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MEPA Watch| Sunday, 15 November 2009

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Robert Musumeci’s analysis of MEPA decisions

Demolition of a UCA building
An application to demolish a dwelling located in an urban conservation area (UCA) was being recommended for refusal by the Directorate since it was argued that demolition of buildings in UCA is prohibited. When the file was referred to the DCC earlier this week, it was noted that the internal structures, although constructed in a traditional manner, did not constitute a particular historic value. Moreover, the DCC pointed out that the proposed elevation constituted a better aesthetic treatment.
Against this background, the DCC decided in favour of this application. It is acknowledged that our old villages are characterised by several vacant buildings which cannot be rendered habitable without resorting to drastic interventions. The Structure Plan makes it clear that there should be a presumption against the demolition of any building of architectural or historical interest, but in cases where the interior of a building is of little interest, substantial demolition behind a valuable retained facade can be permitted if all other characteristics of the proposed development are acceptable.
The Structure Plan indicates further that demolition of a building of no architectural or historical interest with incompatible massing or detailing should be given favourable consideration provided that it is replaced by a more compatible building immediately after demolition. In the case under review, the DCC felt that demolition of the building should be entertained since the proposed façade was in better consonance with the streetscape. It is therefore a misconception to argue that the Structure Plan places a blanket prohibition against demolition of old buildings as purported by the case officer in his report.

Gzira’s pencil developments
An application to construct a five-storey building in Triq ix-Xatt in Gzira with a frontage which is less than 25 metres was referred to the DCC for a decision earlier this week. The case officer who was entrusted with the preparation of the recommendation report stated that the proposal failed to adhere to Local Plan Policy NHGT07. This policy underlines that proposals for new high buildings along the Gzira waterfront having a façade width that is less than 25m will not be permitted, except where the proposed facade will have a design that is identical to and that is continuous with the existing neighbouring building.
The idea behind such a policy stems from the fact that during the course of recent years, high-rise developments mushrooming along the Gzira waterfront have resulted in a series of pencil developments with blank third- party walls and inappropriately designed facades. Hence, the Local Plan attempted to address this issue by applying stricter control on development along this waterfront.
Despite the negative recommendation, the DCC approved the application. In its justification, the DCC observed that once a future application is submitted to develop the adjacent building, the intervention should imitate the design of the building under review. In other words, should the next-door neighbour decide to develop his property, he is bound to follow the same aesthetic design which was approved by the DCC. That being said, the neighbour may decide not to develop his property for reasons known to him, in which case another new pencil-like development has been created along the Gzira waterfront. Nonetheless, the DCC took the most reasonable decision in the circumstances.

 


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