Għar il-Friefet development appeal raises heritage concerns

The controversy over plans to construct a six-unit apartment building in Birzebbuga has re-emerged after an appeals tribunal ruled that the case should be reviewed again. The proposal, which involves demolishing an existing terraced house and constructing multiple residential units, has raised significant concerns among local residents and heritage authorities due to its proximity to Għar il-Friefet, a cave of historical and ecological importance.

Historical and Environmental Significance of Għar il-Friefet

Għar il-Friefet, located on the outskirts of Birzebbuga, is a series of interconnected chambers and tunnels spanning three levels. Archaeological evidence suggests that the cave dates back to at least the Bronze Age, with artefacts and other remains indicating human activity during that period. It is situated near Għar Dalam, a site of immense historical significance, making the area a key focus for conservation efforts.

The cave is officially classified as a Class B archaeological site and a Level 1 site of scientific interest, with a legally established buffer zone surrounding it. These designations are meant to protect both its historical value and its natural environment, which includes a habitat for bats and other wildlife.

A 2008 planning control regulation introduced a “presumption against development or redevelopment proposals that include excavation works within the scheduled areas and specifically within the Għar il-Friefet scheduled buffer zone.” This framework has guided subsequent planning decisions in the area.

The 2022 Development Proposal

In 2022, developer Ruben Magro, working with architect Elena Borg Costanzi, proposed replacing a current terraced house with a residential development featuring a ground-floor maisonette with garages, six upper-level units, and a recessed penthouse. The proposal also included the installation of a below-ground reservoir or well, a feature that would place part of the new construction directly over the cave.

The Superintendence of Cultural Heritage asked for comprehensive reports and studies to evaluate how the proposed development might affect Għar il-Friefet. Meanwhile, the Environment and Resources Authority (ERA) cited both the 2008 planning stipulations and the cave’s ecological importance, particularly its role as a bat habitat.

However, the applicant did not submit the requested documentation. The architect for the project maintained that no rock excavation would be required, explaining that the foundations would rest on the current rock level using strip and pad methods. They also suggested that the proposed reservoir could take the place of an existing pool. While the applicant referred to a publicly accessible Ground Investigation Report from a 2016 application on a neighboring property, the Superintendence clarified that any submitted documentation must be specific to the current development proposal.

Initial Refusal by Planning Commission

The Planning Commission rejected the application, following the guidance of the case officer. The officer highlighted that the proposed development would “have a significant impact on the historic and natural heritage.” In the official refusal notice, the officer further stated:

“The proposal is therefore in conflict with Thematic Objective 8 of the Strategic Plan for Environment and Development which aims for the safeguarding and enhancement of cultural heritage.”

After the refusal, the applicant lodged an appeal with the Environment and Planning Review Tribunal (EPRT), contesting the decision and requesting authorization for the proposed development.

Appeal Arguments and Tribunal Review

In the appeal, the applicant argued:

“No basements are being proposed and no further excavation is required from the existing levels. Reference to the superimposed drawings, the cave is only located in a small corner of the site, mostly in the front garden. Various structural solutions could be used.”

As part of the appeal, a 3D survey of the cave was submitted to illustrate how it relates to the planned development levels. The applicant also cited a 2019 approved residential project involving three storeys of excavation near the site as precedent, although the Tribunal noted that excavation in that case occurred at a safe distance of 15–21 metres from Għar il-Friefet.

The 3D survey was incorporated into a Ground Investigation Report presented to the EPRT, which outlined the following recommended precautions:

• Removal of the top <1m thick soil is permissible.
• Excavation should not exceed 1.5m from the bedrock surface if open joints are encountered.
• All excavation works should be monitored by a geologist to assess potential unsafe blocks.

Despite these measures, the Tribunal raised concerns about the broader impact of the development, including the construction of a well or reservoir that had not previously existed. The Tribunal also noted that the cave would be located under the proposed garage, meaning that part of the cave could be burdened with additional structural weight.

Ground Risks and Safety Concerns

The Ground Investigation Report highlighted multiple risks associated with excavation and loading of the underlying rock, including:

• Increased differential settlement potentially causing fractures in existing masonry (Georisk level 3).
• Potential ground failure along joints if excavation causes unsupported rock blocks to shift (Georisk level 1–2).
• Overall loss of stability if foundation loads exceed the rock’s limit state.

The report categorized Georisk levels 1–2 as “high to moderate risk,” indicating a tangible possibility of rock failure, raising concerns about the safety of both the cave and nearby residential structures.

Tribunal Decision and Reconsideration

The EPRT concluded that the application should be returned to the Planning Authority for reconsideration. This step allows the Ground Investigation Report to be reviewed at an earlier stage, and provides the applicant with an opportunity to submit additional studies to ensure cultural heritage and structural safety are adequately protected.

This procedural development effectively nullifies the Planning Commission's initial refusal, reopening the possibility of approval, albeit under stricter scrutiny.

Resident Concerns

Local residents, many of whose homes are partially built above the cave, have expressed apprehension regarding the renewed possibility of development. One resident testified before the EPRT that the cave already exhibits cracks and that rock has fallen in the past, warning that added structural weight could endanger both homes and families.

Next Steps

The Planning Authority's case officer will now reassess the application, taking into account the new studies and any additional documentation submitted by the applicant. Only after this comprehensive review will a formal recommendation be issued regarding the approval or refusal of the proposed development.

The case represents a complex intersection of urban development, heritage preservation, and geological risk management. It underscores the importance of thorough planning and documentation in areas of archaeological and ecological significance.

Conclusion

The ongoing debate over the proposed six-unit apartment block near Għar il-Friefet highlights the delicate balance between development and heritage preservation. While the appeal has reopened the possibility for construction, it also underscores the importance of careful planning, comprehensive geological studies, and adherence to environmental and cultural safeguards. Local residents’ concerns, combined with the cave’s historical and ecological significance, illustrate the potential risks of development in sensitive areas. Moving forward, it will be crucial for the Planning Authority to thoroughly evaluate all submitted documentation, ensuring that any future construction does not compromise the stability of the cave, the safety of surrounding homes, or the preservation of Malta’s cultural heritage.

FAQs

What is Għar il-Friefet?
Għar il-Friefet is a cave near Birzebbuga with Bronze Age remains, classified as a Class B archaeological site and a Level 1 site of scientific interest.

Why was the original development proposal refused?
The Planning Commission refused the application because it would have a significant impact on the historic and natural heritage of the area.

What does the Ground Investigation Report say about the site?
The report identifies risks related to excavation and structural loading, including potential fractures, ground failure, and loss of stability.

What is the role of the Environment and Planning Review Tribunal?
The EPRT reviews planning decisions and appeals, ensuring proper consideration of heritage, environmental, and safety concerns.

Why is the cave important ecologically?
Għar il-Friefet provides habitat for bats and other wildlife, adding ecological value to its archaeological significance.

What changes does the appeal propose compared to the original plan?
The appeal includes a 3D survey of the cave, adjustments to foundations, and structural considerations to reduce excavation impact.

How does this case affect local residents?
Residents are concerned about the stability of the cave and the potential for damage to homes built above or near it.

Can the Planning Authority reject the proposal again?
Yes, the Planning Authority can approve or refuse the application after reassessment and consideration of new studies.

What precautions are recommended during construction?
Monitoring by a geologist and limited excavation depth are recommended to mitigate risk to the cave and surrounding structures.

What broader lessons does this case illustrate?
The case highlights the balance between urban development, heritage preservation, and geological safety, emphasizing thorough planning and documentation.