DPC approves extended hours for jetty demolition, but rules out 24/7 operations

The Development and Planning Commission has approved a Government application for revised working hours for the demolition of Extension Jetty No. 3, North Mole, after environmental authorities warned that 24‑hour operations would cause “undoubted” disturbance to nearby residents.

The works, to be carried out in two phases, are due to start on 15 August and run until 5 November.

Presenting the application Deputy Town Planner Christopher Key said that under the existing planning conditions, noise generating construction activities are restricted to standard hours of Monday to Friday 8am to 6pm, Saturday 10am to 6pm with no works on Sundays or public holidays, unless otherwise approved.

The applicant had sought to vary this condition by dividing activities into “limited” and “non‑limited” works based on anticipated noise levels.

Limited works, which are works that are expected to exceed 75 decibels, was requested for the hours of 8am–8pm on weekdays and 9am–9pm on weekends and public holidays.

Non‑limited works, which are works expected to remain below 75 decibels, was requested for 24/7.

The applicant argued that extended hours were necessary to complete the programme on time, improve efficiency and avoid an anticipated three‑month delay if restricted to standard hours. They also maintained that noise levels would be in line with the existing port environment.

However, the Town Planning Department raised concerns about the “intensive nature” of both limited and non‑limited works over a three‑month period, noting the close proximity of residential areas including Harbour Views, Westview Park, Europlaza and Waterport, located between 160m and 350m from the site.

“We consider that there would be little respite for a number of residents located in close proximity to the site,” said Mr Key when reading the Town Planner’s report.

The department also reported receiving a letter from the Gibraltar Community for Responsible Harbour Development seeking clarification on predicted noise, vibration and lighting impacts, proposed mitigation and monitoring measures, and how residents would be informed and complaints handled. Although the letter could not be formally considered under the Town Planning Act, its concerns were aired.

Both the Department of Environment and the Environmental Agency said they could not support 24‑hour working due to the presence of “sensitive receptors” nearby and the disturbance that would “undoubtedly” be caused. The Environmental Agency further questioned the justification for around‑the‑clock removal and lifting operations, warning these would cause disruption during silent hours.

Due to these concerns, Town Planning recommended a compromise with limited works to be allowed weekdays 8am to 8pm and Saturdays 9am to 9pm with no works on Sundays and public holiday. And non‑limited works weekdays 8am to midnight, Saturdays 9am to midnight, Sundays 10am to midnight with no works on public holidays.

It was also noted that removal and lifting operations should not take place during extended hours stating that a recent experience of crane and barge use outside permitted hours led to residential complaints. They also called for a ban on fog lighting on the barge at night, with any necessary lighting to be directed downwards and away from residential estates.

A “a real‑time monitoring station” at an agreed receptor point, with data shared with the Environmental Agency on a weekly basis was also requested by Town Planning.

The noise management plan will have to be updated to reflect the Commission’s final decision and uploaded to the planning portal so the public can see the permitted activities, monitoring arrangements and complaint procedures.

During the discussion on the application Janet Howitt from the ESG said she welcomed the tighter approach, noting that many of her earlier concerns had been addressed. However, one of her concerns was that it may need to be reeled back. And she wanted to know if that is an option was possible.

Mr Key said: “We would have the right to revoke the working hours if serious breaches take place.”

The Commission agreed the Town Planning recommendations, including enhanced monitoring and clear signage around the site with contact details for the contractor and the Environmental Agency and all members voted in favour of this unanimously.

Other applications

Joshua Hassan House is set to be refurbished and converted into a hub for key community services after the DPC approved the Government’s plans unanimously.

The application sought permission for the two-storey civic building to be converted into spaces for the Community Mental Health Team, the Ombudsman, and the Citizens Advice Bureau, each with its own entrance.

The Town Planner’s report highlighted the property’s long public role, recalling that it once served as the office of Sir Joshua Hassan, Gibraltar’s first Chief Minister.

While various works will be carried out internally the existing garden area will be upgraded with new paths, planting beds, integrated seating and water features, forming part of the Community Mental Health Team’s external space.

