The first application is for
1 St Roque Street
Officer’s Report
The proposal
The demolition of rooms, retaining an old construction, and for the construction of three dwelling units, one of which is to incorporate the old construction at both ground and first floor and retaining the existing facade. Thesite is 350m2 and the footprint of the old building which is to be retained is about 75m2. The sections indicate that the building shall include an intermediate level with the height of the existing ground floor being 5.5m.
The location
The site lies in a very narrow road in Mdina which is anUrban Conservation Area.
Consultation
The Heritage Advisory Committee (HAC) inspected the site and found no objection on the proposed demolition since this part of the building has no value worth preserving. The HAC stated that there are no objections to the proposed buildings, and in view of the very restricted width of the street and the proposed set-back, the upper floor will not be visible from the street in any way.
The Committee added that the external walls of the proposed terraces shall be a parapet wall with a border on the upper course instead of balusters. It was added that the split level at the centre, between the terraces will have vertical lines and not curves.
All external apertures shall be in
timber and all metal work shall be in wrought iron. Since the works requires excavations for the foundations, the Museums Department should monitor the excavation work since Mdina is a site of archaeological importance.
The Museums Department stated the following. The building highlighted for demolition in the present application appears to be an entirely modern construction. The only part of the building that merits conservation is the eastern-most room at ground floor which may well date to the 16th century or earlier.
There is therefore no objection to the granting of this permit on condition that the above-mentioned “Medieval” room is properly conserved.
It should also be noted that there is a possibility that important archaeological remains lie underneath the proposed development. Judging by the depth of a well-shaft located at this site it is reasonable to expect that many metres of archaeological deposits may be encountered below the present street levels.
It is therefore strongly recommended that the following measures be adopted by this development:
1. The foundations for the proposed development be restricted to the barest minimum to limit the negative impact it may have on the underlying archaeological deposits.
2. Where excavation for the laying of foundations should prove inevitable, such works should be preceded by an adequate archaeological investigation, to be held under the direction of the Museums Department.
3. As already discussed with the architect in charge of the application, alternative methods for the laying of the
foundations should be considered – for example the use of pylons (affecting under five per cent of the total built-up area) or through the laying of a concrete foundation-platform over the existing ground levels.
All work on site should be monitored by the Museums Department. The date in which the works are projected to start must be communicated in writing to the Department five days in advance.
The Heritage Advisory Committee agreed with the response from the Museums Department and therefore finds no objection to the request and added that: all apertures which are visible from the street shall be constructed in timber and all metal work shall be constructed in wrought iron.
Discussion
The architect submitted internal photos and a plan of the existing situation indicating that there are nine citrus trees and two pomegranate trees (the latter at the back) within the existing site. The drawing indicates that the citrus trees will all be affected by the proposed buildings.
The architect submitted a method statement which indicates that a shallow reinforced concrete raft is to be used in view of the concern expressed by the Museums Department. Drawing in file shows that a raft foundation shall cover the site where new buildings are being proposed, leaving out the old building part and the backyard area.
The proposal will maximise the use of the site in question by the increase of the built area, thus having more dwelling units, while still preserving an old structure which was referred to, in the above consultation response. The consultation responses are not against the development as long as their conditions are adhered to. Such conditions would form part of a permit.
Recommendation
The proposal is acceptable as amended.
Grant – subject to conditions.
Decision Notice
The Planning Authority hereby grants consent in accordance with the application and plans described above, subject to the following conditions:
1) No balustrades shall be used on the street facade and shall be replaced by solid walling.
2) The height of the building shall not exceed 9.25m from the floor finish that is level 100.88 in the elevation.
Other conditions follow.
The second application regards Mr Cachia Caruana’s own house at 2, St Roque Street
DPA Report
1) The architect’s response to the Development Planning Application Report was submitted on 7/4/03.
2) Following site inspection held on 3 June 2003, DCC requested architect to submit a section through the pool, both as existing and as proposed including spot levels of the existing terrain and any measures to substantiate claim that no excavations are to be carried out.
Policy Constraints
1) Urban Conservation Area
Officer’s Report
The proposal
Request is for construction of a swimming pool, balance tank and pump room. The pool is proposed to have a volume of approx. 23 cubic metres, while the cistern for the pool will measure approx. 35 cubic metres.
