The Environment Planning Review Tribunal has rejected an appeal to overturn a controversial permit given for a block of flats to be built adjacent to a site of protected cart ruts in Kalkara.
The Planning Authority originally granted permission for the development in July, which proposed the demolition of a disused dwelling to excavate a 10-car garage as well as four maisonettes and 14 apartments in Triq it-Turretta and Triq Patri Mattew Sultana.
The Kalkara local council appealed the decision, arguing that the site was within the buffer zone set up to conserve the integrity of the protected cart ruts.
It also argued that the development would contribute to the urban sprawl at the site and create a precedent for further applications to be accepted in the area.
Additionally, the council objected to the fact that demolition works had started on the site in January of last year without planning permission nor archeological monitor, as had been recommended by the Superintendence of Cultural Heritage.
The tribunal rejected the appeal as null, as the local council could not be recognised as third party objectors.
Examining the merits of the appeal regardless, the tribunal said that the development as proposed does not breach any relevant policies as it is within the development zone, adding that the permit holder had agreed to all requirements placed by the superintendence.
“While taking note of the appellant’s submitted arguments in this request for appeal, the authority contends that there are no sound planning justifications that may lead this Honourable Tribunal to uphold this request for appeal,” the decision read.
Times of Malta reported last year that development had started on the site before planning permission had been decided by the PA, with developer Ray Zammit saying “who are you to ask me questions” when asked whether permission to work on the site was in hand.
Works were subsequently stopped by the PA’s enforcement unit.
The application generated further controversy over the summer, when Moviment Graffitti activist Karen Tanti had her microphone turned off while arguing against the project during an online hearing held by the Planning Commission.