Tribunal lowers Pietà development by two floors

The Environment and Planning Review Tribunal has ordered a reduction of two floors from an approved eight-storey block comprising seven flats overlooking Triq ix-Xatt in Pietà.

The decision was taken after an unprecedented appeal by Heritage Malta, the Superintendence for Cultural Heritage and the NGO Friends of Villa Frere.

Ciantar Properties was given 30 days to present new plans which should lower the development by two full floors.

Moreover, in a warning for future developments, the tribunal called on the Planning Authority to give greater weight to the concerns of the Superintendence for Cultural Heritage when dealing with developments located in the vicinity of scheduled properties like Villa Frere.

The appeal represents a rare case, envisaged in planning laws, in which state agencies challenge decisions taken by the Planning Authority.

In its appeal, the SCH described the permit as “totally unacceptable in view of the evident negative impact on the values of the numerous scheduled properties in the area.”

The SCH further warned that the development would “severely obstruct the historical vistas of Valletta and the Msida Bastion Cemetery from Villa Frere’s upper belvedere.”

It also raised concerns about the development’s detrimental impact on the modernist Pietà Primary School and the surrounding context of St Luke’s Hospital.

In its own appeal, Heritage Malta emphasised that the PA should not “repeat past mistakes” by citing previous permits on adjacent developments. It argued that the proposed block would not only increase the building mass around Villa Frere but also “wrap around it, bringing the massing even closer to all surrounding scheduled buildings and the Pietà Primary School.”

The Planning Authority has defended its decision, stating that the proposed height complies with local height limitations and citing similar nearby developments, particularly the adjacent building.

The PA also insisted that, under the local plan, the only landmark building whose views are protected is St Luke’s Hospital. Furthermore, it noted that it is not legally obliged to follow the SCH’s recommendations, which were addressed in the case officer’s report.

The site in question was previously occupied by a dilapidated two-storey building, which was demolished following a 2017 permit issued to Ciantar Properties Limited. At the time, permission was granted for a single dwelling that included plans to reconstruct the original building—including its traditional balcony—with an additional setback floor.

Heritage activists fear the loss of historical and visual link between Villa Frere and the Msida Bastion cemetery on the other side of the harbour where John Hookham Frere’s wife lies buried. Upon the death of his wife, Frere channelled his grief in the creation of an English landscape garden up towards Guardamangia which included a tower-like belvedere crowning the hill, strategically so that he could see his wife’s tomb across the water at the Msida Bastion Cemetery.

Frere had previously befriended Maltese patriot Mikiel Anton Vassalli.

Upon Vassalli’s death, Frere ensured he got a respectable burial at the same cemetery, also visible from Villa Frere’s Grand Belvedere.