Issue link: https://maltatoday.uberflip.com/i/734031
maltatoday, SUNDAY, 2 OCTOBER 2016 10 JAMES DEBONO THE Planning Authority's (PA) Environment and Planning Review Tribunal has overruled the Super- intendence for Cultural Heritage to allow the demolition of a vernacu- lar building in Zabbar, and to make way for the development of a new four-storey building, a permit for which is now imminent. The PA last year turned down the application to demolish the building – a traditional Maltese farmhouse built around a central courtyard – and surround the site with a wall. The Superintendence for Cultural Heritage (SCH) insisted that sub- stantial parts of the building merit conservation since they are of "ar- chitectural value synonymous with vernacular structures dating to the Early Modern Period (16th to 18th centuries)" and objected to the demolition of the "historical parts" of the structure. The SCH had even indicated the two parts of the structure, which should be retained. It also pointed out that a well of "probable histori- cal value" survives in the property proposed for demolition and that the property is located in an area where important discoveries were made in the past, including rock cut tombs dating to the classical period. Developer Frans Muscat justified the demolition because the build- ing is an obstacle to the existing thoroughfare, protruding beyond the building line. He also argued that the features present in the building are commonly found in Urban Conservation Areas (UCAs) where such structures would be appropriately located within a con- textual setting. The development had also been vetted by the PA's two internal her- itage watchdogs, which expressed contradictory opinions. The PA's Heritage Protection Unit expressed a preference towards the retention of the building but said that the lo- cation outside the road alignment should also be given its due con- sideration. The Cultural Heritage Advisory Committee approved the demolition. The PA's planning arm origi- nally favoured the demolition of the building because of its "unsafe location outside the building line". But the other arm, the environment planning commission, ultimately decided that the permit would be in breach of policies aimed at safe- guarding the cultural heritage. Now the PA's appeals tribunal – the Environment and Planning Review Tribunal – justified over- turning the PA's decision, arguing that the demolition of the build- ing would improve road safety by opening up Triq Sant Antnin. It also argued that the context of the building had changed from a rural one to an urban one, which is characterised by modern buildings. Moreover the old building did not serve to give an identity to the area. The tribunal was composed of Martin Saliba, Robert Sarsero and Simon Micallef Stafrace. JURGEN BALZAN ST Paul's Bay is home to countless bars, restaurants and hotels, and thanks to the low rents it probably is the most ethnically diverse local- ity in Malta. It is also the favourite destina- tion of thousands of tourists who spend their time getting sunburnt on the rocky beaches and drunk in the various pubs and karaoke bars in Bugibba and Qawra. But the diversity has not hin- dered the local council in object- ing to a planning application for the conversion of a garage into a Muslim prayer room: the decision was unanimous because, accord- ing to the council, this will have a detrimental effect on residents and the tourism industry. Mayor Graziella Galea said the council unanimously agreed to op- pose the permit, because the pro- posed prayer room was inadequate for worship, and would create a hindrance to public order and in- crease problems of parking space. Asked by MaltaToday whether the council had similar reserva- tions over other places of worship in the locality, including chapels and prayer rooms used by religious groups belonging to various Chris- tian denominations, Galea said "so far residents have not complained. But if they do complain we will take the necessary action." Claiming that the prayers are "il- legal," Galea said that the council has filed an official police report to stop the Muslim prayers from tak- ing place in the premises in Triq il-Mazzola in Bugibba. During the council meeting, a representative from the Malta Muslim Council Foundation (MMCF), Bader Zeina, urged all parties to come together and find a solution. However, speaking to MaltaTo- day, Galea said that this was not the council's responsibility and she called on the authorities to find an alternative premises for the Mus- lim community. Speaking to this newspaper, Zei- na said that the Muslim communi- ty in the area has grown to such an extent that they had to split them and hold two different praying ses- sions to accommodate everyone. "Right now we need to cater for some 400 people in St Paul's Bay," Zeina said, adding that the MMCF was doing its utmost to find a so- lution. "People ask why we do not pur- chase a property or a plot to build a place of worship but this is the second time a local council object- ed to a planning application for a change of use of a building into a prayer hall. We cannot make big financial commitments without having a guarantee that the per- mit will be issued, especially since we completely rely on donations," Zeina said. He added that the immediate neighbours of the garage in Bu- gibba had never complained and insisted that the regularisation of Muslim places of worship is vi- tal because the foundation is "the frontline defence against any pos- sible threat of radicalisation." "We are an independent group, we do not receive any funding from foreign countries or organi- sations. We are mostly Maltese citizens who abide by the laws of the country and we are under no foreign influence," Zeina said. Zeina – himself a Maltese citizen – said that years ago the commu- nity had filed an application for the change of use of a large garage in Sta Venera, but despite being given the green light by the Planning Au- thority case officer, the permit was blocked after the local council ob- jected to the change of use to turn the site into a multi-purpose hall. The council filed two main objec- tions, namely the increase in traf- fic and because they determined that the venue would be used as a mosque. The Muslim community had a similar application turned down by the Planning Authority some 10 years ago for the change of use of another venue, in St Paul's Bay. A lack of premises had led the MMCF to hold prayers in the Msida garden opposite the church, leading to protests by Islamopho- bic and right-wing groups. A stopgap solution was found af- ter the education ministry offered the foundation the Ospizio com- plex in Floriana, where prayers are still held on Fridays and where the MMCF have their temporary of- fices. An offer is on the table to sign a one-year contract over the premis- es in Floriana but the deal has been stalled since the foundation has not yet been officially recognised by the government. "We have applied to have the foundation recognised for almost a year but the government notary has so far refused to give her go ahead. Once we are recognised as a foundation we'll be able to sign the contract as a foundation and not as individuals," Zeina said. A separate application for a change of use of a garage in Msida is in limbo, with the Planning Au- thority refusing to put the applica- tion on hold while the MMCF is officially recognised. News St Paul's Bay council files police report over Muslim prayers Mayor says council has not objected against presence of Christian praying centres in locality because residents have not complained Zabbar vernacular farmhouse set for demolition PA tribunal overrules cultural heritage superintendence to permit demolition of vernacular farmhouse deemed to merit protection This building is set to be demolished against the advice of the Superintendence for Cultural Heritage Graziella Galea: council unanimity and (right) Bader Zeina