PR 09/16 | Old Milk Plant in Xewkija, Gozo

At the end of October, the Parliamentary Standing Committee for Environment and Development Planning met to discuss proposed changes to the Gozo and Comino Local Plan, specifically with respect to the Xewkija Industrial Area in Gozo. The proposal concerned a large site which the Planning Authority was proposing to re-zone from its current use for “Agricultural Products Processing and Market” to general industrial purposes as part of the Xewkija Enterprise Hub.

While seemingly a run of the mill proposal, the Kamra tal-Periti noted that the site in question houses the old Gozo MMU Milk Plant, which was designed by renowned architect Joseph Huntingford, and which includes a number of unique architectural elements inspired by the Modernist Movement. The Committee discussed the possibility of inclusion of a safeguard within the new policy to ensure the protection of those architectural features that merit retention and preservation.

The Kamra tal-Periti expressed its agreement with the introduction of such a safeguard, particularly in view of the recent destruction of the administration block of the ex-Dowty factory in Mrieħel, which building was also designed in the Modernist Style and which was demolished following approval of such demolition by the Planning Authority. Evidently, the appreciation of our architectural heritage from this period is sorely lacking, and therefore the Kamra tal-Periti exhorts the Minister to consent to the introduction of a safeguard in the policy for the Xewkija Enterprise Hub, such that those elements of the building that merit protection may be integrated within any new development proposal for the site.

  • Credit: Perit George Farrugia

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PR 08/16 | Regularisation of Existing Development Regulations, 2016

In May 2016, the Kamra tal-Periti had submitted its formal reactions to the draft Legal Notice regarding regularisation of property. It had expressed its opinion that the draft regulations included too many lacunae and vague requirements, and that it would be appropriate for the legislator to enter into specific consultation with the Kamra, as required by legislation, prior to the promulgation of these regulations. The Kamra also expressed its fears that these regulations will open the door to severe blots in our built landscape, and will serve to promote the laissez faire attitude of certain developers by condoning providing a mechanism for illegalities to become legal.

Although this procedure was presented by the Planning Authority to the profession during a recent information meeting organised by the Kamra tal-Periti for its members, it is with regret that the Kamra tal-Periti notes no specific discussions were undertaken to address such concerns, and that most of the concernrs raised have not been addressed. These include:

  • the fact that the Legal Notice contains many vague statements which give the impression that anything can be regularised, making no distinction between minor irregularities (such as those previously covered by a CTB Concessions) and major ones;
  • the term ‘regularisation’ itself is not defined, neither in the Legal Notice, nor in the main Act;
  • there appears to be no provision for public consultation on individual applications, nor for consultation with various authorities such as the Superintendence of Cultural Heritage, the National Commission for Persons with Disability, and others;
  • there appears to be no mechanism for third parties to register an interest in an application unless they had previously reported the illegality to the Authority, and third parties do not have a right of appeal;
  • although some media reports have given the indication that decisions on these applications will be taken at public sittings of the Planning Board, this provision is not specifically stipulated in the Legal Notice;
  • while ODZ properties have been excluded, properties which are located within Urban Conservation Areas or which are themselves scheduled have not been excluded;
  • the main criterion on the basis of which the Authority will determine an application is whether or not it constitutes an ‘injury to amenity’, which is an entirely subjective criterion that it open to wide interpretation;
  • if an application is refused, the applicant is refunded a percentage of the fees of the application, however there is no obligation for the Authority to issue an enforcement notice and/or to request the removal of the illegality.

All of the above observations, and others already published by the Kamra tal-Periti during the public consultation phase, render these new regulations unclear and widely open to interpretation. Above all, they also fail to address the importance of promoting quality of our building stock by allowing illegalities which fall well below the minimum requirements of established regulations to be regularised and made legal.

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PR 07/16 | Chamber representation on Lands Authority Board of Governors (2)

The Kamra tal-Periti expresses its disappointment at the fact that the proposal regarding the appointment of professionals on the Board of Governors of the proposed new Lands Authority, namely that these should be nominated by their respective Chambers, and not appointed directly by the Minister, was rejected. This was a missed opportunity to ensure the impartiality of the Board through the independence of these appointed professionals from the Government of the day.

The Kamra tal-Periti takes this opportunity to remind its members of their obligation to uphold professional standards at all times above anything else.

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PR 06/16 | Chamber representation on Lands Authority Board of Governors

Reference is made to the ongoing debate on Bill 166 regarding the proposed establishment of a new Lands Authority, and in particular to the proposed composition of the Board of Governors which envisages the appointment by the Minister of three professionals, namely a perit, an advocate and an auditor of recognised standing.[1]

The Kamra tal-Periti strongly recommends and supports the proposal that such professionals should be nominated by their respective Chambers, and not appointed directly by the Minister. This will ensure independence of these professionals from the Government of the day. This proposal will also ensure a double level of accountability of these professionals towards the Board of Governors and also towards the profession which they represent.

