Tribunal orders applicant to reduce building depth

The Commission’s primary objection was that “the proposed development in terms of its floor area, massing, building depth and site coverage is of an excessive scale and would lead to an over development of the site.” The Commission thus concluded that the proposal was not in the interest of the amenity of the area and would therefore increase the problem of “over-development” in Sliema.

Although proposed heights are in line with policy, proposed building depth was reduced to 25 metres

In reaction, applicant appealed the decision before the Environment and Planning Tribunal, insisting that in actual fact, his proposal adheres fully to all relevant policies and planning legislation. Applicant also contended that the proposed height, scale and massing were in complete accordance with the pertinent Local Plan provisions. In addition, applicant alleged that the Authority had approved similar permits in the vicinity without any restrictions.

For his part, the case officer reiterated that although the overall dwelling sizes and proposed building heights were, at face value, in line with current policy, one should not seek to interpret planning guidelines as “blanket maximum limitations”.

In this case, a single dwelling unit was proposed to be replaced by nine dwelling units (one maisonette, six flats and two  penthouses) so as to create a demand for 18 car parking spaces when in actual fact, only seven on site parking spaces can be physically provided.

In addition, the case officer highlighted the fact that the proposed designs show a site depth of almost twice that which existed (namely, the current 25 metre depth was proposed to be increased to 41 metres). Against this background, the case officer concluded that the proposal runs counter to Structure Plan policy BEN 1 as well as DC 2007 policy 1.3. As a final remark, the case officer pointed out that, unlike in applicant’s case, the permits quoted by applicant show a plot depth of 25 metres.

In its assessment, the Tribunal observed that the dwelling in question forms part of a series of terraced houses, all which have a plot depth of circa 25 metres. As rightly pointed out by the Authority, applicant was in this case proposing a complex of apartments having a plot depth exceeding 40 metres.

Notwithstanding that the proposed heights, being equivalent to four floors above street level together with an overlying penthouse, were in line with policy requirements, the Tribunal concluded that the proposal could be favourably considered on condition that the façade is preserved and the  proposed building depth is reduced to 25 metres from the road alignment.

Robert Musumeci is an architect who also pursued a degree in law 

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