1995 ‘height document’ takes precedence

The Commission highlighted that the proposed building envelope is incompatible with the surrounding urban characteristics.

In its assessment, the Commission observed that the building plot has a frontage on two streets set on different levels as a result of which, the building profile is required to be “stepped down” in consistence with the sectional topography (Policy 2.3 of the Development Control Policy & Design Guidance 2000).

Moreover, the Commission held that the proposed development runs counter to Structure Plan policy UCO10 in that it would adversely affect views of the Urban Conservation Area and detract from the traditional urban skyline, thus failing to maintain the visual integrity of the area in violation of Structure Plan policy BEN 2.

In reaction, the applicant lodged an appeal before the Environment and Planning Tribunal, contending that if one had to consider a 50-metre radius from his location, the predominant height is equivalent to three floors. In support of his argument, the applicant cited a number of permits that were approved in recent years.

For its part, MEPA insisted that the permits quoted by the applicant were issued before the 2006 Local Plans came into force.

In its preliminary assessment, the Tribunal underlined that planning decisions need to be determined in accordance with the relative Local Plan provisions that are in force at the time of decision.

Nevertheless, the Tribunal observed that the permits quoted by the applicant, although issued prior to the 2006 Local Plan, were approved in the light of the provisions contained in the 1995 “Development Control within Urban Conservation Areas”.

The Tribunal added that the said document was never repealed, so much so that reference to it is expressly made in the Local Plans. On this basis, the Tribunal maintained that the precedents quoted by the applicant cannot be overlooked.

After considering all the above circumstances, the Tribunal ordered MEPA to issue the permit subject to the applicant submitting fresh plans showing a recessed one-bedroom unit at second floor level, having a 4.25-metre setback from one side and a 2.5-metre recess from the rear façade.