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*Archaeological survey and excavations - Mgarr ix-Xini-2009 *Archaeological survey and excavations - Mgarr ix-XinI 2008 *GEOPROSPECTION AT GHAR IX-XIH 2008 *Archaeological survey and excavations - Mgarr ix-XinI 2007 *Mgarr ix-XinI Regional park Exhibition *Archaeological survey and excavations - Mgarr ix-XinI 2006 *Archaeological survey and excavations - Mgarr ix-XinI 2005
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Lino Bianco & Associates Architect, Structural Design Studio Environmental Management Consultancy Urban Planning and Design Consultancy
The Project Description Statement for the proposed Mgarr Ix-Xini Regional Park is a response to a request by Sannat Local Council and Xewkija Local Council to develop a joint initiative aimed at protecting, safeguarding, sustaining and enhancing the ecosensitive, geocultural landscapes of Mgarr Ix-Xini valley. The aim of Sannat and Xewkija Local Councils is to develop a regional park based on the concept of inclusivity rather than exclusivity of the landowners and occupiers of properties falling within the boundaries of the regional park: the Local Councils are the guarantors while the land owners and occupiers are the prime movers.
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Table of Contents:
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Photographs:
Photo 1: A collage of cultural and natural, urban and rural landscapes
Photo 2: Olive grove (at background) scheduled for its arboreal value
Photo 3: Harvest time -agricultural activity in the area is characterized by dryland framing
Photo 4: Collapsed walls along Triq Ta' Gruwa panoramic road conspicuously mar overall aesthetics
Photo 5: Impressive, well weathered, Victorian property marker
Photo 6: A study of a scheduled rubble wall
Photo 7: Boundary walls (to the left) along Triq Ta' Gruwa panoramic road need to be replaced by aesthetically acceptable rubble walls
Photo 8: An aesthetically pleasing conglomerate of traditional, small-scale agriculture, rich valley ecosystem and religious culture
Photo 9: Pumping station and aqueduct scheduled for their historical value while the valley is scheduled for its rich biodiversity
Photo 10: Ghar ix-Xih, scheduled for its edological value, has its own cultural echoes
Photo 11: Boundary walls (to the left) along Triq Ta' Gruwa panoramic road need to be replaced by aesthetically acceptable rubble walls
Photo 12: The fjord-like beauty of Mgarr ix-Xini inlet
Drawings:
Drwg No: 16_04_01: Site location @ scale 1:10,000 Drwg No: 16~O4_02_1: Land use @ scale 1 :5,000 Drwg No: 16_04_02_2: Land use @ scale 1:5,000 Drwg No: 16_O4_03_1: Scheduled properties @ scale 1 :5,000 Drwg No: 16_04_03_2: Scheduled properties @ scale 1 :5,000 Drwg No: 16_04_04_1: Recent planning history @ scale 1 :5,000 Drwg No: 16_04_04_1: Recent planning history @ scale 1 :5,000
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1.0 Introduction1.1 Terms of Reference
To provide for the upkeeping and maintenance of, or improvement in, any street or footpath, not being privately owned.
1.2 The Issue
2.0 The Site2.1 Characteristics
Mgarr ix-Xini Valley is the finest local example of a classical, steep-sided creek (drowned valley) in Lower Coralline Limestone; both valleys support an important flora including the very rare Spanish Broom Spartium junceum [Genista], wild populations of Aloe vera [Sabbara, hence the name Wied Sabbara] and the extremely rare Shrubby Cahmpion Silene fruticosa; it is also one of the few remaining areas where the Barn Owl Tyto alba [Barbagann], a species nearly extinct from the Maltese Islands, breeds.
2.2 Brief Visual Overview
3.0 Landscapes Defined
There is an increasing evidence suggesting health and emotional stability of a population may be profoundly influenced by frustrating aspects of an urban, biologically artificial environment. It seems likely that we are genetically programmed to a natural habitat of clean air and a varied green landscape … it is evident that in our daily lives nature must be thought of not as a luxury to be made available if possible, but as part of our inherent indispensable need.[10]
Europe’s biological and landscape diversity is one of our greatest riches. It is a heritage passed down to us over thousands of years and linked to other natural systems worldwide. We have a shared responsibility to pass this heritage on to future generations as a diverse and sustainable system.[11] 4.0 Legal Framework4.1 European Landscape Convention
… the landscape has an important public interest role in the cultural, ecological, environmental and social fields, and constitutes a resource favourable to economic activity and whose protection, management and planning can contribute to job creation [and that] developments … are in many cases accelerating the transformation of landscapes
4.2 The Mediterranean Landscape Charter
A reality built upon a natural substrate although deeply marked by human agency and, at the same time, as a fundamental resource for guiding and applying environmental, regional planning and heritage management policies.
