MEPA snubs heritage watchdogs to approve Mdina store

The Malta Environment and Planning Authority has overruled the advice of the newly set-up Agricultural Advisory Committee, as well as the Superintendence for Cultural Heritage, the Environment Protection Directorate and its own Planning Directorate, to approve the regularisation of an illegally built 90-square metre store.

Anthony Bonavia, who was represented by architect and government advisor Robert Musumeci, presented the application.

The store was built as an extension to an adjacent farmhouse before 1994 and is located immediately below the fortified city of Mdina, highly visible from Il-Pjazza tas-Sur.

The Superintendence for Cultural Heritage objected to the development arguing that the site was archeologically sensitive and likely to contain archaeological features and remains.

The building was subject to an enforcement order dating back to 1994.

The Agricultural Advisory Committee, set up specifically to assess “the genuine need” for any agricultural development proposed outside development zones, objected to the development, noting that there were other rooms and buildings within the applicant’s holdings which can be used as stores.

It also objected because the building was located within an area scheduled for its archaeological importance.

The Environment Protection Directorate had also objected to the sanctioning, arguing that this led to the paving of an area in front of the building.

MEPA had turned down previous applications to regularise the building as an extension to the farmhouse in 2005. In 2010, MEPA’s appeals tribunal confirmed the decision.

It was only in 2010 that the owner decided to apply under the pretext that the building was an agricultural store – and not an extension to the original farmhouse. But the application was withdrawn.

But the new Rural Policy and Design Guidelines allow MEPA to regularise illegal stores built before 1994.

The building conformed to this policy, as it was visible in aerial photos dating back to 1994. But the same policy states that in such cases the Agricultural Advisory Committee should be consulted. The AAC remained of the opinion that there was no genuine agricultural need for this development, despite a signed declaration by the applicant that he lacked any facility to store agricultural implements.

The case officer recommending a refusal of the sanctioning also pointed out that although the applicant is a registered farmer tilling 56 tumuli of land, “an agricultural store with a footprint of 90 square metres” was considered excessive.

The development was also deemed to be in violation of the Strategic Plan for the Environment and Development (SPED), which protects rural areas from any development, which adversely affects the scenic value of an area.

The development was also deemed to have a negative impact on Mdina, an important archaeological site.

The Environment Planning Commission, chaired by architect Elisabeth Ellul justified overturning the recommendation of the case officer by arguing that the building is visible in aerial photos taken in 1994 and therefore eligible for sanctioning according to the new rural design guidelines approved in 2014.

The architect was asked to submit a fresh drawing to include an unrendered 100mm-thick ‘franka’ weather-stone skin on the façade, to minimize the visual impact.