PA set to sanction Polidano’s illegal works in Balzan

The permit would regularise works related to two permits revoked by the EPRT and the law courts as well as additional works undertaken without any authorisation

The Development Management Directorate has recommended approval of a full development permission application submitted by Charles Polidano’s Balzan Estates Ltd to sanction illegal works on three adjacent Grade 2 scheduled properties fronting Triq il-Kbira, Balzan.  

The application seeks to regularise extensive works already carried out on the site, including the dismantling of structures and boundary walls, the removal of trees, alterations to the historic buildings and the construction of a swimming pool in the historical gardens.

According to the case officer report, soil take-up resulting from the various extensions including a parking area and a swimming pool, amounts to 529.2 m², representing 15% of the protected garden space.

The sanctioning is being proposed against a fine of €2,200, which may be doubled by the Planning Board due to the protected status of the site. A final decision will be taken by the Planning Board on 22 January.

Some of the works to be sanctioned had been previously authorised through two permits later revoked by the Environment and Planning Review Tribunal and the law courts, as well as additional works never authorised at any stage. Some of the works were undertaken during the appeal itself.

But the case officer noted that the interventions carried out consisted largely of “remedial” works intended to compensate for the loss of original historic fabric. 

It also notes that, since the Superintendence of Cultural Heritage (SCH) has not objected to the proposed sanctioning. The directorate concluded that the proposed interventions respect the cultural heritage value of the scheduled buildings and retain their overall legibility within the urban conservation context.

The three properties consist of a vernacular two-storey residence, a British period townhouse, and a late Knights period house, all scheduled at Grade 2 and located in the Balzan Urban Conservation Area. The site includes an extensive rear garden containing a pigeon loft, a traditional underground water cistern that was partially converted into a WWII shelter, and a historic watermill accessible from an adjoining alley. Most of the garden area falls within a designated open space enclave protected by planning policy.

As submitted, the application proposes the reconstruction of several features and structures, the re-alignment of rear boundary walls, the rebuilding of the alley wall, and various interventions in the gardens. 

These include the construction of a swimming pool, reservoirs, hard landscaping, low boundary walls, and new garden stores. Additions to the existing buildings are also being proposed to create three separate dwellings. The plans also foresee a gravel-surfaced parking area.

The Superintendence of Cultural Heritage had earlier documented significant losses of original fabric, particularly within property No. 60, resulting from works carried out both without a permit and under approvals later revoked.

The SCH required that all reconstruction and remedial works be undertaken faithfully to the original building volumes and architectural detailing. This includes the treatment of traditional garden walls, staircase profiles, timber apertures, stone doorways, and other architectural and ornamental features. While the SCH indicated that minor deviations from older plans may be tolerated, this is conditional on the preservation of any surviving original fabric.

The SCH also assessed the proposed works within the garden, noting that they broadly reflect previously approved layouts. These works include the reconstruction of demolished walls, reinstatement of lost vegetation, restoration of pathways, and the positioning of ancillary structures. The SCH concluded that the proposals aim to restore lost elements while safeguarding the heritage value of the ensemble.

The Balzan Local Council took a contrasting position during consultation, insisting that works carried out without a permit should be reversed to their original state. The council also noted that works carried out as recently as in 2022 and 2023 were not in line with any permits.

“It is clear that the developer's thinking is such that they can do as they please and then request sanctioning of those works afterwards”, the council warned. It also noted that the historic garden was destroyed during the appeals process. It also objected to sanctioning the pool and decking area in historical garden.