No apartment block next to Zabbar cemetery grounds, says health directorate

The Environmental Health Directorate has officially objected to the rezoning of land next to the Zabbar cemetery from one earmarked for cemetery expansion, to a residential purpose.

The directorate shot down the application, citing the police code which sets a minimum distance of 183 metres between cemeteries and the nearest residential households.

The law cited by the directorate actually does not even foresee the possibility of a new residential development being proposed next to a cemetery and is meant to preclude cemetery development next to houses. In fact the law states: “no cemetery shall be constructed at a distance less than one hundred and eighty-three metres from any house intended for habitation.” A number of residences in the area are already found within the 183m-radius from the cemetery.

Moreover, the directorate pointed out that this is the only area left for any future cemetery expansion if this is ever needed in the future.

It also referred to the inconvenience which may be caused to households touching onto the cemetery wall.

In a strongly-worded objection to the Planning Authority, the Zabbar council has already shown its consternation at the zoning request. “The cemetery is a sacred space and should not be abutting developments.”

The area is the sole part of the village to be designated for expansion of the cemetery in Zabbar. The council said the authorities had to respect the historical value of the site with a buffer zone between the residential area and the graves.

The Superintendence for Cultural Heritage has also expressed concern on the proposed development, which would result in an extensive blank party-wall bearing onto the historic cemetery. But instead of objecting to the zoning application, the SCH proposed a 3m buffer zone with a lower, rear elevation to mitigate the visual impact.

The Environmental Resources Authority, whose remit is strictly limited to assessing the environmental impact of applications, is not objecting to the application but noted the proposal’s impact on existing mature trees on site. It asked that the developer integrates the trees into the project’s design.

But conservation NGO Din l-Art Helwa called the zoning request illegal, because the PA is not allowed at law to rezone areas where development is not allowed, into developable areas.

The 1,300sq.m plot, whose trees and shrubs are enclosed by a high wall, would make way for the 17.5m-high residence, despite forming part of a wider green area, if the zoning request is accepted.

This piece of land cannot be developed as it is zoned for potential cemetery expansion in the 2006 local plans, which refers to the rising demand for private graves by people in their own locality.  Applicant Alexie Tabone said he does not own the entire site but has presented consent forms from the other site owners.

Zoning applications are meant to set development parameters for particular sites, either in cases where developers ask for a change in local plan policies, as is the case for this application, or when these parameters are not clearly established in the local plan.