The eNGO Flimkien għal Ambjent Aħjar (FAA) is calling for planning policy to be applied consistently after it observed two "contradictory" decisions within the same Planning Authority Commission sitting.
On Friday morning, FAA noted how the PA Commission "rightly objected to the overdevelopment of one of Qormi's last historic gardens, yet moments later approved a development in Spinola despite recommendations for refusal."
"While Flimkien għal Ambjent Aħjar welcomes the PA's stand against the destruction of more than 1,000sqm of one of the few remaining old gardens in Qormi's Urban Conservation Area, the immediate approval of the Spinola application undermines confidence in the PA Commission," FAA said in a statement.
It stated that "contradictory decisions on the part of the PA, SCH and ERA raise serious questions about the consistent application of policies and undermine public confidence."
FAA thus called upon the relevant authorities to apply policies consistently and ethically to safeguard heritage, urban green spaces, and residents' quality of life.
Discussing the decision for to not develop Qormi's historic Baroque palace tat-Tabib Maempel, the FAA mentioned that this site was earmarked for the construction of hotel accommodation blocks and 17 pools that would have taken up 44% of the existing garden. This site lies within the Qormi Urban Conservation Area (UCA).
FAA observed how the chairman of the Planning Commission, Elizabeth Ellul, repeatedly expressed surprise that the Superintendence of Cultural Heritage and the ERA had both approved the encroachment of the palazzo's garden, despite the SCH stating that it "constitutes a defining feature of both the palazzo and the wider UCA context."
FAA noted how developers claimed that the development of this palace into a commercial complex comprising several guesthouses and swimming pools would benefit Qormi residents by making the garden accessible to the public, though this was rebutted by FAA's Astrid Vella, who countered that it will only be available to a select few, killing any prospect of it being turned into a public garden.
Qormi Mayor Josef Masini Vento warned that this permit would set a precedent for the destruction of gardens in UCAs throughout Malta, FAA added,
The projects' architects claimed that if this site was left undeveloped, the property would face abandonment. This point was then dismissed as disingenuous by FAA, who pointed towards schemes to make such properties public. The NGO also noted that the PA's permits looking to destroy urban gardens undermines Project Green's drive to install more green areas around the country.
During this sitting, Moviment Graffitti activist Francesca Vella argued that destroying the UCA garden would not only have extensive environmental impact, but it would also contribute to acute traffic congestion, aggravated parking issues, on top of concerns that the historic underground water system connecting the areas' gardens could get contaminated by drainage spill-offs, chlorine, and pesticides.
Architect Carmel Cacopardo also quoted DC15 policies and obliged the Authority to protect green areas.
"Open space helps protect amenity by suppressing noise and provides fresh air and light, doubling up as green enclaves, or green lungs. The development of gardens and backyards therefore leads to the loss of such valuable amenity space and should be resisted, particularly within UCAs. Rather, the generation of new public or s open spaces within the urban fabric should be encouraged," he said.
The Commission considered that this Qormi development would have also exceeded the 30m development limit. Despite the recommendation for development, it decided that that the boutique accommodation shall be limited to the restored palazzo, while other development including all the pools should be removed.
FAA observed that this all contrasted dramatically to the PA decision to permit an additional storey just 12 metres away from a scheduled building by the Spinola parish church.
"This was recommended for refusal as it falls within the scheduled area, violates sanitary regulations, plus SPED and DC15 which specify that the UCA height limitation shall not be higher than the rest of the block," FAA said, "Yet in spite of being recommended for refusal by the PA Case officer, the Superintendence of Cultural Heritage and the Design Advisory Committee, Elizabeth Ellul approved the permit with such lightning speed that shocked objectors were not given an opportunity to speak."
While praising the decision to not develop the historic Qormi palazzo, FAA has expressed deep concern that "this ethical approach was immediately undermined by the approval of the Spinola application, despite all the recommendation for refusal and policy breaches."