Permit issued despite lack of archaeological monitoring

The Malta Environment and Planning Authority (MEPA) has complied with a request by owners to regularise the construction of a block of flats, carried out without the required archaeological monitoring laid down in the original permit for the development.

The residential block is located in Triq Antonio Mallia in Victoria, within the 50-metre buffer zone for a 4.5-metre high menhir in the outskirts of the town.

The Environment Planning Commission’s decision was not unanimous, with board member Mariello Spiteri voting against the issue of the permit, but the vote was carried by a 3-to-1 majority.

The permit to regularise the works was issued despite the strong objections of the Superintendence for Cultural Heritage (SCH), which insisted that “it could never endorse the sanctioning of the infringement of the archaeological monitoring condition”.

It also called for the permit to be refused. 

Archaeological monitoring was required as a precautionary measure to ensure that no accidental discoveries are damaged during development works. 

In fact three different planning permits issued between 2012 and 2014 specified that all work on the site required archaeological monitoring.  

But works were completed in breach of this condition.

The objection of the Superintendence was discussed by the Planning Directorate Advisory Team (PDAT), which insisted that the SCH stance did not address the situation on site, as the building has now been constructed.

Instead the PDAT asked the SCH to conduct its own investigations on whether any historical remains existed on site. This offer was not taken up by the SCH, which insisted on a refusal of the permit. Instead, the MEPA relied on photographic evidence submitted by the developer.

Basing itself on this evidence, the PDAT concluded: “It is highly unlikely that excavations have been carried out which could damage any potential archaeological remains”. Instead, MEPA has imposed an €8,100 planning gain which would go to finance a planning fund for “built heritage improvement initiatives.”