Tribunal allows five storeys provided existing building is retained

The decision related to an outline planning application entitled “To demolish existing building and to construct garages, flats and a penthouse” concerning a site facing Triq Spinola (in St Julians).

The application was turned down by the Environment and Planning Commission after it held that the proposed demolition “would lead to the loss of a historical building.” More so, the Commission highlighted that the proposal would detract from the overall objectives of Structure Plan policies UCO 6 and UCO 13.

Indeed, it was held, policy UCO 6  provides that within urban conservation areas, “the basic objective will be to preserve and enhance all buildings, spaces, townscape and landscape which are of architectural or historical interest”, while Policy UCO 13 stipulates that wherever possible, “buildings of architectural, historical and townscape importance, gardens, and other areas of architectural or historical interest will be conserved”.

In reaction, the applicant filed an appeal before the Environment and Planning Tribunal, insisting that he should be afforded similar treatment which was given to other applicants in the immediate vicinity, citing the Portomaso complex and the Cavalieri Hotel as examples.

Applicant added he is willing to modify the proposal in such a manner that “the façade on Triq Spinola is retained.” Even so, the applicant remarked that “the particular setting of which the building previously formed part, has been severely compromised by modern construction which has taken place during the past two decades”. As a final point, the applicant argued that the Authority refrained from scheduling the building under consideration, as a result of which, he contended that a “legitimate expectation” subsists in favour of its demolition.

For his part, the case officer reiterated that the building in question, which features castle-like turrets and gothic style windows, is earmarked to be scheduled as a Grade 2 building of architectural importance. The officer also requested the Tribunal to ignore the fact that the Authority had issued permits for the demolition of adjacent buildings turned into multi storey apartments in adjacent sites. 

In its assessment, the Tribunal observed that, in this particular area of St Julians, the North Harbour Local Plan allows constructions having five floors. Nevertheless, the Tribunal held that the existing architectural features should be retained, even though the building was never scheduled. Against this background, the Tribunal ordered the MEPA to issue the permit for the construction of additional floors on condition that the main architectural features characterising the present building are retained.   

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Tribunal held that the existing architectural features should be retained, even though scheduling was still pending