A developer has made a fresh attempt to rezone a section of a rural conservation area – which serves as part of the buffer zone for the protected Kalkara cart ruts – to increase space for an adjacent development.

Ray Zammit who, in 2020, was granted permission by the PA to develop 14 apartments, four maisonettes and a 10-car garage on a site in Triq it-Turretta and Triq Patri Mattew Sultana, submitted an application, PC/00070/22, seeking to shift the front garden and building alignment of his approved development.

This would result in the additional take-up of land that makes up part of the buffer zone of the Kalkara curt ruts.

In 2002, the cart ruts were given protection as a Class B site of archaeological value, which includes a surrounding buffer zone, intended to protect the historical features from damage.

Zammit has already filed an application seeking to rezone the area and change the alignment of his approved building in 2019.

This was rejected by the PA in January 2022 and, when Zammit sought to overturn the decision through an appeal, the planning review tribunal rejected his arguments for overruling the refusal and confirmed the planning watchdog’s original decision.

The Kalkara local council has objected to the fresh planning control application, saying it is “similar, if not identical” to the one filed in 2019 and refused by the PA.

Citing the PA executive council’s original decision, which said that the site falls within a rural conservation area where no further development should take place, the council said the regulator should, therefore, refuse this new application on the same grounds.

“If this application is approved, it will give rise to excessive development on a site that is not designated for such,” it said.

As the site also serves as the buffer zone for the protected cart ruts, the council added, the approval of such an application would drastically reduce the area earmarked to protect the cart ruts and, thus, result in a negative impact on Malta’s cultural heritage.

If this application is approved, it will give rise to excessive development on a site that is not designated for such

Heritage NGO Assoċjazzjoni Wirt il-Kalkara, as well as Moviment Graffitti, have also objected to the application on the same grounds.

The saga around the development of the land next to the cart ruts started in February 2020 when Zammit began works on the site despite having no approved planning application.

The planning watchdog subsequently confirmed that there was no permission to cover the works and that enforcement officials had gone to monitor the site.

A month later, the police were called to the site over fears that works could pose a danger to third-party properties.

It again resulted that no planning permission was in place while work was being carried out at the site, with the planning application still suspended at the time.

Despite these infractions, the PA later voted to approve Zammit’s permit.

The current planning control application is presently listed as awaiting a pending assessment, with the deadline for representation closing on March 2.