A controversial application to develop part of a scheduled garden by excavating a basement level of garages, and constructing around 30 overlying residential units will be decided this Thursday.
The existing garden forms part of Palazzo Giannin, both of which have been Scheduled Grade 2. The site falls within the limits to development of Ghaxaq, and part of the southern boundary wall of the garden abuts Triq il-Hatem.
This application was validated in January 2018. Following a request for further information, the architect submitted amended drawings in May 2018 which were subsequently superseded by documents in September 2018, in which the proposed development was amended and now included 2 blocks with a total of 6 levels each. Since, however, in terms of a legal notice the drawings submitted constitute a material change, these could not be accepted at this stage, the case officer said, meaning that the assessment had to be based on earlier drawings which showed three blocks.
Submitted drawings indicate that the proposed development consists of a total of 30 units, and which is being split into 3 separate blocks, with each block consisting of a total of 5 levels.
“In terms of massing, the proposed three blocks occupy a large extent of the garden without having regard to the existing garden layout and other architectural features present in this garden. The proposed block nearest to Palazzo Giannin reduces the expanse, and overall the proposed layout compromises the integrity, and homogeneity of the scheduled property. Apart from departing from the decision of the Planning Appeals Board, the proposed layout will have a negative impact on the distinct character of the scheduled property and its context, which are considered as important heritage assets meriting preservation,” the case officer’s report read.
In terms of excavation, the case officer notes that in the proposal, the proposed excavation covers a large extent of the existing garden. “This shall be excavated one level below the existing garden level, which lies one level lower than Triq il-Hatem. The proposed basement level entails excessive excavation and ground disturbance which would lead to further damage, during works, to the historical garden features such as the surrounding walls, water cisterns, and other features located within the garden grounds.”
The use of the garden level as residential is not favourably considered, since this obliges the substantial excavation of the garden in order to accommodate the off-street parking required for the development, the case officer said.
An outline development permit had been approved by the Planning Appeals Board for the development of 30 units which should be split between three separate blocks, with a building height of 3 floors (excluding penthouses) from Triq il-Hatem. ‘The existing pavement on Triq il-Hatem was also to be retained, and the proposed blocks were to be set back from Triq il-Hatem and not placed in a straight line, with the remaining open space being retained as a garden. The existing garden axis was also required to be retained for a large part from Palazzo Giannin. Subsequently Palazzo Giannin including its garden, was scheduled Grade 2. The scheduling was appealed and was later confirmed by the Executive Council,” the case officer’s report reads.
“As outlined in detail above, the proposed development fails to respect the scheduling status of the existing property and the conditions outlined in the Planning Appeals Board decision,” the case officer concludes. “The proposed development will unequivocally have an adverse impact on the existing scheduled property, and thus is in conflict with Thematic Objective 8 of the Strategic Plan for Environment and Development which aims for the safeguarding and enhancement of cultural heritage. Without prejudice to the above, it is also noted that the submitted drawings in May 2018 and superseded in September 2018, which cannot be accepted in view of the proposed changes which constitute a material change, still do not address the issues raised in the report.” The case officer recommends that the application be refused.
The Superintendence for Cultural Heritage (SCH) was consulted during the application. In their original reply, SCH requested: - A photographic survey of the property; Accurate drawings plans, sections and elevations of the property as existing, including the garden paths where visible; A Restoration Method Statement for the garden restoration works proposed in this application, detailing how the proposed interventions will be carried out. The Superintendence noted that they would also be coordinating a site inspection with the architect as part of their assessment. The architect was requested to communicate with the Superintendence to set a date for the requested inspection. Following the submission of further information by the Architect, re-consultation with the SCH was carried out, however no reply was received within the stipulated timeframe, the case officer’s report also notes.
A number of submissions and objections to the application were received. The Ghaxaq local council has objected to the proposed development, in view that this will effect a scheduled property which has historical value.
Some submissions highlighted the scheduling of the site and its historic value. Some also highlighted that having such an area built with more than six storeys will result in the buildings around it having no natural light. A number of submissions by the public also highlighted that Malta has lost many of its trees and fertile soil, and so many of its beautiful gardens, highlighting the importance of preserving greenery.
Flimkien Ghal Ambjent Ahjar had, through the public objection form, argued that three 5-storey stand-alone apartment blocks obliterate the environment to a fraction of its original form, and that it can under no circumstances be deemed sensitive and appropriate to the character of a Baroque garden.