The Town Planners welcomed the proposal as a continuation of the building’s civic and public service function, noting it would secure its long-term occupation and improve its presentation in the public realm while respecting its architectural character and the setting of the Duke of Kent House.

The Minister for Health and Care Gemma Arias-Vasquez welcomed the Commission’s unanimous decision.

“A dedicated, purpose-designed home for the Community Mental Health Team will give people better and more dignified access to the care they rely on,”

“There is more to do, that is for sure, although this new hub is one important part of that ongoing work.”

“I want to thank everyone involved in the consultation process for this new facility for their care and input. I look forward to seeing the works progress.”
Plans to replace a leaking rooftop conservatory with a larger extension at Flat 10, 18 Hospital Ramp were refused by the DPC amid concern over its impact on the Old Town roofscape.

The proposal sought to extend an existing studio on the top floor of a part five, part six-storey block on the west side of Hospital Ramp, converting it into a one‑bedroom flat. The new structure would have broadly followed the footprint of a former conservatory, but extended to sit on the northern boundary wall and further west across the terrace.

The Town Planner’s report noted that it considered the proposed extension would result in an additional built form that would appear incongruent with the roofscape and the cumulative impact would be at odds and jars with the surrounding townscape.

The department maintained that while there was scope for a replacement structure, it would need to be set back from the northern boundary, be of a lighter design, and introduce more glazing to minimise visual impact.

On that basis, it was recommended that the application be refused, but a fresh application within those parameters would be welcomed.

While most members supported the recommendation, one member, Carl Viagas, spoke in favour of the proposal, arguing that the constraints of the site limited the design options and that the scheme represented an improvement overall.

A vote was held and three members supported approving the application as submitted, six voted against, and one abstained. The application was therefore refused.

Also being refused was the application for a six-meter by 1.7-meter illuminated sign on Atlantic Suites for gaming company Entain which occupies 70% of the office space, with no objections from other tenants.

However, concerns were raised about the sign's visibility and potential for setting a precedent for similar signage on multi-occupancy buildings, leading to visual clutter. The department recommended refusal due to policy consistency and the risk of future applications. The commission unanimously agreed and the application was refused.

While not on the main agenda and had already been flagged for approval at sub committee level the members still discussed some application and in one incidence voted on a project.

Namely the facade material for a project on Engineer Road and the visual impact of the Port Authority building extension. However, it was the works to be carried out at St Joseph's School that was voted on with concerns regarding the loss of 25 parking spaces to make room for temporary class rooms while refurbishment works were carried out on the existing school.

The DPC members were told are currently 67 parking spaces in the car park. Of these, 30 will be lost during the works, with five spaces provided through a reorganisation of the layout, resulting in a net loss of 25 spaces for the duration of the project.

Concerns about traffic management and public safety were noted with one member proposing to place temporary porter cabins above the existing car parking spaces. The application was approved with five in favour, two against, and three abstentions.

Concerns focused in particular on zoned parking users who pay for on-street spaces in an already densely populated area, with Minister for Housing, Pat Orfila, stating that there are lots of people “pay a lot of money for those zoned parkings.”

She noted that some developments in the area have their own parking but some of those residents park their second or third car on the road.

“For those of us who do not have parking areas or garages under our buildings, we depend on the zone parkings, and I’m just curious to know where they are going to reprovide the parking areas that we’re going to lose because 30 is quite a substantial number,” she said.

After further debates with her fellow DPC members she added: “Definitely I think we have to relocate those parkings elsewhere and let them know that they can park somewhere else. I am not at all against building up the school…but I am concerned about people being very irate and very angry about losing paid parking spaces.”

Beyond parking, the DPC discussed the risk of congestion and safety issues during peak school times while construction is under way. Town Planning confirmed that a construction traffic management plan had already been drawn up and assessed and is going to go to Traffic Commission in September for ratification.

Members were told the plan could be placed on the public portal so residents can see the measures proposed.