4.3 The Pan-European Biological and Landscape Strategy
- further degradation of landscapes and the cultural and geological heritage they represent should be prevented; - the beauty and identity of landscapes should be preserved; - an integrated view of landscapes as part of a unique mosaic of cultural, natural and geological features is developed; and - making the public and policy makers more aware of landscapes to ensure their protection.
4.4 The Habitats Council Directive 92/43/EEC
4.5 The European Union Biodiversity Strategy
to anticipate, prevent and attack the causes of significant reduction or loss of biodiversity at the source. This will help both to reverse present trends in biodiversity reduction or losses and to place species and ecosystems, including agro-ecosystems, at a satisfactory conservation status…
5.0 Local Planning Framework5.1 Planning Policy
5.2 Scheduled Properties
Table 1: Scheduled Features
islands of biodiversity in an otherwise degraded landscape. Under a bioregional approach to conservation, protected areas are planned and managed as part of a mosaic of land uses that together seeks to satisfy environmental and social needs.
… may be seen as less threatening because protection does not necessarily mean a complete block on human activity. They are likely to lead to new management options in a wide range of situations, and open up the possibility of innovative partnerships between conservationists and other interest groups, such as … the tourism industry and small-scale agriculture.
[1] Laws of Malta. Act No. XV of 1993.
[2] Ibid, Section 33(1)(a). [3] Bezzina, J., Forty Legends From Gozo, Victoria-Gozo, Gaulitana No. 9, Second Edition, 1997, p.23.
[4] Oil Exploration Directorate, Geological Map of the Maltese Islands: Gozo and Comino, Office of the Prime Minister, Valletta, Malta, 1993. Plotted at scale 1:25,000. [5] Lang, D.M., Soils of Malta and Gozo, H.M.S.O., 1960. Plotted at scale 1:31,680.
[6] Schembri, P.J., E. Lanfranco, P. Farrugia, S. Schembri and J. Sultana, Localities with Conservation Value in the Maltese Islands, Ministry of Education, 1987, p.18.
[7] These include Ras in Newwiela, Ghar ix-Xih and the revenge of the Xewkin (cfr. Bezzina, pp.16 and 23; Bezzina, J., Forty More Legends From Gozo, Victoria-Gozo, Gaulitana No. 13, 1994, pp.28-9). [8] D. Thompson (ed.), The Oxford Dictionary of Current English, Oxford University Press, Second Edition, 1993.
[9] Luginbühl, Y., ‘Landscapes, projects for a pluralist Europe’, Naturopa No.86, 1998.
[10] J.E. Todd (ed.), Biography, 1982.
[11] Council of Europe/UNEP/European Centre for Nature Conservation, The Pan-European Biological and Landscape Diversity Strategy: a vision for Europe’s natural heritage, 1996, p.24.
[12] Council of Europe, CETS No. 176, Florence, 20th October 2000. www.coe.int The Landscape Convention was open for signature on 20th October 2000 and entered into force on 1st March 2004. Malta is one of the Signatory States.
[13] Thus, each member state of the Council of Europe is bound to
a. to recognise landscapes in law as an essential component of peoples surroundings, an expression of the diversity of their shared cultural and natural heritage, and a foundation of their identity; b. to establish and implement landscape policies aimed at landscape protection, management and planning through the adoption of the specific measures set out in Article 6; c. to establish procedures for the participation of the general public, local and regional authorities, and other parties with an interest in the definition and implementation of the landscape policies mentioned in paragraph b above; d. to integrate landscape into its regional and town planning policies and in its cultural, environmental, agricultural, social and economic policies, as well as in any other policies with possible direct or indirect impact on landscape.
Moreover, they are bound to
a. i. to identify its own landscapes throughout its territory; ii. to analyse their characteristics and the forces and pressures transforming them; iii. to take note of changes; b. to assess the landscapes thus identified, taking into account the particular values assigned to them by the interested parties and the population concerned.
