Additional floor permitted on Sliema town house

The decision was overturned by the Environment and Planning Tribunal.

The Commission held that the proposed development is incompatible with the urban design and environmental characteristics of the Sliema Urban Conservation Area and would therefore not maintain the visual integrity of the area as required by Structure Plan policy BEN 2.

In its conclusions, the Commission maintained that the proposal would detract from the overall objectives of the Structure Plan for the preservation and enhancement of buildings, spaces and townscapes within Urban Conservation Areas in conflict with Structure Plan policy UCO6. 

As a reaction, the applicant lodged an appeal before the Environment and Planning Tribunal, maintaining inter alia that the Planning Directorate had signalled no objection to the proposal.

The appellant made specific reference to Policy NHSJ 06 which essentially provides that where the maximum building height limitation is two floors or two floors with plinth or raised ground floor (such as in this case), MEPA may consider granting permission for an additional floor.

In conclusion, the appellant highlighted that the Cultural Heritage Advisory Committee objected to his application on the basis that the proposed additional floor allegedly disrupts the aesthetics of the streetscape while it did not make similar objections when consulted on a similar application.

In its assessment, the Tribunal reiterated that “where the maximum building height limitation is two floors or two floors with plinth or raised ground floor”, MEPA is bound by policy to grant permission for an additional floor provided that the existing building is located within a street having a width of at least eight metres, not being a Category A or Category B plus (B+) streetscape.

More so, the proposed second floor level extension must also be interlinked with the underlying dwelling. The Tribunal observed that the said criteria were in this case being satisfied even though a semi basement was being introduced by way of the applicant’s proposal. Against this background, the Tribunal ordered the MEPA to issue the permit.

Robert Musumeci is an architect. He also holds a Masters degree in Conservation and a degree in law.

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Policy allows Sliema townhouses on three floors with plinth or raised ground floor