[1] Article 10 of Bill 166

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PR 05/16 | The Kamra tal-Periti urges Government to introduce building regulations that reflect contemporary needs

The Kamra tal-Periti welcomes the fact that many of its proposals submitted during the consultation period regarding the new Health & Sanitary Regulations were taken on board by the legislator. These included, in particular, its request that Planning and Development Control, which deals with issues of built form and layout, is clearly distinguished from Building Regulations and Control, which regulates the construction process itself and the qualitative performance of a building.

The Kamra hereby reiterates its position, however, that the very concept of sanitary regulations, which dates back to 1865, is archaic and was superseded by planning law and the tremendous advancement in construction technology and materials over the past 150 years. Today’s society is no longer concerned with the health matters prevalent in the Victorian period which the sanitary regulations sought to address. Rather, it is interested in addressing contemporary issues such as air quality within buildings, waste management, energy performance, thermal comfort, humidity, noise pollution, and mental health through appropriate building regulations and standards.

Moreover, the Kamra emphasises its position that building regulations should fall under the exclusive remit of the Building Regulation Office, and not the Planning Authority. The role of the two entities should be clear and distinct.The Kamra tal-Periti makes reference to its correspondence with government on this matter, and highlights its understanding that these new regulations are intended as an interim measure until they are replaced by adequate building regulations to address these matters. The Kamra therefore invites government to enter into discussions with the Kamra and all other relevant stakesholders in order to establish how the role of the Building Regulation Office can be strengthened to ensure that modern building regulations in line with European standards can be brought into effect.

This is of particular concern in the context of the several development permit applications for high-rise buildings and large-scale projects; expecting that high building and urban quality could be achieved by reduced clear internal heights, or by reduced backyard depths, is a dangerous route to take, since this will affect the building legacy of the future. The KTP reiterates its appeal to Government to reject lobbies seeking short-term benefits in favour of carefully thought through policies which safeguard the quality of the urban areas and the wellbeing of our communities for the future.

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PR 04/16 | Solidarity with Chamber of Architects of Turkey (CAT)

The Kamra tal-Periti is gravely concerned to hear of the recent events in Turkey wherein 15 members of the Chamber of Architects of Turkey (CAT) were held under arrest in an incident which appears to have been instigated by the Chamber’s criticism of the Turkish government’s urban policies. The Kamra tal-Periti strongly condemns any form of threat to freedom of expression, particularly towards a professional Chamber whose role is to ensure quality of the built environment for the better good of society.

The Kamra tal-Periti endorses the statement published by the Architects’ Council of Europe (ACE), of which it is a member, and expresses full solidarity with its colleagues in Turkey.

ACE Statement

The Architects’ Council of Europe expresses grave concerns following the arrests at the Istanbul Chamber of Architects

On Tuesday 31 May, police arrested 15 people in the building of the Istanbul Chamber of Architects, including the President of the Chamber of Architects of Turkey (CAT) and Board Members and employees of the CAT Istanbul Branch. The Architects’ Council of Europe (ACE) expresses grave concerns at this event.

Local media reported that, on Tuesday 31 May, CAT executives were detained for having resisted  the eviction of the office of the CAT Istanbul Branch, located in Yıldız Palace. The eviction resulted in the detainment of 15 people, including CAT President Eyup Muhcu and Mücella Yapici, Secretary of the CAT Environmental and Social Impact Committee, both prominent figures in the Gezi movement, as well as several Members of the Executive Board and employees of the CAT Istanbul Branch.

While reluctant to comment on domestic affairs, ACE is deeply concerned at what appears to be an overreaction to what began as a peaceful opposition to government’s urban policies. Architects’ chambers play an important role in the defense of heritage and quality in the public interest and as such we feel that professional solidarity is an essential expression of this role.

“This unprecedented act of intimidation against the architectural profession in Turkey is surely disproportionate and certainly unacceptable in a country that aspires to join the European Union”, said Luciano Lazzari, ACE President.

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PR 03/16 | Planning Authority’s reply unsatisfactory

The Kamra tal-Periti notes that the Planning Authority’s reply to its press release of the 11th May 2016 enters into a long-winded recount of various meetings held with the Kamra over the past months. However it blatantly fails to comment on the subject of the Kamra’s statement, namely that the revocation of the Development Notification Order (DNO) was carried out without consultation with the Kamra tal-Periti, and this in breach of the Development Planning Act.

