Planning Control Officer’s Report
Application No. PC: 24/11
APPLICANT:
ARCHITECT:
DRAWING NUMBERS:
PROPOSAL:
LOCATION:
Mr. Aaron Said
Mr S. Micallef, A&CE
PC 0024/11/1B/41B
To establish the alignment, building height and
zoning of the rationalisation exercise (2006) site.
Site at Ta’ Kuxxina, Triq Frangisk Attard, Nadur,
Gozo.
Additional Notes to committee
Architects comments:
In a letter dated 12th February 2013 Architect contested condition 3 whereby
he does not agree with the application of the provisions of GZ-Edge-2 to this
site. It was argued that:
Site does not overlook a ridge;
Site is flanked by 2 storey buildings on both side without a setback on
the front elevation;
Two and three storey buildings facing the site in question also exist;
Site is hidden from long distance views;
Setback at first floor would be out of context with existing streetscape;
Local Plan Team Comments:
It must be noted that the Local Plan Rationalisation of Development Zone
Boundaries Approved Document by Parliament (27th July 2006), in Map 61
specifies that “In view of the location of Site D special attention will be given
to design parameters for this area.”
Furthermore, the Gozo & Comino Local Plan policy GZ-Edge-2 seeks to
safeguard the visual impact of development proposed at the edge of ridges
through special attention to design of building elevation overlooking the ridge
edge. In this particular case the back elevation is fronting the ODZ and
therefore the edge policy is applicable to this back elevation. This is explained
in section 3 of Appendix 1 of the local plan.
For the above reasons the Directorate is of the opinion that condition 3 is
justified due to the condition set by Parliament and the proximity to the ridge
edge.
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1.
Proposal:
The proposal is to establish the zoning, the building height limitation and
the road alignment of the rationalisation exercise site.
2.
The Site:
The site (approximately 1,166 m2) lies on the North-eastern side of Nadur,
Gozo in an area known as Ta’ Kuxxina and consists of agricultural land. Site is
located on Triq Frangisk Attard, which is perpendicular to Triq San Blas. It is an
infill site to the development zone.
3.
Current Scheme Layout
The current scheme layout involves one of the areas identified for
development in the ‘Local Plans Rationalisation of Development Zone
Boundaries Approved Document by Parliament (2006)’. Site is identified within
this document on Nadur Map 61.
4.
Ownership:
Land within the rationalisation site which is to be zoned for development
is divided into 4 segments. Two of these segments belong to the two
applicants (Mr. Aaron Said and Ms. Maria Camilleri) as stated by Ownership
Declaration Form Red 1d and Ownership Declaration Map Red 1d as
submitted by architect, applicant and lawyer.
Notifications: The other third party owners have been notified of the PC
Zoning application as per Red 1e.
Consent: The PC Application is covered by over 75% consent through
land area owned by applicants as submitted by architect, applicant and
lawyer as per ownership declaration form and ownership map at Red 1d.
5.
Constraints:
No constraints were traced from G.I.S. Nonetheless, as specified within
the rationalisation document, “In view of the location of Site D special
attention will be given to design parameters for this area.”
6.
Representations:
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A 6 week public consultation period was held from August 2011 to
September 2011 for receipt of comments or submissions from the public. No
submissions were received as part of the public consultation process.
A submission from Mr. Anthony Said, represented by his lawyer, was
received requesting the safeguard of the client’s rights of way. Although this
was received outside the consultation period, this is being catered for through
a specifically related condition.
Another late submission from Anthony and Coronata Said, represented
by their lawyer, was received requesting the safeguard of an existing shelter
on site. Although this was received outside the consultation period, action
was taken in view that no reference to the shelter has been made throughout
the process of the application in question. This issue is being catered for
through specific conditions imposed by the Heritage Planning Unit.
7.
Consultations:
7.1
Internal consultations were held within the Directorate with the
Planning Control Unit (PCU) to establish road alignment requirements.
7.2
External consultations were held with Transport Malta (TM). Whilst
finding no objection in principle, TM felt the need to have an established
turning head for private cars. The proposal was therefore amended to reflect
such concerns and part of the rationalisation site was utilised for the widening
of the road. The road as proposed is now 6 metres wide up to where the 2
metre wide alley starts. TM finds this final proposal acceptable.
7.3
In view of the presence of an underground shelter, identified
through a representation letter (submitted outside public consultation period),
consultation with the Heritage Planning Unit was carried out. The architect
was requested to carry out a survey of the underground shelter which was
verified by MEPA’s Local Surveying Unit. Following a site inspection, the HPU
recommends the proposal, subject to the following conditions:
1. A 5 meter buffer zone is retained around the extents of the shelter. No
excavation for basements will be allowed within this buffer zone.