Additionally, each Party is bound to
to define landscape quality objectives for the landscapes identified and assessed
Landscape protection means “actions to conserve and maintain the significant or characteristic features of a landscape, justified by its heritage value derived from its natural configuration and/or from human activity”. Landscape management means “action, from a perspective of sustainable development, to ensure the regular upkeep of a landscape, so as to guide and harmonise changes which are brought about by social, economic and environmental processes” and landscape planning means “strong forward-looking action to enhance, restore or create landscapes”.
[14] Zoido Naranjo, F., ‘The Mediterranean Landscape Charter: An Idea that is gaining ground’, Naturopa No. 86, 1998.
[15] Council of Europe/UNEP/European Centre for Nature Conservation, The Pan-European Biological and Landscape Diversity Strategy: a vision for Europe’s natural heritage, 1996, p.28.
[16] Council of Europe/UNEP/European Centre for Nature Conservation, The Pan-European Biological and Landscape Diversity Strategy: a vision for Europe’s natural heritage, 1996, p.41.
[17] Directive 92/43/EEC, Article 2, www.europa.eu.int Natural habitats of conservation worth means those which (Article 3)
(i) are in danger of disappearance in their natural range; or (ii) have a small natural range following their regression or by reason of their intrinsically restricted area; or (iii) present outstanding examples of typical characteristics of one or more of the five following biogeographical regions: Alpine, Atlantic, Continental, Macaronesian and Mediterranean
[18] Directive 92/43/EEC, Article 3.
[19] Directive 92/43/EEC, Article 6 states that
3. Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public. 4. If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted. Where the site concerned hosts a priority natural habitat type and/or a priority species, the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest. [21] Malta Environment and Planning Authority, June 2002.
[22] Gozo & Comino Local Plan Map 13.1-B. This map notes that the indicated areas of high landscape value may include disturbed ground which is envisaged to be restored through the rehabilitation of damaged landscapes (see remark in legend of Map 13.1-B).
[23] Ministry for Development of Infrastructure, Planning Services Division, December 1990.
[24] Ibid, para. 15.21, p. 91.
[25] Policy AHF 7 states that
The removal of visual intrusions in the landscape, the reinstatement and maintenance of random stone boundary walls, and the establishment of rights of way will be a condition of development permits.
Policy AHF 8 states that
Further measures will be developed to promote the reinstatement and maintenance of random rubble walls throughout the countryside with priority given to walls alongside rural roads, and for the removal of visual intrusions.
[26] Structure Plan for the Maltese Islands, para. 15.27, p. 92.
[27] Gozo & Comino Local Plan, Map 10.3.3, thus subject to Policies GZ-RECR-1 and GZ-RECR-3. Policy GZ-RECR-1 states that
Proposals to encourage informal rural recreation will be given favourable consideration provided that … conditions are observed…
Policy REC 13 establishes a country parkway
From Mgarr eastwards along the coast to Wardija off Qala, and west to Mgarr ix-Xini and along Wied Hanzira.
Country parkways are (Structure Plan for the Maltese Islands, Para. 13.30, p.71)
Public rights of way and their immediate surroundings within which a variety of open air recreational activities will be located. The parkways will link tourism and/or recreation attractions by tracing routes through areas that are of intrinsic natural and/or man made value.
Policy GZ-RECR-3 states that
Proposals for upgrading walkways … will be favourably considered by MEPA provided that all the following criteria are observed: (a) the proposal shall include one or more whole circular routes wherever possible; (b) a management programme that clearly indicates responsibilities and accountabilities, phasing of projects, implementation and maintenance programmes, will be prepared and submitted together with the planning application; and (c) proposals for the creation of new pedestrian routes (i.e. excluding vehicular access) other than those indicated … will need to be strongly justified. The creation of new pedestrian routes on garrigue or boulder screes shall be prohibited. [28] Structure Plan for the Maltese Islands, para. 13.31, p.71
[29] Gozo & Comino Local Plan Map 13.8, thus subject to Policy GZ-DARK-1 which states that
…Where relevant, reflective signs shall be employed to guide driving at night whilst the installation of lighting which is not related to aerial or maritime navigation, shall be strongly discouraged.
[30] Structure Plan Policies RCO 8 and 9.
[31] Gozo & Comino Local Plan Map 10.3.3, thus subject to Policy GZ-RLCN-5 which states that
The areas indicated … are indicated as candidate sites for rehabilitation of damaged landscapes. Rehabilitation can also be integrated with the provisions of local plan policies GZ-RECR-1, 2 and 3.