The Planning Authority is reminded that, at no point during the meetings held this year did it consult with the Kamra tal-Periti about the intention to revoke the Order in its entirety leaving a legal vacuum in the interim. The Kamra tal-Periti denies having been consulted on the new draft Development Order and on the revocation of the 2007 Order, and reiterates that this is a specific obligation of the Executive Council of the Planning Authority arising from the Development Planning Act.

The Planning Authority also failed to comment on the fact that as of Monday 9th May 2016 it was not accepting new DNO submissions, leaving the profession and the public in the dark as to when and how the new DNO regulations will be promulgated. This means that until such time as the new regulations are in place, certain works which were considered as permitted development under the Order, such as minor internal alterations, cannot be undertaken today since this would constitute illegal development in view of the revocation of the Order which regulated these types of works.

Download KTP Letter to PS Deborah Schembri
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PR 02/16 | Planning Authority in breach of obligation to consult

The Kamra tal‐Periti strongly deplores the fact that the Planning Authority is failing to carry out proper consultation with it on matters relating to planning application procedures.

In particular, it condemns the fact that the Development Notification Order (DNO) of 2007 was unilaterally revoked through Legal Notice 164 of 2016 without any form of prior notice, and this specifically in breach of the provisions of Article 55 of the Development Planning Act which oblige the Executive Council of the Authority to formally consult with the Kamra tal‐Periti.

As a result of this complete disregard for stipulated legal obligations, members of the profession are not in a position to advise their clients in an adequate and informed manner, and this situation has also created a vacuum since the Authority is not currently accepting any new DNO submissions until a new Legal Notice is published to replaced the now defunct Order.

The Kamra tal‐Periti calls on the Government to immediately withdraw the said Legal Notice and to ensure that all provisions of the Development Planning Act are adhered to.

The Kamra tal‐Periti further calls on the Executive Council to consult with the Kamra in a proper manner, not only because it is obliged to do so under the Development Planning Act and under the provisions of the Periti Act, but more importantly because proper and adequate consultation with the profession ensures transparency, which is paramount in the planning process.

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PR 01/16 | MEPA Demerger

Reference is made to the press conference held on the 4th April 2016, wherein the Hon Dr Deborah Schembri announced the official demerger of MEPA into two separate Authorities, namely the Environment and Resources Authority which was established earlier this year, and the newly established Planning Authority.

As it has stated on various occasions, the Kamra tal-Periti is of the opinion that the success of any reform of the Authority responsible for land use planning and development permitting goes beyond the detail of legalisms, and will depend primarily on the accountability, professional conduct, competence, experience and qualification of the officials charged with these matters, and on the overall intention of the legislator to truly achieve sustainable development through a holistic approach rather than one which panders to the self-serving interests of the various players in the sector. The Kamra tal-Periti therefore looks forward to the coming months which will reveal whether, in practice, the demerger of the MEPA will effectively result in a better quality of the planning process and ultimately, an improved quality of our built environment. In this regard, the Kamra tal-Periti reiterates its availability to continue to discuss with the newly established Planning Authority, the Environment and Resources Authority and the legislator towards ensuring a smooth transition and an improved quality of service.

The Kamra tal-Periti notes with satisfaction that a number of its recommendations over the past months have been taken on board, in particular its strong advice that the building regulation function, which primarily concerns the regulation of the construction process and detailing of buildings, should not be merged with the planning function which primarily concerns issues of land use, building volume and public amenity. In this regard, the Kamra tal-Periti notes that the provisions of the Act which will establish the proposed Building Regulation Committee within the new Planning Authority will not be brought into force immediately, and that the current Building Regulation Board and Building Regulation Office will continue to function for the time being in their current format. This is a welcome interim approach, and the Kamra tal-Periti looks forward to continue to discuss this matter with the legislator in the coming months.

On the other hand, the Kamra tal-Periti notes with grave disappointment that its strong disagreement, as expressed in various meetings with the legislator and in correspondence in this regard, regarding the establishment of the Design Advisory Committee has been ignored. The Committee as established in the Act goes completely against the concept which had been proposed by the Kamra in recent years, and which had received support from both main political parties. The Kamra’s proposal contemplated the introduction of Design Review Panels, which would be independent of the planning process and of the Authority, which would constitute a system of peer review, which would be obligatory for public projects and voluntary for other projects, and which would take a holistic approach towards reviewing the quality of projects brought before the Panels, in the interest of society at large. It is the Kamra’s opinion that the Design Advisory Committee as contemplated in the Act will not achieve any of the aims that the Kamra and its members hold dear, and will rather end up being yet another bureaucratic process, which has no real impact on the quality of the built environment.

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