MEPA has the obligation to maintain scheduled properties – FAA

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Update: Flimkien ghal Ambjent Ahjar, during a press conference held this morning, said that it is heartened by the announcement that four dilapidated Government-owned properties are set to be restored by the private sector in Marfa, Mgarr, Mtarfa and Mosta, and urges the Government to ensure that “the new uses are in keeping with the context.”

FAA said that similarly a scheme has been launched for Councils to propose projects for the restoration of buildings and monuments of a historic and artistic value within their boundaries.

“However these schemes do not provide for property all over the islands that is in private hands, and, as in the case of the Naxxar church square house, in many cases these houses are being allowed to decay to the point that developers can successfully argue at MEPA that the property has to be demolished because of its deteriorated state.”

FAA asked, “MEPA has the obligation to maintain such scheduled properties, and if not to step in and carry out the restoration itself. Why is it refusing to do so?”

The NGO said that these properties include:

the Garden Battery, part of the GAP Fort Cambridge project

The fortification behind The Point

Id-dar tas-Soru

San Souci at Marsaxlokk

Australia Hall, Pembroke

Villa Guardamangia: The villa that Queen Elizabeth lived in at various times between 1946 and 1953 when she stayed in Malta.

and many others

“Moreover,” FAA stated, “some years ago, the previous Government had proposed the White Paper on Public Domain, by which the Government would ensure the preservation of heritage by purchasing at market prices properties that are important to Malta’s history, architecture and collective memory. Why was this law never enacted?”

FAA also called on the Authorities to re-launch grants for the restoration of heritage buildings. “The owners of scheduled properties are guardians of our heritage, but cannot be expected to bear this burden on their own. The much-needed balconies grants would help stem the deterioration of balconies, an iconic feature of our historic townscapes all over Malta and Gozo.”MEPA has the obligation to maintain scheduled properties - FAA“We add that trees also form part of our heritage and condemn MEPA’s continued refusal to step in to ensure the survival of the trees at it-Tokk, Gozo,” said FAA.

“The Government does not hesitate to purchase private property for road projects, are roads more more precious that our heritage, which is the cornerstone of our identity and tourism industry?” FAA asked.

FAA gave details of the Development Planning Act: Degree of Protection:

The Structure Plan for the Maltese Islands December 1990 Archaeology Class A: Top priority conservation. No development to be allowed which would adversely affect the natural setting of these monuments or sites. A minimum buffer zone of at least 100m around the periphery of the site will be established in which no development will be allowed.

Heritage Grade 1: These buildings are of outstanding architectural or historical interest that shall be preserved in their entirety. Demolition or alterations which impair the setting or change the external or internal appearance, including anything contained within the curtilage of the building, will not be allowed.

(6) In respect of any scheduled property, the Authority shall also have power to require the owner, by notice in writing, to undertake such works generally, or as may be specified in the notice, as may be necessary to ensure that no further deterioration occurs. In default, the Authority may give a further notice to the owner to carry out and complete the works within a specified time, and if the owner is still in default it may itself carry out, or cause to be carried out, the necessary works and recover the cost thereof from the owner of the scheduled property.

WHITE PAPER: The Public Domain, Classifying Public Property – Achieving a Qualitative Leap in Protection and Governance

movable things having cultural, social, archaeological, artistic, ecological, environmental or historical importance, including collections of museums, art galleries, archives and libraries; and (j) generally things belonging to the Government which serve direct and immediate public and collective utility or which should be preserved for future generations because of their public nature, common social, historical or cultural nature, environmental importance or natural or strategic importance.

In Clause 2(2), the draft Bill contemplates a coastal perimeter around the whole island and caters for both that part of the island which touches the sea and is susceptible to be covered by a wave, as well as the areas above cliffs and landmass, not affected by waves. The traditional concept of foreshore is intimately connected to the effect of waves and is necessarily at sea level.

Update: Government statement

The Government said that it has already started the process to restore the property at Pietà where, Queen Elizabeth had stayed at different times.

The Government said that it had already had surveys carried out on the property and estimates had been received on the costs to restore this property.

This villa is however, private property and the Government has no title on it. This creates legal complications even with the owners, the Government said.

The Government added that it also initiated a process of expropriation to acquire this villa, with all the appropriate compensation. “This is because the Government believes that this property is of historical heritage for our country.”

“It is unfortunate that certain details made in today’s press conference gave the impression that the Government was not taking any action, if FAA had first checked the details, it would have been given the correct information about Villa Guardamangia,” the Government concluded.

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