Gozo plan policy allows for extra floors

To construct maisonette at first floor and roof structures” in Triq il-Ponta, Zebbug (Gozo) was initially turned down by MEPA’s Environment and Planning Commission after it held that the proposal would result in a building of two floors and a semi-basement and therefore exceeds the height limitation of two floors (without a semi basement) as set out in the MAP 14-c of the Gozo and Comino Local Plan. 

 In reaction, the applicant appealed the decision, stating that the Commission’s decision was unfair since a permit for a three storey development was issued in the adjacent site. Applicant went on to argue that the proposed construction shall abut an otherwise exposed blank party wall.

Gozo Local Plan: Requests for extra floors favourably considered where the existing height is higher than that indicated by the Building Height Limitation Maps

But even so, applicant maintained that the proposed height (in metres) falls within the allowable height limitation set out in the relevant policies. (Indeed, applicant contended that the height of the proposed first floor together with the existing ground floor is equivalent to 8.45 metres from pavement level while policy 2.1 of DC 2007 allows a maximum height of 8.50 metres where the designated height is limited to two floors). Regarding the proposed structures at roof level, applicant pointed out that these are adequately receded, having a similar height as those pertaining to the adjacent plot. 

 In its assessment, the Environment and Planning Tribunal observed that the existing building (consisting of a semi basement and an overlying elevated ground floor) is covered by a planning permit, adding that any proposal for additional floors should be  primarily assessed in the light of Structure Plan Policy BEN 2 which militates against urban development that is “incompatible with the good urban design, natural heritage and environmental characteristics of existing or planned adjacent uses and is unlikely to maintain the good visual integrity of the area in which it is located”.

Furthermore, the Tribunal made reference to paragraph 4.2.4   of the Gozo and Comino Local Plan, which in turn states that “there are instances of buildings where the existing height is higher than that indicated by the Building Height Limitation Maps and in such cases, provided that the building height is legitimate, requests for development on the same area would be favourably considered.”

 After establishing that the proposed development would not obliterate the visual characteristics of the streetscape, the Tribunal ordered the Authority to issue the permit for a development consisting of two floors and a semi basement in an area which, strictly speaking, is designated for two floors according to the relevant Local Plan.  

Robert Musumeci is an architect who also pursued a degree in law [email protected]