Made on behalf of the Claimants
Witness: R Matto
1st Statement of Witnesses
Exhibits: RM1-4
In The Matter
of an Application for Judicial Review
BETWEEN
(2)
STEVEN HARRISON
(3) GINO BOSSINO
-and-
DEVELOPMENT AND PLANNING COMMISSION
-and-
OEM ROSIA DEVELOPMENTS
LIMITED
First Interested Party
-and-
__________________________
I, Robert Matto of 47 Rosia Dale, Gibraltar, SAY
AS FOLLOWS:-
1.
I am a Chartered
Architect in private practice. I am also resident of the South District and a
member of the South District Association (“the SDA”).
2.
I make this
Witness Statement in support of the SDA’s Application for Permission to bring
proceedings for Judicial Review and in support of the substantive Application
for Judicial Review.
3.
I make this
Witness Statement from matters within my own knowledge which matters are true.
Where matters are not within my own knowledge the sources are stated herein and
those matters are true to the best of my knowledge, information and belief.
4.
I have seen the
Witness Statement of Gigi Sene on behalf of the South District Association
(“the SDA Witness Statement”) which is the main Witness Statement filed on
behalf of the South District Association.
5.
My Witness
Statement will concentrate on more technical issues such as density of the
project, architectural design and conservation possibilities for the Rosia
Tanks themselves.
PLOT / DENSITY
REGULATION
6.
The Town Planning
(Building Development Control Regulations) 2001 specifies that;
(a)
the floor to
space index which is essentially the total floor space within the entire
building divided by the site area is at the discretion of the Development and
Planning Commission outside the city walls;
(b)
that the plot
ratio (effectively the footprint of the building in relation to the site area)
should (outside the city walls) not exceed 80%.
7.
The idea of the
latter is that there is space left around and/or “through” new buildings. It
becomes more difficult to calculate this ratio when new buildings are set on
top of podiums which carry internal car parking etc. and when the podiums
themselves cover the entire site area. In examples where the podium covers the
entire plot the building that sits on top has usually been set back to allow
some space around or through it (Harbour Views, Westview Park and other
examples). This has been deemed reasonable by the Development and Planning
Commission.
8.
The Rosia Tanks
project also has a podium but the building rises directly up from the boundary
line. The 20% “free space” is thus unfairly removed and utilised internally for
private purposes only of the building users. This is
an interpretation of the said regulation which completely negates the public the
free space which it is there to provide in the first place.
9.
Now produced and
shown to me marked RM1 is a sketch to illustrate the point.
ARCHITECTURAL
DESIGN
10.
The Applicant
developers, OEM Rosia Developments Limited (“OEM”) have produced drawings as
part of the Outline Planning Application filed with the DPC. The said application
is exhibited to the SDA Witness Statement. These drawings now produced and
shown to me marked RM2 is a true copy of the said drawings attached to the said
application though explanatory notes have been added by me.
11.
In my view the
architectural drawings do not properly demonstrate the impact on the Rosia
Tanks site itself and its impact on the adjoining area. Now produced and shown
to me marked RM3 are copy drawings that I have produced which in my
professional opinion demonstrate the effect of the plans that were proposed (10
storey block).
12.
As a concerned
resident of the area, I attended the initial meetings of the South District
Committee back in October 2005. Due to my previous experience in preparation
artists visualisations and sketches, I was asked to prepare some sketches
showing what I thought was the real impact of the proposals.
13.
I first noticed
that the images originally presented by OEM showed BOTH Rosia Plaza blocks as
being approximately 8 storeys in comparison with their proposed 10 storey
building, when in reality they are only 6 and 4 storeys high respectively. This
I thought, completely and inaccurately minimised the impact of the new building
by showing enlarged versions of those around it.
14.
The sketches I
prepared were based on the simple fact that the Rosia Plaza building is 6
storeys high, and the Nelson’s View proposals were described as being 10
storeys, i.e. by simple mathematics, 4 storeys higher. The sketches showing the
impact of the proposed building were therefore simply constructed by visually
extrapolating one from the other.
15.
When confronted
by the developer as to the accuracy of these sketches, I asked them to prepare
their own accurate artist’s impressions, since they were obviously privy to the
exact dimensions and heights of their own building. The developer dismissed
this exercise outright.
16.
Since then, the
proposals have been reduced by 2 storeys, and new images were produced by the
developer. Having said that I have seen a copy of the Outline Planning permit
issued on the 20th December 2005 by the DPC and signed by its
Chairman and note that it states that permission is granted “…to construct a
new residential development consisting of 196 affordable housing units at
CP1210(pt) Rosia Water Tanks, Rosia Road in accordance with the specifications
dated 12th October 2005…”.Exhibit GS6 to the SDA Witness
Statement. I understand from the Government Press release dated the 6th
of December 2005 Exhibit GS11 to the SDA Witness Statement that the reduction
of 2 storeys would reduce the flats numbers by 62 from the original 196. This
seems to be contradictory and I am not sure how technically the same amount of
units can be accommodated in 8 floors.
17.
The reality in my
opinion is that the EXACT visual impact of the proposed new building over its
heritage sensitive surroundings will only be fully ascertained if the tower
block is actually built.
CONSERVATION
POSSIBLITIES OF THE ROSIA TANKS
18.
Now produced and
shown to me marked RM4 is a two-copy brochure prepared by me at the request of
the SDA in relation to the sustainable regeneration of the Rosia Tanks. This
has been prepared in accordance with the heritage value of the Tanks and
following other precedents of sensitive conservation.
STATEMENT OF TRUTH
I believe that the facts stated in this Witness Statement are true.
…………………………
Robert matto
Dated this 19th day of January 2006
This Witness Statement is filed by Cruz & Co. of Suites 19 & 21, Watergardens 3, Gibraltar. Solicitors for the Claimants.