Green light for apartments on Spinola townhouses

New appeals tribunal overturns MEPA decision protecting townhouses from any development, allowing the construction of up to three additional storeys on buildings

This old Spinola Bay townhouse was described as a stately home in an 1898 survey. Photo: Ray Attard
This old Spinola Bay townhouse was described as a stately home in an 1898 survey. Photo: Ray Attard
The pictoresque Spinola Bay is overshadowed by modern construction.
The pictoresque Spinola Bay is overshadowed by modern construction.
This old Spinola Bay townhouse was described as a stately home in an 1898 survey. Photo: Ray Attard
This old Spinola Bay townhouse was described as a stately home in an 1898 survey. Photo: Ray Attard
This old Spinola Bay townhouse was described as a stately home in an 1898 survey. Photo: Ray Attard
This old Spinola Bay townhouse was described as a stately home in an 1898 survey. Photo: Ray Attard
The building, ensconced between the modern apartment buildings that have taken over Spinola Bay. Photo: Ray Attard
The building, ensconced between the modern apartment buildings that have taken over Spinola Bay. Photo: Ray Attard

The appeals tribunal of the Malta Environment and Planning Authority has overturned two decisions taken by the authority in 2010 and 2011, to leave two traditional townhouses in Spinola road untouched by development.

While the developers had originally applied for the complete demolition of the townhouses, the latest permit issued by the appeals tribunal foresees the development of three additional floors on the two townhouses.

The two buildings will be incorporated in the new development. The tribunal’s sentence lays down that the building height cannot exceed five floors from Spinola Road.

According to MEPA, the buildings were the first to be constructed in the area, depicted as “solitary stately homes” in survey sheets dating back to 1898.

The two buildings have a façade in Spinola Road and another on Spinola Bay, and both have been earmarked for Grade 2 scheduling.  
According to the Structure Plan, only alterations to the interior of Grade 2 buildings are allowed if these are carried out sensitively and causing the least detriment to the character and architectural homogeneity of the buildings.

While agreeing with MEPA that the two buildings deserved protection, the appeals tribunal insisted that it could not ignore permits issued for apartment blocks adjacent to the two townhouses.

“While the buildings should be restored, additional storeys should be constructed in the same way as has been done on adjacent sites,” the tribunal said in its decision.

MEPA still has to issue a full development permit for these developments, but in doing so it cannot ignore the appeals tribunal decision to allow the developers to build additional floors on the two houses.

The tribunal, which took this decision, is composed of planner Martin Saliba, lawyer and Labour candidate Simon Micallef Stafrace and practicing architect and Freeport chairman Robert Sarsero. Over the past months, the tribunal overturned several decisions taken by MEPA under the previous administration, including the development of 46 villas by the Portomaso developers in St Julian’s.

St Julian’s townscape ‘no longer exists’
In their appeal, the owners argued that an adjoining property with similar characteristics had been demolished and rebuilt through a permit issued in 2008 and that the two townhouses are now sandwiched between blocks of apartments.

In representations on behalf of his client Albert Coppini, lawyer Peter Borg Costanzi argued that the St Julian’s townscape consists of apartment blocks and not of traditional townhouses.

“The alleged houses typical of the St Julian’s townscape just do not exist anymore and the present typical townscape consists of precisely the type of property which my client wants to construct.”

MEPA, through its lawyer, rebutted this argument, making the point that the building in question is the “oldest building remaining in Spinola Bay” and the presence of apartment blocks in the same area does not justify the demolition of this building. The authority also contends that the building can be easily restored and any accretions or alterations made to it over the years, removed.

MEPA justified a permit on a similar adjacent building issued in 2007, arguing that this particular building had not been earmarked for scheduling.

On the other hand, the two townhouses were proposed for scheduling in 2008. Subsequently the MEPA board asked for further information from the owners who failed to submit this information.