|
James Debono
Residents in Sliema’s St Anne Square, which has hosted the Magic Kiosk for the past two decades, have little hope of seeing the square restored to its quaint grandeur once the restaurant’s lease expires in 2008.
The construction of an eight-storey building, approved back in 2001, will face the corner apartment block of residents who will see the former site of the Allwares Store reach higher to the sky. The new development will include two restaurants, offices and two social clubs.
The residents are opposing the development because their balconies and front windows will barely be three metres away from an existing wall. “If this development goes ahead as planned one would be able to lean from a balcony and touch the wall of the extension being build,” Chris Vassallo told MaltaToday.
Residents are alarmed because plans indicate shown to them at MEPA show that the building will take place on the ground floor, obstructing their sea views and blocking the light coming in to their apartments.
The development was euphemistically referred to as “an extension to commercial premises” in an application presented in March 2000 and approved in November 2001. But the residents did not notice the planning application then and failed to present their objections.
MEPA has meanwhile last Thursday decided that the developer must submit a fresh set of plans by 27 June so that it will be again up for consideration, making use of clause 39 which gives the MEPA board the authority to revoke the permit if it decides it was misled.
Resident Michael Micallef Trigona told MaltaToday that when works started a few weeks ago he thought that the development will only be taking place on the ground floor. “We were surprised to learn that the building will rise to eight storeys. Had we known that the application consisted of an eight-storey building facing our balconies, we would have surely objected,” Micallef Trigona said.
Opposition
The Secretary of the MEPA board Francis Tabone said residents had every chance to view the plans since a notice had been attached on the site. Since residents did not object in the time required by law, they cannot take their grievance to the MEPA planning appeals board.
They might however will have one legal channel left to seek redress for what they claim to be an “injustice” and that is to prove there was misleading, incorrect or false information in the plans on which MEPA issued its permits.
In one of these plans shown by MEPA to MaltaToday, an existing wooden balcony overlying the porch of the former Allwares shop was indicated as a solid wall when this was not so.
Erroneous information in submitted plans may not be enough for MEPA to modify an already approved permit: according to law the erroneous information must have been a material issue on the basis of which the authority had approved the permit.
Despite these mistakes, the plans submitted by the architect were still certified by MEPA.
Residents also claim the proposed development occupies a different footprint than that shown on site plans issued by MEPA. The former Allwares Store jutted out into the square due to a large porch. A lands department site plan published in 1968 shows the area occupied by the porch as being part of the square. If it is proven without doubt that the land occupied by the porch is public, the lands department can intervene.
Site plans on MEPA’s web server do not show any building on the ground floor within the recess on which the eight-storey development will take place. A MEPA spokesperson pointed out that site plans on the server are based on aerial photos which do not show the projection of balconies and other projections on the ground.
Good news, bad news
Micallef Trigona also expressed his disappointment that the bad news of the new development coincided with good news of the restoration of Saint Anne’s square following the termination of the first lease granted to Magic Kiosk to occupy part of the square.
German resident Bueur Winter expressed her disgust at the fact that residents were only shown plans on their third visit to MEPA. She also complained that residents were not even allowed to make a photocopy of these plans.
Micallef Trigona claims that had the development taken place on the existing façade of the building, they would not have objected to the development.
The residents have written to the President of the Republic, the European Commission, the MEPA chairman and the Sliema mayor calling on MEPA and the Lands Department to withdraw permits on the grounds that these were granted in violation of third party rights.
Yet Francis Tabone insists that since the development permit was issued according to law, the permit cannot be revoked if the residents do not pursue legal avenues.
The moral of the story is clear: always double-check MEPA’s green notices on neighbouring residences. It might be too late.
jdebono@mediatoday.com.mt
|
