Updated 2.44pm with PA right of reply
A goat and sheep farm metres away from the nearest residential property in Żabbar is "justified from a planning point of view", the chair of the Planning Commission has said, despite strong objections from residents.
David Zammit, his mother and other families living in the area have been campaigning against the development for seven years, arguing that it was illegal, would generate noise, smells and flies and devalue neighbouring properties.
But at a hearing on Wednesday morning, Planning Commission chair Martin Camilleri indicated he was minded to approve the development.
"Where are we supposed to approve agriculture-related activities if not in ODZ (Outside Development Zone) and rural settlements?" he said.
"Fresh take up of land is justified from a planning point of view because agricultural development must only happen in areas like this one."
The PA later insisted that Camilleri's words had been misrepresented (see below).
No decision was made on the application, which seeks to build a farm for 60 goats and sheep just a few metres away from the nearest home in an outside development zone of the Ħas-Sajd area.
Seven-year battle
Zammit has argued the goat farm could, if approved, set a dangerous precedent for illegal development in other rural areas.
The area, which contains around a dozen houses, was designated as a category 3 rural settlement in the local plan, which specifically prohibits any new take-up of virgin land.
During an almost seven-year legal battle, the application has been accepted and refused multiple times, with the developer and the objectors grappling over two different planning policies that seem to both allow and prohibit the development.
Opposing policies
The area, which contains around a dozen houses, was designated as a category 3 rural settlement in the local plan, which specifically prohibits any new take-up of virgin land.
This policy appears to prohibit the development of the farm and says its policies "should take precedence" over other "policy guidance notes".
However, another policy document - the Rural Policy and Design Guidance (RPDG) - allows the farm to be built and also says its "policies supersede any other conflicting provisions".
In a hearing before the Planning Commission on Wednesday, developer Anthony Delia's lawyer, Michael Grech, argued the farm should be given the green light on the grounds of the RPDG document and resident David Zammit's lawyer, Claire Bonello, argued it should be refused on the grounds of the local plan.
During the hearing, project architect Benny Cortis also explained how the plans were modified to lower the height of the farm and reduce its length by more than 16 metres.
The Commission asked him to submit a full set of modified drawings after which the case will be referred again to the Agricultural Advisory Committee for their comments.
The hearing will continue in six weeks.
PA right of reply
Later on Monday, the PA issued a right of reply, saying Times of Malta had been "incorrect and misleading" in its choice of headline.
"The Chairperson of the Planning Commission, Mr Martin Camilleri who was presiding over this hearing only said that it is justifiable that proposed farms are sited in ODZ rural settlement areas, such as is the case with the proposed goat and sheep farm, limits of Zabbar.
"Mr Camilleri never said that it is justified to have farms sited in residential areas. A decision on the application was deferred to a later date," the PA said.