Ta’ Xbiex Seafront boathouse turned into an office

The Plan prohibits the change of use of existing garages and boathouses in the vicinity of 'It-Telgha ta' Ta' Xbiex, both for residential and for any other use. 

In a reaction to the Commission's decision, the applicant lodged an appeal before the Environment and Planning Tribunal, calling for the revocation of the decision since his property lies along a sharp bend together with a several identical garages.

In his appeal, the applicant added that in the same street and less than four metres away, a similar garage was converted into a shop after the Authority has issued a permit. Moreover, the applicant pointed out that the sharp corner where the garage is located constitutes a traffic hazard as vehicles and boats cannot navigate in and out of the garages. 

Applicant made also reference to the fact that the policy itself (in this case, NHGT 13 of the approved North Harbour Local Plan) prohibits the construction of additional garages or boathouses in the area.

On its part, the Authority reiterated that Policy NHGT13 is intended to protect the existing off-street parking provision. For this reason, the Authority maintained that the applicant's request to convert the existing garage into an office cannot be favourably recommended. 

Nevertheless, the case officer underlined that the similar permits that were quoted by the applicant in his appeal should not serve as a precedent since these were issued in contravention of the Local Plan. 

In its assessment, the Tribunal concluded that the garage in question is flanked with similar commercial development on either side.

Moreover, the Tribunal confirmed that the garage in question is located along a sharp bend where traffic considerations raised concern. As a final point, the Environment and Planning Tribunal insisted that the proposed use is not tantamount to a loss of parking space, since the garage under review is not linked to an established development. 

While taking this into account, the Tribunal consequently instructed MEPA to issue the permit for the conversion of the boathouse into an office.

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