Application seeks to sanction illegal half-built capitainerie in Gzira

An application has been filed with the Planning Authority (PA) seeking to sanction the illegal half-built capitainerie project along the Gżira-Ta’ Xbiex marina.

Earlier this year, a court annulled a permit granted to Transport Malta (TM) for the construction of offices and a restaurant along the marina in front of the Gżira garden.

Construction works began before the court passed its judgment and the project remains half-built.

The new application (PA/3664/25), filed by Gardens Marina Ltd and architect Ray Demicoli, seeks to sanction the half-built structure and repropose an almost identical plan to the one that was originally approved.

The applicant acquired a 25-year concession for the site in 2020. The company, jointly directed by businessmen Matthew Fiorini Lowell, Paul Joseph Gauci, Mark Gauci and Patrick Satariano, agreed to pay €2.2 million upfront.

The new application plans to reconfigure the parking area, embellish the surroundings, and introduce two structures: a 162-square-metre cafeteria and a 163-square-metre office. The only noticeable difference is that the original permit proposed a restaurant instead of a cafeteria.

The application includes a document from the Lands Authority granting the applicant permission to carry out the proposed development.

The document also states that the authority gave its consent for the applicant to submit a Planning Control (PC) application. But no PC application in the area is visible on the PA website. 

These types of applications are used when an applicant wishes to apply for a minor modification to the land use.

How did we get to this stage?

After the original permit was issued by the PA in July 2023, objectors - residents and NGO Flimkien għal Ambjent Aħjar (FAA) – filed an appeal with the Environmental and Planning Review Tribunal (EPRT), but this was rejected in October 2024.

Following this decision, the applicants began construction works in November 2024.

Objectors then filed an appeal with the Court of Appeal, which annulled the permit earlier this year.

In its judgement, the court flagged a “conflict of interest” as Transport Malta was consulted on the project, while it was also the applicant. Instead, the court said that an independent transport reviewer should have been assigned to the role.

The court also noted that part of the proposed project was due to take up public land, without any other public land being offered as compensation for that.

Developers were able to begin work as the current law allows construction work to begin even if the permit is subject to an appeal.

This situation has led to controversial developments being shot down by a court after construction has commenced.

However, in July, the government tabled two bills in parliament that propose sweeping changes to the planning system. These changes include the requirement to halt construction work if an appeal has been filed, while also shortening the appeal process.