The site
The site in question is the back garden of an existing building located in the Urban Conservation Area of Mdina. The site lies within the Rabat/Mdina Area of Archaeological Importance, Class A, as per Government Gazette dated 16/10/1998. Area is also an Area of High Landscape Value, and is also known to contain the ancient city of Melite.
Site history
Site is covered by permit (involving property nos. 1 & 2) for the demolition of rooms, and the construction of three dwelling units, one of which was to incorporate the old construction at both ground and first floor and retaining the existing facade.
During consultations with Museums Department while processing this application, it was noted that “there is a high possibility of important archaeological remains being located underneath the proposed development. Judging by the depth of a well-shaft located at this site it is reasonable to expect that many metres of archaeological deposits may be encountered below the present street levels.”
It was agreed that the foundations for the proposed development be restricted to the barest minimum to limit the negative impact it may have on the underlying archaeological deposits.
Where excavations for the laying of foundations should prove inevitable, such works were to be proceeded by an adequate archaeological investigation, to be held under the direction of the Museums Department. It was also agreed that alternative methods for the laying of the foundations would be considered – for example the use of pylons or through the laying of a concrete foundation platform over the existing ground levels.
Policy context
Proposal is to be compared to the following Structure Plan Policies:
RCO 1: Designates Rural Conservation Areas. Within them, sub areas will be designated, among which: “Areas of Archaeological Importance: concentrations of valuable archaeological sites”.
ARC 1: Designation of Areas and Sites of Archaeological Importance
ARC 2: The Planning Authority will give protection ratings as appropriate:
“Class A: Top priority conservation. No development to be allowed which would adversely affect the natural settings of these monuments or sites.”
ARC 3: Development affecting important archaeological areas will be refused if there is an over-riding case for preservation.
BEN 2: Good urban design will be a requirement of permitted development.
UCO 6: Basic objective to enhance the UCA including townscape and landscape of the area.
Design Guidance for Development Control within UCAs:
Consultations
External Consultees:
Mdina Rehabilitation Committee – No objection was found by the Department.
Malta Resources Authority – No reply was received within the consultation time limit.
Superintendent of Cultural Heritage – No reply was received within the consultation time limit.
Internal Consultees:
Heritage Advisory Committee – A site inspection was carried out. The committee found no objection to the proposal from a heritage point of view, as per minutes of meeting.
Environmental Management Unit – It was noted that “Mdina is an Area of Archaeological Importance, and every effort should be made to preserve the urban archaeology of the ancient city of Melite. A swimming pool is not necessary for the conservation of Mdina, and as it would definitely impact negatively on the archaeology, this proposal is strongly not recommended.”
Discussion
The area where the proposed swimming pool will be located is graded as Class A of Archaeological Importance, meaning that any excavation works are strongly discouraged.
Considering that in previous permit, the excavation for foundations was only given clearance after lengthy consultations with the Museums Department and the imposition of a number of conditions, the proposed excavation of a swimming pool cannot be favourably considered especially since this will involve excavation at a much greater depth than simply for building foundations. In fact the Museums Department, in previous permit had clearly expressed their concern regarding possible remains, stating that “it is reasonable to expect that many metres of archaeological deposits may be encountered below the present street levels.”
Therefore the proposed development would run counter to Structure Plan policies ARC 1, 2, and 3, which seek to protect the country’s archaeological heritage. Structure Plan policy ARC 3 states that “applications for planning permission for development affecting ancient monuments and important archaeological areas and sites .... , will normally be refused if there is an overriding case for preservation.” The Planning Directorate feels that the importance of the preservation of such sites overrides the need for a swimming pool.
In view of the above, a refusal for this request is being recommended.
Refuse – for the following reasons:
1) The proposed excavation of a swimming pool is unacceptable since site is located in an area of Archaeological Importance classified as Class A. Structure Plan policy ARC 2 places top priority on conservation in such areas. “No development to be allowed which would adversely affect the natural settings of these monuments or sites.”
2) The proposed development would have an adverse impact on an important archaeological site or area and would conflict with Structure Plan policy ARC 3 which provides that such areas or sites should be safeguarded and preserved.
3) The proposed development would detract from the overall objectives of the Structure Plan for the preservation and enhancement of buildings, spaces and townscapes within Urban Conservation Areas and so does not comply with Structure Plan policy UCO6.
But in the Decision Notice, the Planning Authority approved the application.
