Żabbar Council appeals permit for care home, says it breaches policy

Żabbar Local Council has filed an appeal against a development permit issued by the Planning Authority for a five-storey care home for the elderly in the locality's main square.

The proposed development, across from the parish church, was approved by the PA after being downsized from seven storeys in November. The planning commission, responsible for applications within the development scheme, had unanimously voted in favour of the case officer's recommendation to approve the application.

The site is located at Misraħ tal-Madonna Medjatriċi and Triq Ganni Bonavia. The square includes Notre Dame Hall, the Żabbar Sanctuary Museum, and Dar Sagra Familja, a children's home run by the Church. Next door to the Żabbar Sanctuary Museum lies Żabbar’s parish church.

The local council and a number of NGOs held a protest against the development last month.  

In its appeal, filed before the Environment and Planning Review Tribunal, the local council argued that the development will have a negative impact on the skyline and the uniform design of the streetscape. As approved, the development would be higher than the church.

It argued that the development was a threat to the square’s socio-religious aspect that is central to residents.

Furthermore, the development breached policy which provided that the height of a building needed to be based on analysis of the streetscape so as not to create an “unacceptable” visual impact. The development as approved would create blank party walls and shadows which would change the urban characteristics and architecture of the area once and for all.

The proposed development would also have a spill-over effect, resulting in a situation where buildings that had lower architectural value would dominate on those with a higher value.

In its appeal, the local council also highlighted that the proposed development would increase traffic in the area and cause a loss of parking spaces.

“The local council is of the opinion that no contribution would adequately compensate the confusion and traffic congestion that would be created through lack of sustainable planning by the applicant and the opportunistic and abusive use of existing policies to justify the lack of parking spots at planning stage,” the appeal says.

The council also argued that the Planning Authority did not act with a sense of proportionality. Even if a home for the elderly of the proposed height was needed in the locality, this did not mean that it should be in the middle of a historical square and near a church.

The council called on the EPRT to revoke the Planning Authority's permit decision.

The appeal was signed by lawyers Veronique Dalli and Rachel Powell.