The Malta Independent 14 June 2024, Friday
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New PA circular regarding measurement of building heights could result in greater density - NGO

Monday, 19 February 2024, 13:30 Last update: about 5 months ago

NGO Għawdix has expressed concerns about a recently issued circular by the Planning Authority regarding the measurement of building heights.

On the same day that the Planning Authority flaunted a circular meant to design facades for Gozo's distinctiveness, another circular was issued delineating a process for converting building height limitations - previously specified in terms of the number of floors - into overall heights measured in metres, Għawdix said

"Historically, Local Plans sanctioned between 1995 and 2006 contained constraints on building heights articulated as the maximum number of floors permissible for each urban block. Nevertheless, discrepancies in terminologies existed across different Local Plans. These plans were complemented by supplementary documents such as the Local Plans Interpretation Document of 2007 and more detailed Policy and Design Guidance issued in 2000 (DC2000), 2005 (DC05), and 2007 (DC07). While these documents provided interpretations and policy directives regarding building heights in metres, adherence to the allowable number of floors was emphasised," the NGO said.

In November 2015, a shift in approach occurred with the Development Control Design Policy Guidance and Standards, notably Policy P35, advocating for the regulation of building height in urban areas based on numerical dimensions of overall height and facade height measured in metres, it said.

"Consequently, Annex 2, supporting Policy P35, was introduced to facilitate the conversion of building height limitations from the number of floors to overall heights in metres, entailing revisions to numeric dimensions for facade heights, supplanting previous Policy and Design Guidance from 2007. Subsequent interpretations and applications of these guidelines by various development management institutions since 2015 were informally established through practice. The proposed circular aims to formalise this conversion of building height from Local Plans approved between 1995 and 2006 into overall heights in metres, integrating these converted limitations into the Local Plans Interpretation Document as official guidance."

This starkly contrasts with recent celebrations by the Ministry for Gozo and Planning regarding victories in preserving globigerina facades, the NGO said.

"Instead, it underscores a disregard for the primary concern: streetscape fragmentation due to pencil development, rendering arguments based on a net amount of floors obsolete and potentially exacerbating the issue by allowing for greater density within confined spaces. Unfortunately, a significant overhaul of local plans seems off the table, with authorities citing concerns of 'great injustice' and the protection of property rights. Prime Minister Robert Abela, for instance, has argued against such revisions, asserting that they would cause 'great injustice' and stating that the government 'cannot revoke people's property rights'," the NGO said.

"Additionally in 2021 he told The Malta Independent that the local plans 'created rights for property owners and it is not as simple as saying that the Government will change the local plan and the rights that these owners have...', the Ngo said. "Similarly, the leader of the Opposition, Bernard Grech has given conflicting information during an interview on Times of Malta: at one point he emphasised the sanctity of existing property rights, stating that 'we cannot touch the rights that already exist', while at another point he stated that, 'we need to change the rules, we need to fix the rules, and we then need to enforce them...',"it said.

The NGO said that it is essential to recognise that in Malta, the right to develop ultimately rests with the State, not individual landowners," as explicitly outlined in the country's Planning Act."

"This fundamental principle underscores the responsibility of policymakers to prioritise sustainable development practices and the collective wellbeing of communities over individual interests. It highlights the imperative for policymakers to adopt a forward-thinking approach that fosters responsible development while preserving the essence of what makes Gozo truly special. Failure to address these pressing issues not only risks irreparable harm to Gozo's architectural, cultural and historical treasures, but also undermines the long-term prosperity and quality of life for its residents. Therefore, we call on all interested parties to act decisively to safeguard Gozo's unique heritage and pristine landscapes for future generations, ensuring a harmonious balance between development and environmental conservation."

It also published a case study. In January 2021 the PA approved a apartment block, "three years later this block stands perched over the Nadur skyline," it said. "Even though the Local Plans only allows for 3 floors, the permit for 5 floors was still given, and this to the detriment of the streetscape, Nadur skyline and the 19th-century windmill opposite to the block of flats. This circular will now set this practice in stone, consequently allowing for more cramping of apartments."


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