The owner of a site with an abandoned building in the heart of a protected valley, who wants to turn it into a lavish villa with a pool, has appealed the unanimous rejection it received from the Planning Commission in July.

Boasting unobstructed sea and valley views, the proposed Wied Għomor project, set on four tumoli of land, was being marketed online for a hefty €5 million.

On behalf of owner Christian Ganado, architect Robert Musumeci filed an appeal against the decision to reject the proposal to turn the abandoned structure off Triq il-Kaffis into a villa and swimming pool with landscaping.

The appeal is based on the question of whether the building, which never had any apertures or water and electricity, was a “legally-established residence” as laid down in planning laws.

Musumeci is insisting it was, basing his argument on a document issued by the Planning Directorate in November 2002 when then assistant director Stephen Farrugia had said the building should be considered as such.

The letter states the structure was meant to serve as a residence and be a “showhouse” for similar buildings planned for the surrounding area.

According to a real estate listing, the €5 million property was to be located in a quiet, residential area, enjoying a private drive, a flowing living space, four spacious and naturally-lit double bedrooms, a wine cellar, a games room, a large garage and an infinity pool.

Planning Authority records show that the illegal construction was served with an enforcement order, which was withdrawn in 2017 following “legal advice and instructions”.

In his appeal, Musumeci argued that the building can be seen in 1978 aerial photographs, as required by law, and he cannot understand how the commission concluded it was not legally established.

A report prepared by the Planning Directorate says that although the existing building is visible in aerial photos from 1978, it was not visible in earlier survey sheets.

Along with the appeal, Musumeci asked the Planning Review Tribunal to consider the application based on downscaled plans.

During July’s sitting, Swieqi council representative Anton Valentino had described the structure as “little more than a pile of stones”, with no water, electricity or drainage connections.

 “Whether it was a showhouse or not, it was built illegally,” he had insisted.

The proposed development was strongly opposed by the Environment and Resources Authority because it would “set an undesirable precedent for proliferation of similar ODZ developments, resulting in cumulative urbanisation of the wider rural environment, ruining the rural character and the overall natural state of the area”.

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