Grand Hotel claims extension not encroach on Ghajnsielem Belvedere

The owners said a report by an ‘independent expert’ had not upheld the arguments being put forward by FAA, which claimed the encroachment was made for the extension of the Grand Hotel.

According to the report, as early as November 2007 and prior to any excavation works on site, the owners’ architect “informed Government Property Division of imminent commencement of excavation near boundary line”; in December 2007, the Lands Department officially set out the dividing line between the two properties; additionally the independent expert concludes that “the boundary wall alignment was respected”, and further reconfirms “inspection of 18.12.2010 (by Government Property Department Officials) confirms that reconstructed boundary wall is built on the same alignment of the boundary line”.

FAA has said the authorities had initially denied that the developers had invaded public property. However following protracted negotiations, an independent expert confirmed that there had in fact been encroachment on the part of the developer and legal action was instituted. The Grand Hotel owners are contesting these claims.

FAA said it was also outrageous that this abusive construction included demolition of the ramp which allowed disabled people to enjoy this public space, since a wall of the abusive building was built on the footprint of the ramp. It called on the National Commission for Persons with Disability to take action.

The Grand Hotel owners said that during a site inspection related to the independent inquiry, members of FAA and their architect were not only putting forward their submissions but were also taking measurements in an attempt to establish the alleged encroachment.

The independent expert’s report states that the 23cm thick concrete hollow block party wall between the belvedere and the hotel was constructed on the dividing line between the two properties. “This conclusion was confirmed by the FAA professional consultant and Government Property Division architect present on site,” the owners said.

“Instead of providing technical evidence to substantiate its allegations, FAA opted to submit photographs of the blocks serving solely and exclusively as reinforcement of the belvedere describing them as ‘foundations of the Grand Hotel’ rather than as ‘foundations of the belvedere’. Furthermore FAA stated that the belvedere is used as builder’s yard when there were no building materials on that particular site."