caruana’s original application to demolish part of his Mdina residence and construct three flatlets in what is considered an “Urban Conservation Area.”
In its Structure Plan, MEPA holds that Mdina has “concentrations of valuable archaeological sites” and that “no development (is) to be allowed which would adversely affect the natural settings of these monuments or sites.”
While MEPA’s Heritage Advisory Committee had, following a site inspection, “found no objection to the (swimming pool) proposal from a heritage point of view,” MEPA’s Environmental Management Unit reached the opposite conclusion.
“Mdina is an Area of Archaeological Importance, and every effort should be made to preserve the urban archaeology of the ancient city of Melite,” the unit had replied. “A swimming pool is not necessary for the conservation of Mdina, and as it would definitely impact negatively on the archaeology, this proposal is strongly not recommended.”
Referring to the previous development application in the residence next door to which Pace had expressed his concern regarding the “many metres of archaeological deposits (which) may be encountered with below the present street level,” Zammit had stated that “the proposed excavation of a swimming pool cannot be favourably considered especially since this will involve excavation at a much greater depth than simply for building foundations.”
In the case of the original development at 1 and 2, Triq Santu Rokku, submitted under the name of Tonio Ellul (Cachia Caruana’s brother-in-law and former lawyer with KPMG) in 1998, Pace’s department had noted that while it had no objection to the granting of the permit on condition that a “medieval” room there would be properly preserved, there was also “a high possibility of important archaeological remains being located underneath the proposed development,” where “many metres of archaeological deposits may be encountered below the present street levels.”
But Pace explained that in view of guarantees from Cachia Caruana’s architect regarding the 1998 application (that no excavations would be carried out, and that platform-foundations requiring minimal digging would replace designs for conventional foundations) as well as the application regarding the swimming pool, he felt there was no reason to object to the development.
In her report, concluded a month before the superintendence’s inspection last year, Zammit notes that Pace had not replied to MEPA within the consultation time limit when asked for his opinion about the development.
The Mdina Rehabilitation Committee, of which Cachia Caruana is a member, had replied that it had no objection to the development on the grounds that the site had already been ‘disturbed.’
“This is not the first time that an application for a swimming pool was made at Mdina,” Committee Secretary Ray Bondin who was incorrectly referred to last week as the Chairman of the Mdina Rehabilitation Committee told MaltaToday. “In this case in particular, our office had no objection as the pool was very low and almost above the original level.
“The garden where the pool was being placed had already been ‘disturbed,’ that is the ground had in the past already been moved to make way for the garden. When such ground is disturbed there is very little hope of archaeological remains. We also understand that MEPA had some conditions to safeguard this situation.”
MEPA ended up granting a permit for the construction of the swimming pool against the case officer’s recommendation for refusal.
“The area where the proposed swimming pool will be located is graded as a Class A of Archaeological importance, meaning that any excavation works are strongly discouraged,” Case Officer Caroline Zammit reported.
October 1998: Cachia Caruana applies to MEPA to carry out “alterations to existing dwellings and additions in order to create another dwelling” at 1 and 2, Triq Santu Rokku, Mdina. Officially, the applicant is his brother-in-law, Tonio Ellul, and the architect is Martin Xuereb
October 1998: The site is listed as being of ‘Class A’ within the Rabat/Mdina Area of Archaeological Importance on the Government Gazette, 10 days after Cachia Caruana’s application
December 1998: Museums Department official inspects the property. Informs MEPA that a “medieval” room had to be protected as it dated to the 16 Century or earlier, and that there was “a high possibility of important archaeological remains being located underneath the proposed development.” Insists that concrete foundation-platform have to be erected instead of laying new foundations
March 1999: MEPA Case Officer Joseph Azzopardi says the development is acceptable as long as any excavation and restoration works are monitored and approved by the Museums Department (now known as the Cultural Heritage Superintendence), and that the old part of the building is preserved
April 1999: Cachia Caruana is granted a permit to carry out alterations and construction works
October 1999: Museums Department inspections confirm that medieval room has been preserved, that soil wasn’t dug in depth and that no archaeological findings were unearthed
November 2002: Cachia Caruana applies to construct “small swimming pool, balance tank and pump room” at 2, Triq Santu Rokku under the name of Hugh Attard Montaldo, who is Secretary of MCG Ltd, owned by Cachia Caruana. Martin Xuereb signs as architect
December 2002: Mdina Rehabilitation Committee, of which Cachia Caruana is a member, tells MEPA it has no objection to the development
March 2003: Case Officer Caroline Zammit says the development would go against Structure Plan policies which seek to protect the country’s archaeological heritage. She recommends a flat refusal, “especially since this will involve excavation at a much greater depth than simply building for foundations”
April 2003: Superintendence officials inspect the place where the pool is to be built, after the case officer has completed her report. They find this is situated “in a small garden surrounded by high walls” and that “there are no indications of archaeological remains.” Architect informs officials that pool is to be built “above soil” levels
July 2003: MEPA grants permission for construction of swimming pool, balance tank and pump room
September 2004: Cultural Heritage Superintendent Anthony Pace is officially informed for the first time of the permit issued for the construction of a swimming pool after news of the permit is published in the press. He inspects the site and finds “everything in order”
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