A controversial application to develop part of a scheduled garden by excavating a basement level of garages, and constructing around 30 overlying residential units was refused by the Planning Authority Board.
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.
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 in the past. However, 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.
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a request for further information, the architect submitted amended drawings in May 2018 which were subsequently superseded by documents in September 2018, in which the proposed development was amended and now included 2 blocks with a total of 6 levels each instead of the originally proposed three blocks. Since, however, in terms of the law 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 in the case officer’s view. Submitted drawings which were meant to be considered 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.
A large number of submissions and objections to the application were received. The Ghaxaq local council had objected to the proposed development, in view that this will effect a scheduled property which has historical value.eee
The architect argued his case before the board, and said that what is being proposed is less than what was approved in the outline development permit, adding that much of the garden will be kept. He argued that the scheduling occurred mainly to protect the building and part of the garden, not all of it.
He argued that through the latest proposals (which the case officer said cannot be considered) the buildings were moved to the part where the garden has the least value and that two buildings are proposed instead of three, reducing the ground floor footprint, increasing the amount of open area. The architect argued that since the material change in the plans is a positive one it should be considered.
A number of objectors spoke during the board hearing, saying that if we start allowing such interventions on a scheduled sight, they Malta might as well stop scheduling buildings and allowing everyone to build whatever they want wherever they want.
A representative of Flimkien Ghal Ambjent Ahjar also brought up the scheduling of the site, stressing that it must be taken under strong consideration. They also argued that the site is a green enclave.
A local council representative said that the site is of historical value, and said that Ghaxaq does not have many of such sites. “If we lose our history we lose everything.” He said it is the only green lung in the locality.
The board refused the application.