Birgu Waterfront restaurant builds illegal structure despite PA refusal

Din l-Art Ħelwa has called for enforcement action from the Planning Authority after an imposing metal-tented structure was placed outside BOA restaurant along the historic Birgu waterfront, despite a permit refusal from both the PA and its appeals tribunal (EPRT).

Yet despite the issuance of an enforcement order, no direct action has yet been taken, DLĦ said, with the individuals behind the unauthorised structure still benefiting from it.

“The Planning Commission and the tribunal both confirmed that the metal structure cannot be allowed on this site. As a result, the structure cannot be legalised through sanctioning,” architect Tara Cassar, for DLĦ, said. “Instead, it must be dismantled at once. Any delay only benefits the violator and encourages the laissez-faire attitude that has facilitated the gradual deterioration of our built environment.”

The request for the metal structure’s permit was filed in August 2021, but it was outrightly refused by the Planning Authority since such fixed lightweight structures are inadmissible in Urban Conservation Areas.

The PA also deemed the structure to be visually intrusive, compromising this protected Area of High Landscape Value.

The applicant appealed in March 2022, claiming the proposal was in line with policy, but without stating which policies would allow the tented structure inside the UCA.

Din l-Art Ħelwa, an interested third-party in the appeal, asserted that there were no planning justifications for installing the metal structure within this historical environment. “It was clear from the photomontages provided by the applicant that the proposed structure would have an adverse effect on the protected landscape of significant heritage value and should not be allowed. The Superintendence of Cultural Heritage and Heritage Malta echoed these concerns, vehemently opposing the project due to its potentially destructive impact on this visually and historically sensitive area,” DLĦ said.

The Tribunal agreed with the objectors and confirmed the refusal of the proposed structure. 

Following this decision, the applicant chose to ignore both the Planning Authority and the tribunal and proceeded to build the metal tented structure anyway.