[32] Government Gazette, November 9, 2001, pp. 9110-9121.
[33] Structure Plan RCO 11 gives guidelines for the designation of Sites of Scientific Importance and Policy RCO 12 defines the protection ratings. Thus,
1. LEVEL 1 zones include habitat types present only in small areas and/or sites with unique species or features 2. LEVEL 2 zones will include important habitat types present in relatively large areas and/or sites with rare Species or features 3. LEVEL 3 zones will include areas where control is necessary to preserve habitats/species/features in adjacent sites 4. LEVEL 4 zones will Include habitats and/or features of general interest
For Level 1 protection, the following applies (Structure Plan for the Maltese Islands, Explanatory Memorandum, para. 15.35, p.101)
1. Human intervention kept to the barest minimum 2. No physical development 3. All efforts made to protect the identified features of scientific interest 4. Management by the competent Government agency in an appropriate manner
For Level 2 protection, the following applies (Structure Plan for the Maltese Islands, Explanatory Memorandum, para. 15.38, p.102)
1. Human intervention strictly controlled 2. Physical development limited to the maintenance of already existing structures, and construction of minor amenities designed to enhance the educational and recreational use of the area (eg. narrow footpaths, nature trails, small scale visitor centres). Any such developments to be carried out with the least possible damage to the environment 3. Traditional activities (eg. agriculture) can continue, unless in conflict with other policies, but no new land diverted to these uses except for the suitable re-establishment of abandoned fields for agriculture
For Level 3 protection, the following applies (Planning Services Division, Structure Plan for the Maltese Islands, Explanatory Memorandum, December 1990, para. 15.39, p.102)
1. No residential, industrial, commercial, or tourism development 2. No infrastructure of public utility works 3. Small scale physical development an be considered providing the adjacent AEIs and SSIs are protected, and this is demonstrated by a suitable environmental impact assessment, and is consistent with other policies
[34] Structure Plan for the Maltese Islands, Explanatory Memorandum, para.15.34, p.101 which states In designated Areas of Ecological Importance (AEI) and Sites of Scientific Importance (SSI) the following general protection will apply:
1. A general presumption against development, including roads and public utility services, and particularly on crests of ridges and the edges of coastal and inland cliffs 2. A general presumption against activities likely to be a fire risk to a significant wooden area 3. A general presumption against development where noxious emissions are likely to create problems in nearby AEI and SSI 4. The removal of intrusive elements 5. The inclusion of buffer zones to further their protection
[35] Structure Plan for the Maltese Islands, Explanatory Memorandum, para.15.37, p.102 which states
The W[orld] C[onservation] U[nion] management classification system is internationally accepted, and should be used for AEIs and SSIs…
[36] These include that the Mgarr ix-Xini watercourse has been designated a rating of Level 2 or higher of Ecological Importance, while the GHar ix-Xih area is designated a Level 3 rating. The Ta` Blankas olive grove has been assigned a rating of Level 2 or higher.
Gozo & Comino Local Plan Map 13.1-A and Map 14.13-E. This makes the entire area subject to Policy GZ-RLCN-1 which states that
The areas indicated … shall be deemed to qualify for scheduling status according to the provisions of Structure Plan policies RCO’s 1-5 and RCO’s 10-12 … the designation covers areas of scientific importance and areas of ecological importance… Apart from the normal restrictions on development in rural areas, there shall be a strong presumption against the creation of new built structures (including cultivation and animal husbandry related structures) in AHLVs…
Structure Plan Policies RCO 1 to 5 aim at protecting scheduled areas from undue and incompatible developments, while Policy RCO 10 gives guidelines for designations of Areas of Ecological Importance and includes
Representative examples of typical Maltese habitats such as garigue, maquis, valley sides, watercourses…
[37] Gozo & Comino Local Plan Map 13.2 and thus subject to Policy GZ-RLCN-2 which states that
The valleys indicated … shall be designated to qualify in terms of Structure Plan Policy RCO 29… Category A Valleys shall be fully subject to the provisions of Structure Plan policy RCO 29.
Structure Plan Policy RCO 29 aims at preserving such valleys intact and “no new physical development” allowed.
