The Planning Authority has refused a planning application to turn a site adjacent to the Turkish Military Cemetery in Marsa into a garage complex, citing the project’s scale as too substantial to be built next to a Grade 1 scheduled monument.

The PA’s case officer had previously recommended the project for approval.

In a fiery Planning Commission sitting on Wednesday, architect Stephen Farrugia hit back at the PA saying that the assessment process of the application had “failed completely” and that the Planning Directorate had not given him any feedback for him to draw up plans that would allow his client to develop the site with sensitivity.

After being told to scale down his plans and introduce a buffer zone around the development to protect the cemetery, Farrugia said he had received no further guidance on how to take the project forward in a way the authority would find acceptable.

“The directorate totally failed in this process because we didn’t get any reactions to what we were presenting,” Farrugia said.

“Other than telling us they were moving to grant, they left everything we disagreed about as a reserved matter, which to me is an exercise in being non-committal.”

He added that the authority needed to give a clear indication on what is and is not permissible on the site, as the fact remains that development is allowed in the area.

“The site is zoned for industrial use and that’s why my client bought it, with the intention to develop it,” Farrugia continued.

“Now we have to find a balance on how it can be developed sensitively. Otherwise, say clearly that the area is not zoned for this kind of development and compensate my client for his land. But someone has to set out guidelines for what the balance is because till now we have not been made aware of it.”

Architect and academic Conrad Thake spoke during the hearing about the cultural and historical importance of the adjacent Turkish cemetery, noting that he had been studying the building for a number of years.

He was promptly interrupted by the applicant, Mark Cassar, who attempted to shout over the professor’s comments.

“You can do all the research you like, but you cannot impose. It doesn’t belong to you,” Cassar shouted.

Thake continued to explain that the Turkish military cemetery was a unique national monument that should be protected.

“When considering the visual impact, it’s a 12-metre block, so four conventional stories, and when you consider the height of the minaret towers, it will be roughly the same height,” he said.

“A buffer zone will not solve the problem of visual impact. This is something we have to treat with sensitivity,” Thake said.

Jonathan Borg, from the Superintendence of Cultural Heritage, said that the SCH had not been notified of new visuals submitted by the applicant and insisted that without photomontages that show the full scale of the development in its surroundings, the application could not be properly assessed.

“On this site there is not only one, but two Grade 1 scheduled monuments side by side,” he said.

“There is both a Muslim and Jewish cemetery of high cultural value side by side. Not only is there nothing else like this in Malta, but it is also very likely there is nothing like this anywhere else in the world.”

“This is the context of the site and this is why we asked for photomontages according to established guidelines because without them we feel this application cannot be assessed properly. This is not how national monuments of this level should be treated.”

Borg also criticised the PA’s case officer report for not properly assessing the SCH’s comments when drawing up its recommendation.

“All the case officer mentioned is that the SCH did not object to the existing buildings on the site being demolished. And what about the rest of the SCH’s comments? We clearly recommended that any development should have a buffer zone of at least 10 meters and should not exceed one industrial storey,” he said.

“The local plan sets out parameters, but this must be balanced with the protection of heritage. The parameters do not overshadow every other factor in consideration.”

Marsa mayor Josef Azzopardi said that the council, who objected to the development, would be holding the PA responsible for the building's adequate care and protection. 

“This is a historic and scheduled monument and we don’t want to risk it becoming damaged in any way,” Azzopardi said.

“It’s true we don’t own the site or any of the surrounding land. But heritage belongs to everyone and cannot be taken away from anyone.”

The comment prompted Cassar to interject once again, saying that what the mayor was saying was irrelevant.

He said he had bought the land for development and if he was not allowed to do this he should get “paid for it”.

“You people are all fake... Would you be speaking like this if the land were yours? Would you leave it empty? That’s all I have to say.”

In her final comments, chair Stephania Baldacchino said that despite a long discussion about the issues, the development’s massing was still too substantial and the industrial use too severe for the context of the site. The board voted to refuse the application. There were no votes in favour.