The Planning Authority has refused to sanction alterations to a controversial catering establishment that has taken over part of the Sliema promenade. It has also directed its enforcement arm to reinstate the site and rectify the breaches.

Trattoria del Mare on The Strand was found to have extended beyond its permit, and the PA board noted, through photos presented by objectors, that it had even gone beyond the illegalities it was requesting to sanction.

The authority said it would be directing enforcement officers to carry out inspections in the evening when the restaurant operates at full capacity and its chairs and tables spread to the water’s edge, even occupying the seawall, blocking access to pedestrians.

The enforcement officers had previously only been there in the morning and found nothing amiss.

The application to sanction the alterations was unanimously refused by the board. The alterations included floor tiles and a service cabinet and signage.

The board chairperson expressed her disapproval of the ceramic tiles, saying public walkways could not just be paved by anyone.

Lawyer Claire Bonello, who represented a number of objectors and has been objecting to the kiosk that mushroomed into an extensive dining area, said: “It is high time these clearly abusive applications are clamped down on.

“All our open spaces are being taken over unjustly,” she stressed, adding that the battle was not yet over as the applicant, Anthony Catania, could appeal.

Sanctioning saga to evade enforcement

The Sliema kiosk was first ordered to reduce its “takeover” of the promenade and remove illegal structures a year ago, but it had extended its footprint instead.

Operating a full-blown dining area, it had applied for sanctioning to evade enforcement, with objectors insisting the application was yet another step in the incremental takeover of the Sliema-Gżira promenade.

Planters at the site have been extending beyond the tiled area, effectively increasing the catering operation. But calls for enforcement had not resulted in any action – only in the sanctioning application, which has now been turned down.

Bonello, a legal representative on many planning cases, pointed out that the development continued to obstruct free pedestrian flow, blocked views, creating noise pollution and cluttering the promenade.

Its reliance on a portable toilet, further blocking the seafront, and a food storage van stationed in a no-parking area at all hours of the day and night were also highlighted.

The truck was recently removed after a visit by the police, although residents had noted it was the only vehicle to remain there when all others had to be removed for the feast.

Complaints have also revolved around overflowing sewers, rats and other hygiene issues, with a nearby skip used by the kiosk to dump its rubbish, an unbearable stench and smoke emerging from the kiosk.

A non-compliant permanent roofed enclosure, eating into the promenade and obstructing views, was removed by the developer following public outrage over the eyesore, the ‘theft’ of the land and the lack of enforcement.

A whole string of breaches

In a detailed objection on behalf of her clients, Bonello had claimed the application in itself gave insufficient and incorrect information, pointing out that the previous permit never approved an outside catering area as stated in the description.

The application and notices were also hidden, said Bonello, who had managed to get the Ombudsman to weigh in and have the consultation period re-opened.

During Wednesday’s hearing, she listed the whole string of breached policies on the basis of which the sanctioning application should have been refused.

The kiosk went against local plan policies, causing the loss of pedestrian spaces along the waterfront, rather than establishing those spaces as required, she said.

According to the Policy, Guidance and Standards for Outdoor Catering Areas on Public Open Space, OCAs that were “contiguous and related to kiosks shall be expressly prohibited”, Bonello noted.

Astrid Vella from environment NGO Flimkien Għal Ambjent Aħjar, which had objected from the start, pointed out that sanctioning was applied for an area of 85 square metres, while the kiosk was already occupying 186 square metres.

“The applicant's architect, Stephen Psaila, claimed to be unaware the kiosk catering area had abusively more than doubled its original encroachment, despite being reported in the media.

“The plans submitted by Psaila were misrepresentations of what is presently on site and would have misled the PA if objectors had not highlighted the gross discrepancies,” Vella said, asking what disciplinary action was to be taken by the Chamber of Architects in this and similar cases.

The FAA maintained that enforcement action needed to be taken against all the abusive take-overs of public pavements, promenades and parking spaces.

“In many areas, including Gzira, Marsascala, Marsalforn and Xlendi, the pavements and promenades have been usurped completely, making it difficult to pass with a stroller, let alone a wheelchair, while trees at Xlendi and Marsalforn have been destroyed to squeeze in extra tables.

“This trend must be reversed, action against abuse needs to be taken, extra encroachments given due to COVID-19 reversed, and no more such permits issued. “It is time to prioritise the public's right to a decent quality of life over the profits of the few,” Vella insisted on behalf of FAA.