Żurrieq residents objecting to a pencil development rising in a street of terraced houses have cited a landmark court judgement that blocked a similar plan in Santa Luċija when making their case.

The Żurrieq application, PA/01708/23, seeks to demolish an existing terraced house and build a five-floor apartment block on a site at Triq Franġisk Coleiro and Triq Gio Batta Saydon.

However, a group of residents is objecting to the development’s height, saying that it will ruin the streetscape, which consists of terraced houses of not more than two to three floors.

Writing on behalf of the residents, architect Kurt Sammut Alessi said that while the group is not against the plot being developed, its proposed height is excessive.

“The residents are well aware that should such a development be given the green light, they can profit from monetary gains in terms of an increase of property prices of the surrounding area, and understandably enough, permission for additional storeys equals more revenues," he said.

"However, on the other hand, they are concerned that it could pave the way for others to follow suit, thus ruining the aesthetics and congruence of one of the prime areas of Żurrieq.

“After weighing the advantages (monetary gains) as opposed to the negative impact detriments, such as visual intrusion and the possibility of a denser area, might leave, the majority of the residents are more inclined to opt for a more sensible decision, that is, the safeguarding of the environmental aesthetics and thus maintaining their healthy quality of life.”

The majority of the residents opt for maintaining their healthy quality of life

Residents cited a judgement by Chief Justice Mark Chetcuti concerning a proposed development in Santa Luċija.

Last March, Chetcuti overturned a decision to allow a five-storey pencil building in a street characterised by terraced houses.

The court ruled that new buildings must respect the context of their surroundings and that planners need not automatically grant the maximum height permitted in an area’s local plan.

Żurrieq residents say the application they are objecting to meets similar criteria.

The Żurrieq local council is also opposing the project, saying it is unsuitable for an area characterised by terraced houses.

The objection, signed by mayor Rita Grima, urged the Planning Authority to take this into consideration when deciding on the application, similarly citing the Santa Luċija judgement in its representation.

“In its sentence, the court makes it clear that although the ‘height limitation’ in the South Malta Local Plan is ‘a requisite limiting the maximum height’ in a particular area, it does not on its own determine what kind of development is suitable in any particular area.

“The sentence makes it clear that although development may adhere to the height limitation in the respective Local Plan, it could still be in breach of other policies which cannot be overruled simply because the height limitation is respected,” the council said.

The planning directorate case officer, however, does not appear to have taken these objections into consideration when addressing height limitation for the project, quoting the South Malta Local Plan. The local plan, the case officer argued, allows for three floors plus a semi-basement, which is equivalent to 17.5 metres in height, with a façade height of 14.10 metres. As the development does not exceed this, the case officer decided that the proposal is in conformity with local plan designations for the area.

The application has been recommended for approval by the case officer.

The case is set to be heard by the planning board on August 30.

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