Redevelopment of Tovey Cottage in Upper Rock gets unanimous planning support

The Development and Planning Commission unanimously approved a major redevelopment for Tovey Cottage, in the Upper Rock Nature Reserve, during its meeting on Thursday morning.

The decision gives the Gibraltar Government permission for a new, two-storey conservation, education and tourist centre aimed at deepening public engagement with the environment and wildlife.

Introducing the project, the Deputy Town Planner, Christopher Key, said: “It’s currently a single-storey building. It’s currently vacant but was last used as a raptor unit for bird, wildlife rehabilitation and conservation and education activities to local schools, and the building is in a state of disrepair.”

The proposed development will replace the former raptor unit with state-of-the-art facilities, including “an immersive, cinematic room and an interconnected direct research hub space with adjoining admin and ticket offices” on the lower floor.

“The upper building comprises an incubator room, staff room, conference room and a cafe and shop unit with adjoining storage room and has access to the terrace on the top.”

Site improvements include a network of decks, a bird of prey area, open-air amphitheatre, boardwalks, and extensive landscaping, with a strong emphasis on sustainability.

“There are no plans to remove any trees, although there may be some pruning required,” Mr Key noted.

Features include “renewables, including rainwater recycling, the integration of suds [Sustainable Urban Drainage Systems] and PV panels, green roofs, [and] use of an energy efficient thermal building envelope, and other active and passive measures.”

The Ministry for Heritage observed that the redevelopment “represents a clear improvement and that they’ll consider that they will deliver a high-quality public, educational and environmental benefits in the nature reserve.”

Janet Howitt, from the ESG and a member of the commission, welcomed the plans, saying: “A few of us were invited to visit the site, meet the team, see the presentation, the ideas, the vision and well, it was highly impressive.”

She also noted that: “It needs to change and to be improved and modernised, but it was still functioning up until not too long ago and doing an amazing job in bringing nature closer to the community, particularly young youngsters.”

Ms Howitt calling the scheme “groundbreaking” and said that it will enable people to find out about Gibraltar’s wildlife and environment in a way that's never been seen before.

She asked for the timeframe to completion and was told by the architect, Nigel Garcia from Garcia and Cox Architects, it is hoped it will take only 12 to 18 months to build it.

The Town Planner’s report recommended to approve the application, which was done so unanimously.

A series of technical and environmental requirements will need to be fulfilled, ranging from a PV panel statement and predictive EPC to an ecological management plan and archaeological oversight before construction commences.

DAT Judgements

There were two DAT [Development and Appeals Tribunal] judgements discussed during the meeting, one for Buena Vista Barracks and the other for Latinos at 9 and 21B Casemates Square.

On Buena Vista Barracks, the DAT granted outline planning permission for a communal swimming pool in the estate, overturning a previous refusal by the Commission.

Members were reminded that the original application was refused due to “insufficient information in respect to cliff stability” and concerns over scale and massing which the Commission believed would negatively impact the area’s open space and biodiversity.

However, the Tribunal determined outline planning should be granted “subject to a raft of conditions,” including detailed architectural drawings, ecological and geotechnical surveys, and a landscape maintenance plan.

The permission also requires the reinstatement of the public footpath from the site to Parsons Lodge, reflecting both environmental and heritage considerations.

The Minister for Environment and DPC member, Dr John Cortes, noted that part of the application falls within the Gibraltar Nature Reserve, and therefore it requires a license under the Nature Protection Act after consultation with the Nature Conservancy Council.

He also referenced the project’s inclusion within the Gibraltar National Trails, highlighting the legal obligation to ensure any public right of way remains open.

Following other discussions among members, which included information by Minister Leslie Bruzon that the application had changed since outline was sought, the Town Planner, Paul Naughton Rumbo, confirmed there is an obligation to “issue the outline permission in line with the Tribunal’s decision, unless the only option is if the Commission felt that there were grounds for judicial review.”

The discussion concluded with a consensus to proceed with issuing the outline permission. Dr Cortes noted that the full planning stage will provide another opportunity to review designs and ensure all conditions are met.

“I think that all we can do is wait for full planning, and the full planning will have to be something that we as a Commission are happy with,” he said.

“The Appeals Tribunal decision will not apply, as the full planning is a separate decision, so the updated scheme that Leslie has described will clearly be the one before full planning, and we'll deal with it then.”