[38] Gozo & Comino Local Plan Map 13.3, thus subject to Policies GZ-RLCN-3 and 4 which state that
There shall be a general presumption against any form of development…on garrigue…
and, that
There shall be a general presumption against the passage of services through garrigue… [39] Gozo & Comino Local Plan Maps 8.3.1 and 13.1-A, thus subject to Policy GZ- RLCN-2, vide footnote 35.
[40] Structure Plan Policy UCO 7 defines
Grade 1: Buildings of outstanding architectural or historical interest that shall be preserved in their entirety. Demolition or alterations, which impair the setting or change the external or internal appearance, including anything contained within the cartilage of the building, will not be allowed. Any Interventions allowed must be directed to their scientific restoration and rehabilitation. Internal structural alterations will only be allowed in exceptional circumstances where this is paramount for reasons of keeping the building in active use. Grade 2: Buildings of some architectural or historical interest or which contribute to the visual Image of an Urban Conservation Area. Permission to demolish such buildings will not normally be given. Alterations to the Interior will be allowed it proposed to be carried out sensitively and causing the least detriment to the character and architectural homogeneity of the building. Grade 3: Buildings which have no historical Importance and are of relatively minor architectural Interest. Demolition may be permitted provided the replacement building is in harmony with its surroundings.
Structure Plan Policy ARC 2 defines Class B sites as
Very important to be preserved at all costs. All measures to be taken to preclude any damage from immediate development.
[41] Gozo & Comino Local Plan Map 14.13-E, thus subject to Policies GZ-ARCO-1 and GZ-ARCO-2 which state that
The scheduled archaeological sites and the identified candidate archaeological sites in Gozo …shall continue to be protected according to Structure Plan policies ARC 2 to ARC 4. Safeguarded areas are being indicated for identified archaeological sites… Until such time that the relevant area or site is scheduled, requests for development permission shall be considered in the light of the proposed scheduling.
and, that
MEPA will give favourable considerations to development which facilitates the interpretation of an archaeological monument, provided that all … conditions are observed…
Structure Plan Policy ARC 2 states that the Malta Environment and Planning Authority will give a rating to scheduled archaeological sites.
Structure Plan Policy ARC 3 states that no development will be permitted in areas of archaeological importance
…if there is an overriding case for preservation. Where there is no overriding case for preservation, development of such sites will no normally be permitted until adequate opportunities have been provided for the recording and, where desirable, the excavation of such sites.
[42] Gozo & Comino Local Plan Map 11.2 and thus subject to Policy GZ-AGRI-1 which states that
MEPA will safeguard Areas of Agricultural Importance …
[43] Gozo & Comino Local Plan Map 11.2. Policy GZ-RLCN-6 states that
The areas shown … shall be considered as location areas for the siting of afforestation projects according to the provisions of Structure Plan policy RCO 31 and subject to the findings of a study assessing the effect of such afforestation on the environment of the area. Submissions for development permission shall include details on the implementation of the project as well as its management…
Structure Plan Policy RCO 31 states that
Afforestation project sites in non urban areas will make use only of indigenous and archaeophytic … species…
[44] A protected area is defined as (IUCN, CNPPA, WCMC, Guidelines for Protected Area Management Categories, 1994)
An area of land and/or sea especially dedicated to the protection and maintenance of biological diversity, and of natural and associated cultural resources, and managed through legal or other effective means.
[45] Dudley, N. and S. Stolton, Protected Areas for the New Millenium, January 1998, p.1, www.iucn.org
[46] Ibid, p.5.
[47] In Gozo, eight sites were assigned a Special Area of Conservation status. These are In-Nuffara, Il-Gebla tal-Halfa, Il-Gebla tac-Cawla and L-GHadira ta’ Sarraflu of national importance; of international importance are Ix-Xlendi-Wied tal-Kantra Area, Dwejra/Qawra area, GHajn Barrani Area and Ir-Ramla Area. www.mepa.org.mt
[48] The Mgarr ix-Xini/Wied Sabbara valley complex had been scheduled in 2001 (Government Gazette, November 9, 2001, pp. 9110-9121).
[49] A Protected Landscape is defined as a protected area managed mainly for landscape conservation and recreation. A Managed Resource Protected Area is defined as a protected area managed mainly for the sustainable use of natural ecosystems. www.iucn.org
[50] Dudley, N. and S. Stolton, p.3.
[51] Vide footnote 13.
[52] Vide footnote 27 | ||||||||||||||||||||||||||||||||||
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