Excavation for foundation trenches will be allowed provided a
minimum of 4m rock cover above the shelter is retained unexcavated;
2. Any pools and related structures built within the buffer zone must retain
a minimum of 4m rock cover above the shelter. No part of this 4 meter
cover may be excavated;
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3. The proposed widening of the alley off Triq Frangisk Attard should be
limited up to a distance of 5m away from the entrance of the shelter
(the one below the applicant’s property), so that the entrance can be
preserved, since the widening of the alley as currently proposed will
lead to the destruction of the built up section of the entrance and also
of part of the rock-cut staircase;
4. All excavation works on site will be monitored and a bank guarantee
may be applied to ensure no damage is caused to the shelter.
Transport Malta was re-consulted in view of the road widening affecting the
entrance to the shelter. It was noted that there is no objection for the road to
be narrowed and earmarked as a buffer zone, provided that there will be no
vehicular access form the part shaded in green on the plan.
8.
Fees Settlement:
It is noted that the applicants as advised in writing by architect have
chosen to settle PC Zoning Application Fees as per LN356/10 at the
development planning application (DPA) stage.
9.
Proposed Scheme Layout (PC0024/11/41B):
The proposed scheme layout is to zone the area for residential land use as per
policy GZ-HOUS-1 of the approved GCLP (2006).
The building height limitation for the area shall be that of two storeys. The
remaining provisions as indicated within policy GZ-EDGE-2 of the Gozo and
Comino Local Plan (2006) shall apply.
A 5m buffer zone around the extents of the shelter is to be retained, as
requested by the Heritage Planning Unit. The area around the entrance of the
shelter (along the proposed scheme road) is to be zoned as a green area,
with no vehicular access.
10.
Discussion:
10.1
Zoning
The proposed scheme layout is to zone the area for residential land use as per
policy GZ-HOUS-1 of the approved GCLP (2006). The proposed land use for
residential development follows the requirements of the Local Plans
Rationalisation of Development Zone Boundaries Approved Document by
Parliament (2006) and the policy direction of the approved GCLP (2006).
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10.2
Height limitation
The building height limitation is 2 storeys, reflecting the height of edge of
development areas as per GCLP (2006).
10.3
Alignment
The proposal provides for a strip of the rationalisation site to be consumed for
road widening as recommended by the PCU and Transport Malta. The road is
to be narrowed at the location of the shelter and a 5metre buffer zone is to
be retained around its extents.
11.
Recommendation:
This proposal (in map PC24/11/41B) is recommended for APPROVAL subject to
the following conditions:
1. Special attention must be given to the design parameters of this
area since the site resides adjacent to a ridge edge;
2. Land is zoned for residential land use following policy GZ-HOUS-1 of
the GCLP (2006).
3. Height limitation for the site shall be that of (2) two floors. The
remaining provisions as indicated within policy GZ-EDGE-2 of the
Gozo and Comino Local Plan (2006) shall apply;
4. Site shall not
considerations;
be
subject
to
Floor
Area
Ratio
planning
5. Detailed development proposals shall be subject to any legal third
party access rights through or to the site;
6. Detailed development proposals not to create blank party walls.
7. PC Zoning Application Fees are to be settled by applicants as per
LN356/10 at the development planning application (DPA) stage;
8. No vehicular access is to be permitted within the shaded green
area;
9. A 5 meter buffer zone is retained around the extents of the shelter.
No excavation for basements will be allowed within this buffer
zone. Excavation for foundation trenches will be allowed provided
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PLANNING CONTROL OFFICER‘S REPORT cont.
a minimum of 4m rock cover above the shelter is retained
unexcavated;
10. Any pools and related structures built within the buffer zone must
retain a minimum of 4m rock cover above the shelter. No part of
this 4 meter cover may be excavated;
11. The proposed widening of the alley off Triq Frangisk Attard should
be limited up to a distance of 5m away from the entrance of the
shelter (the one below the applicant’s property), so that the
entrance can be preserved, since the widening of the alley as
currently proposed will lead to the destruction of the built up
section of the entrance and also of part of the rock-cut staircase;
12. All excavation works on site will be monitored and a bank
guarantee may be applied to ensure no damage is caused to the
shelter.
This report to the MEPA Board has been prepared and checked by:
CASE OFFICER:
Samaria Bezzina
CHECKED BY: Chris Attard
SIGNATURE:
DATE:
SIGNATURE:
23/10/12
DATE:
Assistant Director: Perit Frans Mallia
SIGNATURE:
DATE:
Malta Environment & Planning Authority Minister:
Board No.___________
Held on _____________
Date:____________________________________
Chairman ___________
Secretary ____________
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PLANNING CONTROL OFFICER‘S REPORT cont.
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