DPC discusses applications, navigating technical glitches

During what was a short meeting of the Development and Planning Commission on Thursday, technical issues once again impacted the ability for the public to watch the whole meeting or for members to hear fellow participants.

DPC meetings have been held virtually since Covid 19 having traditionally been held publicly for several years. The public can access the Government’s YouTube channel and watch the proceedings live, while previously they would have to attend in person.

While this offers great accessibility to the public, and media covering the meeting, frequent technical issues – mainly to do with delayed starts, microphones and sound – continue.

However, despite the technical difficulties at times all applications were heard and decisions made.

Amongst them was one for the installation of a new electrostatic air purifier system at a restaurant in Casemates, Taco Bell, where concerns were raised regarding noise and vibration affecting nearby residents.

The system was installed as an upgrade to the previously approved extraction unit.

The management company objected to the installation, citing that the new unit was larger and noisier than the original, and had not received the necessary permissions.
“The noise level is disturbing the neighbours,” the DPC was told, adding that complaints had been received from residents.

Despite these concerns, the Environmental Agency and other relevant authorities confirmed they had no objections to the system, and no formal complaints had been lodged since its installation.

Technical assessments indicated that the system’s emissions and noise levels were within acceptable limits, with the agency noting that the extraction unit resulted in a negligible amount of noise.

The DPC members acknowledged the concerns raised, but noted that the Environmental Agency retains the authority to intervene should the system fail to perform as expected or if it becomes a nuisance.

The application was approved unanimously, with the management company advised to report any future issues to the Environmental Agency, who can take appropriate action if required.

Also gaining unanimous approval was the retrospective application for installation of a pergola at 7 Seashell House, Beach View Terraces. However, permission for the installation of frameless glass curtains was not granted.

The pergola, similar to others approved in the estate, faced no objections but concerns were raised about the glass curtains, which could make the pergola more permanent and visually impactful.

In a decision balancing heritage policy with needs, the DPC approved an application by residents of 2-6 Gavinos Passage to replace traditional clay roof tiles with a lightweight steel roofing system, despite the move being contrary to the Old Town Design Guide.

The application, referred to the Commission due to its conflict with established policy, sought permission to install modern steel panels designed to mimic the appearance of clay tiles.

The proposal followed a structural report indicating that the existing timber trusses could not support the weight of new clay tiles without significant and costly reinforcement.

During the meeting, a representative for the residents outlined the financial hardship faced by the community, which includes several elderly pensioners.

Heritage officials and the Gibraltar Heritage Trust reiterated the importance of preserving traditional roofscapes, noting that economic convenience alone is not sufficient grounds for deviation from policy.

However, several DPC members acknowledged the circumstances and the lack of available grants for conservation, and the risk of further deterioration if repairs were delayed.

The Minister for Heritage, Dr John Cortes, expressed sympathy for the residents’ plight, stating, “We cannot have this gentleman or the residents of that building having to move from the sofa when it’s raining because of the leaks.”

The Commission ultimately voted nine in favour, with one abstention, to approve the application as submitted.

Conditions include the provision of samples for approval, restrictions on works during the bird breeding season, and requirements for bat and bird nesting sites.

The DPC also unanimously approved an outline application for the demolition and replacement of a single-storey dwelling in the 1 Lower Bruce’s Farm in the Upper Rock Nature Reserve.

The site, due to its location in the buffer zone to the World Heritage Site, is subject to strict environmental and heritage controls.
The proposed development will see the existing building replaced with a contemporary two-storey dwelling featuring a sedum flat roof and associated landscaping works.

Commission members heard that the proposal complies with a policy which limits the increase in volume for replacement dwellings in the nature reserve to 20%. The new design represents a 16% increase.

Concerns were raised regarding the creation of a private parking bay, with some members expressing reservations about the potential removal of trees and the precedent it might set for future developments in the area.

The applicant clarified that the intention is to avoid tree removal where possible and to situate the new parking within the property’s demise.

Members also encouraged the exploration of a green roof with natural vegetation, rather than a traditional sedum roof.

The application was approved subject to the conditions with the Commission noting that all technical and environmental requirements must be met before full planning permission is granted.

While not part of the main agenda of the meeting, the application for the renewal of a planning application for the long-delayed wave attenuator project at Ocean Village was raised by Janet Howitt from the ESG.

She voiced strong objections to the renewal, citing concerns over the narrowing of navigation pathways due to increased maritime movements and the addition of a refuelling facility.

“We firmly object again to this. It should not be renewed if they didn’t proceed with it. It was clearly not urgent, and it’s just going to obscure even more of that narrowing area for boats to use,” she said.

It was noted that pre-construction activities and the discharge of several pre-commencement conditions had delayed the project, and that a condition survey report had recently been submitted and was awaiting clearance from the relevant authorities, including the Ministry of Defence.

A vote was held on the application with eight members voted in favour of renewing, with one against and one abstention.