An application request to construct a dwelling with a raised basement roofed on three courses above pavement level in a site, which lies within the Urban Conservation Area of Qala, was submitted to Mepa.

The Directorate argued that the proposed development was not acceptable in view of the fact that the maximum height limitation of the area under consideration was limited to two floors, and therefore a raised basement was not allowed due to this height limitation. The Directorate also pointed out that the proposed garage door, having a width of three metres, was not acceptable because its width exceeded the maximum dimensions stipulated in the Design Guidance for developments within UCAs, which Guidance indicates a width of 2.4 metres.

In the first instance the DCC refused the request consistent with the Directorate’s negative recommendation, stating that the proposed building height (that is two floors and three-course basement) exceeded the maximum height limitation for this part of Qala.

Following DCC’s negative decision, applicant filed a request for reconsideration, stating that height limitations stipulated in Local Plans should not be interpreted rigidly. Applicant also argued that, in this case, the internal height of the basement did not affect the appearance of the façade. Applicant also noted that the width of the garage door opening (the proposed three metres) was being requested to enable adequate manoeuvring of vehicles.

Further to these comments, the DCC reversed its original decision and approved the application. The overturning of the previous negative decision gives rise to a number of significant considerations:

It must be underlined that the design provisions regulating garage doors in UCAs are no longer regulated by the document quoted by the case officer, namely the Design and Guidance for Development Control within Urban Conservation Areas – Alterations to facades, limiting the width of garage doors in UCAs to 2.4 metres. Garage openings in Urban Conservation Areas are now regulated by Policy 6.8 contained in the more recently enacted Policy and Design Guidance 2007, which stipulates that residential garage door openings in UCAs shall not be higher than 2.8 metres, and their width can range between 2.4 metres and three metres.

This decision also indicates that whenever the Local Plan stipulates that the height limitation in a site within a UCA is two floors, a three course basement floor can also be permitted as long as the overall height of the building (as measured from pavement level) does not exceed the allowable maximum height in relation to the permitted number of floors in the Local Plan, as established in Policy 2.1 of Policy and Design Guidance 2007. As long as the proposed façade is acceptable in terms of design, acceptable building heights should be therefore assessed in terms of the quantitative limitations set out in Policies 2.1 contained in Policy and Design Guidance 2007, to ensure that the height of a building is commensurate with the number of floors permitted by Local Plans.

In simpler terms, the inclusion of a basement is acceptable within a UCA, as long as the external appearance of the façade is in keeping with the rest of the streetscape. Therefore, Structure Plan Policy BEN 2 (which stipulates that development will only be permitted if it is compatible with the good urban design and maintains the good visual integrity of the area in which it is located) is fully safeguarded. DCC was therefore right to approve this same application.

Robert Musumeci is an architect. His main area of practice focuses on development applications to Mepa.

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