PA slaps Fortina Group with planning enforcement

The Planning Authority has slapped the Fortina Group with a planning enforcement against illegalities in its new lido, which it is trying to sanction through a planning application. 

According to the Planning Authority the enforcement order was issued because although the contravener was instructed to stop all works on site, they continued after the submission of the sanctioning application in January. 

The illegalities include a considerably larger than approved lift structure on promenade level and an extension of the restaurant’s dining area on an underlying terrace and the addition of a canopy to cover it.   

The enforcement was also issued against the Lands Authority’s chairperson since the land was leased to the Fortina Group by the government.  

The application involves land which was transferred by the government to the Group in a parliamentary resolution presented three years after the permit was issued and after works were already finalised. 

The owners are now liable to daily fines which according to current laws do not exceed €50 a day. 

But although the fines paid are far from a deterrent, PA insiders have told MaltaToday that this represents a welcome change from the passive attitude taken by the authority when faced with applications to sanction illegalities. 

This could reflect growing unease with the ‘build now, sanction later’ mentality which is eroding public trust in the authorities.   

PA explains procedure 

MaltaToday asked the Planning Authority to explain why other developments seeking to sanction illegalities have not been slapped with an enforcement order and whether such decisions are taken on a case-by-case basis.   

A spokesperson for the Planning Authority said the Compliance and Enforcement Directorate follows up on infringements and discusses the issues with the contravener.  

“If the contravener opts to submit a sanctioning application, within a stipulated period, and the works on site do not proceed until the sanctioning application is approved, then an enforcement notice is not issued.” 

However, in this case, the enforcement notice EC/039/24 was still issued since, “even though the contravener was instructed to stop all works on site, works were taken in hand after the submission of the sanctioning application”.