1929 ecclesiastical document invoked to ‘grace’ new dwelling

There is no limit to the imagination when it comes to invoking the maligned ODZ policy which the Planning Authority is in the process of discarding which permits the conversion of countryside ruins in to dwellings if owners submit proof that countryside rooms where ever used as dwellings.

All kinds of proof of past residence have been presented in the past six years including vague reference to properties in old electoral registers dating to the beginning of the century and even affidavits by relatives and priests to prove past residential use.

In a recent case involving the redevelopment of 3 rooms with collapsed roofs which is still being processed by the PA, architect Alexander Bigeni submitted an ecclesiastical document from the Xewkija Parish office showing addresses and people living in a particular street who had received grace at their homes in Easter time.

Architect Alexander Bigeni contends that this particular document dated 1929 shows that the family of Paolo Vella, known as Ta’ Lola’, resided in Strada Mgarr ix-Xini, which he claims to be the previous name for the street where the property in question is located. Paolo and Caterina Vella had five children while residing at this location. The Architect continued in explaining that consequently the family moved to another place in Xewkija were they had another nine children.

The architect also submitted contracts explaining the timeline of how the property was transferred from the owners Giuseppe and Francesco Attard to Paolo Bonnici in April 1929 and consequently to Paolo Vella in April 1932.

Paolo Vella who died in 1971, was inherited by his children. Pauline Abela, the current applicant, later purchased the property from Emanuel Vella, the son of Paolo Vella.

The case officer has expressed doubts on these claims because there is no conclusive evidence that the rooms on site have at some point in time been used as a residence. Furthermore, the ecclesiastical document submitted as the only evidence for habitation lacks a direct link to the site and property being referred to in the document.

But although the case officer called for an outright refusal the planning commission had asked the PA’s legal section on the proof of residence submitted by the architect.  The application is currently suspended until the reasons for refusal are addressed and clearance is obtained from Superintendence for Cultural Heritage.

ERA had strongly objected to what it described as “the contorted practice of using the existing structures as stepping stones to obtain the permit and convert them into a dwelling”.

The applicant is not proposing any substantial additions to the present structure limiting the works to the reconstruction of a collapsed roof, minor internal alterations and the creation of paved area. But approval would mean that the ruins would be eligible to future permits including that for an ODZ pool apart from appreciating in value thanks to the change of use.

The existing rooms have a footprint of approximately 64 sq.m, with an internal floor area of approximately 36 sq.m.

The proposed development is located outside the development zone, on a corner site along Triq il-Kanal and Triq tas-Salvatur, in the limits of Xewkija in Gozo. The area is characterized by agricultural land, which is relatively open and unspoilt.

Policy 6.2A of the rural policy approved in 2014 allows for the rehabilitation of an existing building outside the development zone subject that the building dates before 1978 and the proposal does not involve substantial lateral or vertical extensions.

A building can only be converted into a dwelling if the existing building should have a minimum habitable area (roofed internal space between walls) of 100 sq.m. In this case the existing rooms have an internal floor area of just 36 sq.m.

But the same policy stipulates that the converted building can be put to a  use “already legally established”.  This is why architects have presented proof of past habitation.

The policy is currently being changed with this abusive loophole being removed from planning regulations.  But till the new policy is approved the PA will still have to assess pending applications according to the old policy.