James Debono
The architect of the three-storey Lija development, now halted in a volte-face by the Malta Environment and Planning Authority (MEPA) over fears it would overshadow the Belvedere landmark, has told MaltaToday the developers are still entitled to compensation.
MEPA has remained tight-lipped on whether compensation will be given to the owners of the two botched developments next to the Lija tower, but it announced the developers will have to apply for new permits if they want to develop their sites up to a maximum allowable two storeys.
The permit for a three-storey block plus penthouse was issued by MEPA in a controversial rewrite of the local plan to allow three-storey development inside Lija. The permit was issued just five days before the March 2008 election, but MEPA also proceeded to create a buffer zone limiting development to two storeys around the Lija Belvedere.
But with the permit for the three-storey block still valid, and protest mounting from the Lija local council, MEPA decided last week to effectively revoke the permit. The MEPA board refrained from issuing a “discontinuance order”, which would have obliged it to pay compensation to the owners. Instead it issued a conservation order “on the ‘monumental space’ of two properties in Transfiguration Avenue”, which effectively prohibits any buildings higher than two floors.
Speaking to MaltaToday, architect Robert Muscumeci claims the developers of the three-storey block closest to the Lija tower, are still entitled to compensation. Musumeci contends MEPA has effectively issued a “discontinuance order” without referring to it by its name.
“MEPA is effectively implementing a discontinuance order which is consonant with the conservation order issued on 15 July. The law obliges MEPA to give a justification for a discontinuance order. The justification is the conservation order which led to the discontinuance.”
When asked how much money the developers would ask as compensation Musumeci replied that the applicants were considering their position with their lawyers.
But Musumeci said that “what has been removed from the permit amounts to a substantial sum of money.”
Musumeci also cites a Constitutional Court judgement delivered last year by Mr Justice Caruana Demajo in the case Trimeg Limited vs MEPA, which states that one is entitled to compensation even for the loss of development potential when a site is scheduled – even in the absence of any permit.
This could open MEPA to compensation claims from other owners in LIja’s Transfiguration Avenue who cannot add a new floor on their properties.
According to Musumeci, the Lija developers’ case is even stronger because MEPA has modified an already issued permit by removing a whole floor and penthouse.
MaltaToday asked MEPA whether compensation was due to owners when the development area covered by a permit is reduced because of a conservation order.
But no reply was forthcoming.
When asked on the status of the two permits for three-floor development in Transfiguration Avenue, a spokesperson for MEPA explained that within six weeks of the issuing of the conservation order, the owners of the two developments would need to submit a new application which respects the limit of two floors.
“This height shall be measured from the existing street level, which height shall include the partially completed level, and the new proposal is to respect the architectural characteristics of the surrounding area. Approval of the proposal shall only be given subject to the satisfaction of the Authority.”
According to MEPA, any development on the site has to be in conformity and in line with the scheduling, and in line with this conservation order. No further works may be undertaken prior to the approval of this new development application, which still needs to be submitted to the authority.
MEPA also warned that if the scheduling protection accorded by the government notice “is adversely affected”, MEPA will exercise its powers of enforcement, which according to law provides for severe penalties for any contravention on a scheduled property.
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