The DAT for Latinos at 9 and 21B Casemates Square, did not rule in favour of the applicant and upheld the initial refusal of planning permission for a rooftop extension and lift installation.

The Commission and the Tribunal deemed the proposal incongruous with the listed monument's character and appearance, and the fire escape plan was unacceptable due to it crossing private land.

The proposal was also seen as setting a precedent with significant cumulative impact.

Consequently, the initial refusal by the DPC remains unchanged, and the application remains denied.

87 Queensway

A warehouse redevelopment at 87 Queensway for the demolition of a structurally degraded warehouse and construction of a modern facility incorporating office space, internal parking, and upgraded access received the unanimous backing of DPC members.

The plans were designed to enable long-established operators to relocate from their current premises on the East Side development site.

During the outline application review, committee members heard how the scheme had “significantly evolved” following consultations with the applicant, the Ministry for Heritage, and the Heritage Trust.

“We’ve stressed that we have quite a few consultations with the applicant on this and they have submitted a revised scheme following the original submission,” said Mr Key.

Changes to the proposal include a considerable reduction in height, so that the new warehouse now “sits below the adjacent siege wall” and increased setback distances from both Queensway Road and the historic defense wall.

Other improvements cited were the inclusion of sustainability measures such as “PV provision, grey water systems and the potential green roof,” alongside enhancements to massing, circulation, and facade design.

The Ministry for Heritage and Heritage Trust requested measures to ensure “the listed wall isn’t damaged during the development”.

Dr Cortes welcomed the development as part of wider urban renewal, saying the project “should kick start that project” and “is certainly going in the right direction.”

Other applications

The outline planning application for The Aloes, 6 Bella Vista Close, Wellington Cottage, 33b Europa Road and Wellington Cottage, 8 Bella Vista Close, where permission was sought for a roposed two storey extensions and alterations to two existing single dwellings, was deferred.

A discussion on the application, which lasted well over an hour, raised concerns that ranged from the loss of trees, to scale and massing of the development.

In the Town Planner’s report it was recommended that members refuse the application due to overdevelopment and negative visual impacts.

As members debated the design's traditional versus contemporary style, it was suggested by Dr Cortes to defer the application to allow for revisions that would address the key issues.

Following further discussions with members, Mr Naughton Rumbo said: “I'm getting the feeling that members might like to give the applicant the opportunity of revising their proposal, bearing in mind the comments have been made by members, in which case a deferral will be more appropriate.”

Eight members agreed and voted to defer the application, three were against it. The project was deferred by a majority vote.

Regarding an application for Naval Hospital Garden, Naval Hospital Hill the DPC discussed the proposal to build a two-story detached house on a site bounded by retaining walls and with significant elevation differences.

Concerns were voiced over the impact on Gibraltar’s limited green areas and local wildlife, with several members highlighting the importance of protecting these spaces for future generations.

The final vote saw nine members against the project and two abstentions, citing the preservation of green areas as the primary reason for refusal.

A proposal to extend Flat 1, 46 City Mill Lane, just below Theatre Royal Park, received unanimous approval from planning officials.

The single-storey extension includes sustainability features and will blend with the area’s architectural character.

Approval is subject to several conditions, including wildlife surveys and a construction management plan to minimise disturbance.

The application for a Starbucks in a vacant retail unit at the corner of Main Street and Casemates Square gained approval subject to several modifications.

The project, which includes refurbishing the interior and adding an external seating area, drew an objection from a local business Toy Corner, the neighbouring toy shop.

While the owner voiced support for the new café he strongly objected to the proposed outdoor seating plan, warning it would block a key access route and further hamper visibility already affected by existing street fixtures.

The applicant responded by highlighting adjustments made to the plan, including reduced seating and the removal of umbrellas to maintain sightlines, stating they had engaged with the shop owner and taken on board the concerns.
The Environmental Agency raised the issue of the lack of customer toilet provision, a requirement for new hospitality premises.

To assist with the “clutter” in the area, Dr Cortes said he would get his Ministry for Transport to look into relocating the bicycle racks and charging points to somewhere nearby.

Commission members ultimately agreed to approve the application “in principle”, subject to submission of revised plans addressing outstanding issues, including the exact location of outdoor seating and street installations, as well as formal confirmation on customer toilet arrangements.

The final approval will be conditional on resolving these matters.