Ghaxaq council objects to Piju Camilleri’s penthouses

The Ghaxaq local council has objected to the addition of a penthouse level in a plot of land belonging to Piju Camilleri, a notorious former aide of the late former planning minister Lorry Sant. 

In its submissions to the Malta Environment and Planning Authority’s proposal to relax building heights on this particular plot, the council is insisting that the current three-storey limit and ban on penthouses is kept.

Moreover, a case officer report reveals that over the past few years, MEPA has “consistently applied” the MEPA board’s direction that new buildings on formerly ODZ plots included in development boundaries in 2006 should be of the same height as neighbouring buildings, or lower.

But the same MEPA is now arguing that its own planning control application to allow penthouses on Camilleri’s land should be assessed on “its own merits” and should be based on the present government’s decision to allow penthouses in this area.

MEPA is presently facing a court case instituted by Camilleri who is alleging that the planning policy against penthouse development on his property is “abusive and discriminatory”.

But now it is other property owners who are feeling discriminated against due to the change of policy in Ghaxaq.

In a written submission, an objector has asked MEPA whether the new height policy applying to this particular parcel of land signifies a change in the policy direction on the building heights on all rationalisation sites.

“In other rationalisation areas MEPA is still insisting that the building height should be similar to existing surrounding buildings, which in this case at Ghaxaq is still two floors,” the written objection presented to MEPA states.

Insisting that, “what is good for the goose is also good for the gander”, the objector added that he would retract the objection “if MEPA treats other rationalisation sites similarly”.

The Ghaxaq land saga

The land was controversially included in development boundaries by a PN government in 2006.

The local plan approved in 2006 permits three-storey development and penthouses in this area of Ghaxaq, which is still characterised by two-storey dwellings.

But the Cabinet criteria for the 2006 extension of building boundaries states that the height limitation in these formerly ODZ plots should not only reflect that of neighbouring properties, and should be lower to soften the impact on the development zone edge.

Initially the Planning Directorate applied the local plan policy to allow three-storey developments plus penthouse level on a number of rationalisation sites, such as the one in Ghaxaq.

But in October 2008, the Planning Minister wrote to MEPA recommending a two-storey limit on these sites insisting that MEPA should adhere to the Cabinet’s rationalisation memo.

According to the minister’s interpretation, the building height for all rationalisation sites ought to be similar to or smaller than the predominant height in the area, rather than the maximum height stipulated in the local plans.

This policy was adopted by the MEPA board and was applied to all sites included in the rationalisation exercise.

In fact, the case officer report states that the direction given by the MEPA board in 2008 was thereafter “consistently applied”.

In fact, in November 2008, MEPA proposed a two-floor limit on development on the Ghaxaq land parcel. But following protests by the owner, this was revised to three floors, but a clause was introduced to ensure that no penthouses are developed on this site.

In this way, the development would still be lower than adjacent buildings, as suggested in the policy direction given by the previous government.

MEPA has already approved an application presented by Ludwig Camilleri in 2006 and approved three years later, for the construction of 47 basement garages and semi-basement garages, two shops and 48 residential units on the formerly agricultural area.

Although the new height limitation policy applying to this land parcel has still to be approved by MEPA, a screening application for the construction of a number of penthouses was presented on 16 April 2014.

Camilleri is presently contesting a newly-issued MEPA policy banning ODZ cemeteries due to his interest in building a cemetery on land between Attard and Rabat.