Lija tower: footing the bill for Pullicino’s error?
Will the taxpayer foot the bill for a gross planning mistake committed by Minister George Pullicino when he green-lit three-storey development in Lija, JAMES DEBONO asks?
Tomorrow the Malta Environment and Planning Authority is expected to decide whether to stop the development of a three-floor block next to the Lija tower by asking the taxpayer to foot the bill for a mistake committed by the government two years ago.
It was the local plan approved and signed by then Environment Minister George Pullicino in August 2006 that opened the floodgates for the transfiguration of Lija’s main avenue, from two-storey villa development to three-storey apartment blocks.
Surely the change was first foreseen in 2002, when a draft local plan issued for public consultation proposed three-storey development in the same area.
But as always, it was only too late when the public reacted just as it was faced by the tangible consequences of such plans: a three-storey development with penthouse right beneath the Lija Belvedere landmark.
It was only when MEPA started deliberating on this permit that a storm of controversy erupted in Lija. But this did not stop MEPA from issuing the permit – five days before the election.
After being elected Prime Minister and making MEPA reform one of his main planks, Lawrence Gonzi was immediately faced by protests by Lija mayor Ian Castaldi Paris who demanded his intervention to stop the permit. In so doing he clashed openly with PN’s Siggiewi mayor, Robert Muscumeci, the architect of the project.
Castaldi Paris’s call did not go unanswered. MEPA backtracked on its local plan commitment to allow three-storey building in Transfiguration Avenue by creating a buffer zone limiting development to two floors, annulling the local plan’s intentions for the area.
But this was not enough to stop the legally issued permit for the contentious development.
Last week, demolition of the existing villa started after the developers made it clear that they won’t stop unless MEPA issues a discontinuance order, which gives the developers a right for compensation.
For the permit can only be revoked through a discontinuance order, or through a conservation order. Whenever a permit is revoked through discontinuance, the developers are entitled to compensation, which in this case can run into hundreds of thousands of euros.
On the other hand, a conservation order entails no obligation to compensate owners, and is usually issued to conserve properties of some heritage value, which does not seem to be the case of the villa which has just been demolished. Whether it can be applied to protect the views of a historical landmark is doubtful.
Yet the issue of compensation to the owners will not bring an end to the Lija saga because the local council there is appealing the permit awarded to the developers. Although demolition has already taken place, the MEPA appeals board can revoke the permit.
MEPA would find itself in a quandary, having first granted compensation to the owners, only to have the permit overturned some time later by its own Appeals Board.
In their appeal the Lija council is questioning the legality of the permit, contending that the Structure Plan’s policies protecting Grade 1 properties from visual intrusion should have been enough to protect both the Belvedere and its surroundings from the negative impact of three-storey developments.
It also contends that the approval of the local plan violated EU directives.
The council questioned the legality of the public consultation issued in 2002 claiming that it should have included photomontages showing the impact of three-storey development on the existing landscape, to make the proposed changes comprehensive to non-technical readers.
They also contend that MEPA contradicted its own policy when allowing a penthouse on the three-floor block as its own guidelines preclude such development “intrude long-range or short-range views.”
jdebono@mediatoday.com.mt
Lija Belvedere timeline
1996 Government Notice 360 designates the Lija Tower as a Grade 1 building which is protected from any “visual intrusion” and “incompatible” development by the Structure Plan.
2002 A largely ignored public consultation on the local plan draft indicates a three floors height limitation for buildings located in the vicinity of the tower instead of the existing two-floor limitation.
2005 Policy and design guidance allows penthouses on three-storey buildings if these “do not obscure important landmark buildings from view”.
2006 Minister George Pullicino signs Central Malta Local Plan which allows three-floor development in Transfiguration Avenue.
March 2008 Five days before the election MEPA issues the permit for a three-storey block withpenthouse next to the Belvedere tower.
April 2008 Lija mayor Ian Castaldi Paris writes to the Prime Minister asking for his intervention. Council presents appeal against development.
July 2008 MEPA decrees buffer zone around Lija tower limiting development to two storeys once again.
August 2008 Existing villa is demolished to make way for new development.
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