The widening of the Planning Commission’s responsibility to include applications for developments that fall partially in Outside Development Zone areas has prompted concerns for Gozo’s skyline and traditional townscapes.

Planning sources said that, given the commission’s track record, the move has implications for “sensitive” cliff-edge developments on the island that run along development boundaries. The commission is chaired by Elizabeth Ellul, who has faced calls to resign after she rejected recommendations to refuse the controversial Qala application – because it jarred with all relevant policies – and then, as a member of the Planning Board, voted in favour of granting a permit.

The permit gave developers Joseph Portelli and associates the green light to turn a ruined room in an ODZ area near Qala into an expansive villa with swimming pool.

The planning sources pointed out that although a scattering of mainly small-scale ridge developments in Gozo have in the past fallen partly in ODZ, larger-scale, more brazen intrusions proposed by large developers have been permitted by the commission, despite the Planning Directorate’s re-commendations for rejection.

Three of these large developments, located on Xagħra’s cliffs, were recently approved to property magnate Joseph Portelli and his associates.

The president of the heritage NGO Wirt Għawdex, Giovanni Zammit, expressed alarm at an apparent new trend of approved permits to build large apartment blocks on ridges in various villages.

The latest applications include cliff-edge developments in Żebbuġ, Xagħra and Nadur, he said.

He said such developments were changing both the skyline and the landscapes of picturesque villages.

“This is further taking away the uniqueness of our villages, and indeed, all that is attractive and charming in Gozo itself.”

1. Xagħra flats extending into ODZ land

Marketed as Ħal-Egħżien, this four-storey block of 21 flats in Xagħra has a communal garden and pool at the back. Almost half of the site lies in ODZ – the development juts more than 20 metres into ODZ terrain overlooking a lush valley.

The Environment and Resources Authority had called on the block to “be contained within the boundaries of the development zone” while the planning directorate’s technical report had recommended refusal because the project extends “beyond the development boundaries.”

Yet, approval was granted – in two stages. The first permit was given for the construction of the block and a second to change a “water feature” to a “communal pool”, approved last month.

While both applications were submitted by Eric Grazio Saliba, the property has been marketed on Facebook by J Portelli Projects, which belongs to Joseph Portelli, and by partner companies Agius Projects Ltd, belonging to Mark Agius of Ta’ Dirjanu, and DTX Projects, whose sole shareholder is Daniel Refalo. They are the same associates who own the land in Qala that received a permit for a pool villa.

On the Facebook page, the “communal pool” has been marketed since August 7, 2018 – more than a year before a permit for the pool proper was granted last October 4. All flats have already been sold off-plan. Foundations of the block are currently being laid.

2. Eight cliff-clinging storeys 

Excavations started last week on an imposing block being marketed as The Valley Residence in Xagħra. The seven or eight-storey block of 24 flats oddly attracted little attention at application stage.

The ERA made no submissions, but the case officer recommended refusal.

A senior planner, who spoke on condition of anonymity, expressed shock at approval of the development which spills down the inland cliff and sits among dense maquis vegetation. Ecologists consider the maquis as one of the chief natural habitats in the islands.

The planner said that cliff-clinging buildings of such magnitude had supposedly been consigned to history with the publication of policies in 2006 which deal with sensitive areas “where the edge of a development zone lies in close proximity (or coincides with) a ridge edge”. The policies attempt to avert massive built structures abutting ODZ countryside.

Although the site lies within development zones, the planner said he could not think of another block of flats of such magnitude being granted permission on cliff edges in Gozo since 2006.

The Design Advisory Committee and Superintendence of Cultural Heritage both expressed unease about the magnitude of back aspects of The Valley, with its seven-storey height and 40m horizontal span.

The case officer said the proposal jars with cliff-edge policies and in his reasons for refusal observed that the flats at lower level are more than the 15 metres below ground permitted by planning law.

However, the commission said “there is adequate light and ventilation and outlook from the back terraces”.

It invoked an exception in the law which provides that “in particular circumstances the authority may deviate from the exact definition of these regulations, if there are justified planning and sanitary reasons for this departure”.

In the photomontage presented to the Planning Authority, the lowest levels of the block of flats nestle among existent dense maquis habitat. But in the promotional video of The Valley on Facebook there is a stretch of lawn with garden furniture outback – this does not feature in the application. 

The permit was granted last April to Jessica Agius, wife of Mr Agius.

In videos on Facebook, the logo of J Portelli Projects is featured prominently at the end of the video.

3. Six floors spilling into ODZ land

In the same village, construction has yet to start on a six-storey block of 19 flats for which a permit was issued to Mr Agius.

The block is being marketed by all three partner companies.

The application was roundly opposed by Wirt Għawdex, Heritage Malta, ERA and the Superintendence for Cultural Heritage.

The objectors highlighted the spill into ODZ land – by roughly half of the 43-metre long bulk of the block, with a swimming pool and terrace extending 10 metres further than any of the neighbouring properties.

There is also a cave on the site, which represents “significant evidence of the historical interaction between human activity and the cultural landscape”.

Despite the directorate’s recommendation for refusal, Elizabeth Ellul’s planning commission issued a permit last June 25.

4. 58 hotel rooms on a Marsalforn valley ridge

In an older application, granted last year, a 58-room hotel perched on the ridge overlooking Marsalforn valley – with four storeys in front, six storeys at the back and wide frontage – was deemed acceptable by the planning directorate in terms of bulk.

Parts of the hotel, including the pools, spill over ODZ lines and these were assessed in conformity with Rural Policy and Design Guidance.

Yet, the directorate still recommended refusal on a holistic basis – the report cites the objective “which requires the safeguarding of cultural heritage/geology by controlling activities which have an impact on areas/site.”

It also mentioned the destruction of an old farmhouse. 

Permit was, however, granted by Ms Ellul’s commission after the applicant undertook to dismantle, relocate and reassemble the farmhouse.