Arkadia delays enforcement against Suq tal-Belt canopy with appeal

The Arkadia company is defending the erection of a canopy which is blocking views to the Suq tal-Belt, a listed heritage building, arguing that the current structure is covered by a permit issued in 2018, in an appeal against the Planning Authority’s enforcement order asking them to remove the visually intrusive structure.

In June 2018, the PA approved shading canopies over the approved seating area through a development notification order. The awnings were installed over the winter period but were later removed only to be replaced by a new structure two months ago.

Following a public outcry, the PA reacted by slapping an enforcement order on Arkadia.

But because of the appeal the canopy cannot be removed until its conclusion, delaying any action by the authorities against a structure which many found offensive to the heritage.

In their appeal the owners argue that the awnings are covered by a development notification permit issued by the PA in 2018, arguing that on that occasion the authority had approved plans both for a temporary structure and a permanent a more permanent structure.

They argue that the canopy as erected conforms to the dimensions approved in the permit.

According to Arkadia the original canopy had to be replaced because it had suffered from deterioration “creating a hazard to the public and patrons in lieu of their poor stability.”

The appeal reveals several “flaws” in the temporary structures set up in 2018 citing an engineer report claiming that while “covering an extensive area” they had “minimum support.”

“The failure of any of these awnings due to wear and tear is unthinkable from a perspective of public health and safety.”

To address these flaws the new structures were installed with additional steel frames to retain the canvas covering, while still respecting the dimensions of the original permit.

Prior to the appeal, a PA spokesperson had told MaltaToday that the 2018 permit does not apply to the recently erected structures. A development notification permit issued in 2018 had allowed for a “one-time installation of a permanent canopy” within the said area and the permit has since than expired, the PA spokesperson said.

“The enforcement order makes reference to the recently installed canopies outside is-Suq tal-Belt… The DNO which has a validity period of one year cannot be re-used,” the spokesperson added when asked about the permit issued last year.

The Planning Authority has issued an enforcement order against the erection of two canopies outside the Suq tal-Belt obstructing views of the protected building.  

The owners are liable to pay daily fines which start from €10 and which can rise to €50, a year after the notification date.  

The planning enforcement was issued against Arkadia Marketing Limited which operates the food court in the Suq tal-Belt and the Commissioner of Lands.  

The enforcement order says that the “permanent” structures were built without a permit and obstructing the façade of a scheduled building.  
In June 2018, the PA had approved shading canopies over the approved seating area through a development notification order.  

The application referred both to a ‘temporary solution’ consisting of separate umbrellas to be erected for six months and a ‘permanent solution’ consisting of retractable awnings, similar to the ones erected. The retractable awnings had to rise to 3.5 metres.

The permit for the retractable awning was issued following another controversial permit issued by the Planning board in May 2018, when it approved a chairs and tables area in front of the Valletta market building, with 10 votes in favour and one against.

The application also included a permit so that the area consisting of tables and chairs will be surrounded by a glass structure.

During the PA hearing, spokespersons for the Valletta market stated that they signed an agreement with Valletta 18 and the Malta Arts Council so that every month there will be at least one cultural activity inside the market building.

Built in the 1860s, Valletta's covered market, popularly known as Is-Suq tal-Belt, had been restored by the Arkadia Group at the cost of €14 million after it was granted a 65-year-long lease by Parliament, that unanimously approved the deed in 2016.

The underground floor consists of a supermarket while the ground floor includes a food court. An additional visually intrusive upper level constructed above the scheduled building, includes a cafeteria and is used for private functions and cultural events.