Tribunal overturns refusal of Paola basilica café plans

Plans for an interpretation centre and cafeteria at Paola’s Christ the King Basilica have been approved on appeal after a tribunal overturned the Planning Authority’s refusal of the project.

The Environment and Planning Review Tribunal (EPRT) ordered the authority to issue the permit for application PA/02260/24 within 30 days of Thursday's judgement.

The appeal was filed by parish priest Fr Marc André Camilleri after the Planning Commission rejected plans to convert the basilica’s two belfry towers into an interpretation centre and build a cafeteria and souvenir shop at street level.

The project includes exhibition rooms spread across six levels of the belfries, an observation deck at roof level and the demolition of three garages along Church Street.

These will be replaced by a single-storey building housing a Class 4B shop and a Class 4C cafeteria intended to complement the interpretation centre.

The Planning Commission refused the application in January, saying the development would be incompatible with the character of the Urban Conservation Area and would harm the visual integrity and symmetry of the basilica.

It also said the project would alter the external appearance of a Grade 1 scheduled building and detract from its historical value.

The tribunal found that the basilica was not formally scheduled as a Grade 1 building, meaning that part of the authority’s refusal was based on an incorrect factual premise.

It nevertheless stressed that the absence of formal scheduling did not diminish the church’s historical, architectural and urban importance, or mean it was not entitled to protection.

The tribunal did not uphold all the arguments raised by the parish.

It rejected the claim that the Planning Commission was bound by the case officer’s recommendation, ruling that the commission was entitled to carry out its own assessment and depart from that recommendation.

It also rejected the argument that the parish had acquired a legitimate expectation that the permit would be granted after securing clearances and responding to requests for amendments.

The commission’s earlier indications and requests for further information were provisional and did not amount to approval, the tribunal said.

However, it upheld the appeal on the substantive planning grounds concerning the project’s design and effect on the basilica.

The judgment found that the commission’s refusal focused mainly on the proposed street-level shop and cafeteria rather than the conversion of the belfries or the observation deck.

The proposed single-storey building will extend for about 25 metres along the northern side of the basilica, occupy a footprint of roughly 175 square metres and rise to a total height of around 3.6 metres, including a one-metre parapet.

Most of it will replace three garages already built alongside the church. Only around 15 square metres of the cafeteria will extend beyond the garages’ existing footprint.

The tribunal described the garages as relatively recent structures with little architectural merit or historical value and said their replacement would amount to a substantial improvement.

It found that the new building would not involve any direct intervention on the basilica’s historic fabric.

The proposed façade includes vertically proportioned openings, stone surrounds, traditional stone finishes and balustrades reflecting details already found on the church.

No commercial signs are proposed on the façade, while rooftop services will be hidden behind the parapet and an additional timber screen.

The tribunal said the building’s scale, proportions and materials were intended to complement the basilica without imitating or competing with it.

It also concluded that the Planning Authority had not accurately reflected the existing site when arguing that the development would introduce a new volume disrupting the church’s symmetry, since the area was already partly occupied by the three garages.

The tribunal gave considerable weight to the position of the Superintendence of Cultural Heritage, which had supported the revised proposal following further discussions with the Church’s cultural heritage commission.

Although the superintendence’s advice was not binding on the Planning Authority, the tribunal said it should be given substantial weight in a case centred on the impact of development on a building of cultural importance.

It found no valid reason to depart from the superintendence’s conclusion that the design was acceptable.

The tribunal also considered the dispute over whether the new structure should be built mainly in masonry or designed in glass.

Minutes from a November 2025 commission meeting show that the Planning Commission had asked for the possibility of a glass structure, or another material distinguishing the cafeteria from the church, to be explored.

The tribunal found that this had only been a provisional suggestion and was not expressly included as a reason for refusal.

It nevertheless said the use of stone would not conflict with the architectural character of the basilica or its surroundings and would help the building integrate more harmoniously with the historic setting.

Rooftop proposal prompted public backlash

The application first drew public attention in 2024, when plans included a cafeteria on the basilica roof between the two belfry towers.

The rooftop proposal prompted criticism, with Prime Minister Robert Abela describing it as a “non-starter”.

Fr Camilleri defended the wider project at the time, saying the parish needed to generate income to meet the cost of maintaining and restoring the vast church.

The Curia later said the parish intended to operate a small cafeteria rather than a restaurant and that the proposed catering use would be amended.

The plans were eventually revised to remove the rooftop cafeteria and move it to ground level, while retaining an observation deck between the belfries.

In July 2024, the government committed €400,000 towards the restoration of the basilica, with the relocation of the cafeteria forming part of the revised arrangement.

The interpretation centre remained part of the project.

Fr Camilleri previously described it as a “vertical museum”, with visitors moving through a series of rooms in the belfry towers containing exhibitions about the history of the basilica.

The tribunal has now ordered the permit to be issued according to the approved drawings and supporting documents, including clearances from the Commission for the Rights of Persons with Disability and the Malta Tourism Authority.

Standard planning conditions for this type of development will also apply.