Decision Notice
The Planning Authority hereby grants development permission in accordance with the application and plans described above, subject to the following conditions:
1) a) All works shall be carried out strictly in accordance with the approved plans and the conditions of this permission. Where a matter is not specified on the plans then the conditions of this permission and of Development Control Policy and Design Guidance shall take precedence and modify the plans accordingly.
b) Before any part of the development hereby permitted commences, the enclosed green copy of the Development Permit shall be displayed on the site. This must be mounted on a notice board, suitably protected from the weather and located not more than two metres above ground level at a point on the site boundary where it is clearly visible and can be easily read from the street. The copy of the permit must be maintained in a good condition and it shall remain displayed on the site until the work is complete.
c) No building material, waste material, machinery or plant shall obstruct the pavement or the smooth flow of traffic on the road in the vicinity of the site. The deposit of materials or the placing of equipment in the street must be authorised by the Police.
d) Copies of all approved plans and elevations must be available for inspection on site by Malta Environment & Planning Authority staff at all reasonable times.
e) All building works shall be erected in accordance with the official alignment and proposed/existing finished road levels as set out on site by the Malta Environment & Planning Authority’s Land Surveyor. The Setting Out Request Notice must be returned to the Land Survey Unit of the Malta Environment & Planning Authority when the setting out of the alignment and levels is required.
f) Where the street bordering the site is unopened or unformed, it shall be opened up and brought up to its proper and approved formation levels prior to the commencement of the building operations hereby permitted.
g) This development permission is valid for a period of five years from the date of this notice but will cease to be valid if the development is not completed by the end of this five-year period.
h) The enclosed Commencement Notice shall be returned to the Malta Environment & Planning Authority so that it is received at least five days prior to the commencement of the development hereby permitted.
i) It should be noted that a third party may have the right of appeal against this permission. Any development which is carried out when such an appeal has been made, or until the time limit for the submission of such an appeal has expired, is undertaken at the risk that this permission may be revoked by the Planning Appeals Board or quashed by the Court of Appeal.
2) Note that the attached standard conditions for fresh water pools, imposed by the Malta Resources Authority, apply to this development.
3) a) Before the commencement of the development hereby approved, archaeological field evaluation works may be carried out on the site. The method of removal of the present material shall be as approved in advance by the Superintendent of Cultural Heritage and the Integrated Heritage Management Team (within the Environment Protection Directorate). Any further safeguarding measures which may be required shall be completed to an agreed programme, prior to the commencement of development and the approved development shall remain subject to the clearance from the Superintendent of Cultural Heritage if any archaeological findings are encountered.
b) The architect shall inform the Superintendent of Cultural Heritage, and the Environment Protection Directorate in writing at least two weeks before any works are taken in hand. All work must be monitored and supervised by representatives from the Superintendent of Cultural Heritage and the Integrated Heritage Management Team. The architect shall see that representatives from the above entities are actually present during any works. Such work can only be carried out, without the above officials being present, if such work is covered by an approval in writing from the entities indicated above.
c) The provisions in the Cultural Heritage Act must be observed at all times. Any infilled fissures (deghbien), caverns, hollows, Pleistocene deposits or other features of potential geological, palaeontological or archaeological interest which are discovered must be reported immediately to the Superintendent of Cultural Heritage and the Integrated Heritage Management Team (within the Environment Protection Directorate) and no further workings or activity must take place which would disturb these features until the Superintendent of Cultural Heritage have completed their investigations. Officials from the above entities may require a site office, in which case this is to be provided and maintained at the applicant’s expense.
d) The Lm1000 deposited at the BOV/HSBC as bond, before the issue of this permit, is to ensure compliance with the conditions of this permit especially with regard to conservation and work monitoring. The bond shall only be released after compliance with the conditions set out in this permit and a written clearance from both the Integrated Heritage Management Team (of Environment Protection Directorate) and the Superintendent of Cultural Heritage.
If the conditions of this permit are not adhered to the permit falls through and the bond will be retained.
If the damage caused by the development amounts to more than the total of the bond, as calculated by the Integrated Heritage Management Team (of the Environment Protection Directorate) and the Superintendent of Cultural Heritage, the difference is to be paid out by the developer.
This permit is granted saving third party rights. The applicant is not excused from obtaining any other permission required by law. The applicant should contact the following regarding the location and provision of services prior to commencing development:- Enemalta, Water Services Corporation, Maltacom, Drainage Department and Melita Cable.