The Ombudsman has slammed the Planning Authority for failing to take action against a business owner encroaching on public space, accusing it of “encouraging” rule breakers.
In a news release on Tuesday, the Office of the Ombudsman said that its recommendation that the PA issue a stop and enforcement notice against a Mellieħa catering establishment in the heart of the village was ignored.
The complaint was about the premises of a db Group outlet in Misraħ iż-Żjara tal-Papa, Spanish restaurant Espiral near the Mellieħa parish church.
Despite having no permits to set out tables and chairs, the outlet has been doing so since opening its doors in August 2023.
The property also had some irregularities with their roof services that needed to be addressed.
Applicant db Group CEO Robert Debono subsequently filed a minor amendment request seeking approval of the roof services but did not include any attempt to sanction or regularise the uptake of public land through the placing of tables and chairs outside the establishment.
The PA, the Ombudsman said, never replied to the Commissioner’s letter recommending that it issue a stop and enforcement notice against the establishment.
But on the very same day the recommendations were issued, db Group’s pending application suddenly changed to a sanctioning application for the tables and chairs.
The sanctioning application is set to be decided on Friday and is recommended for approval.
The Ombudsman lambasted the PA for its behaviour, saying that it is tantamount to helping rule breakers get away with it.
“The Commissioner considers the way the Planning Authority acted in this case as an encouragement for contravenors to do as they please since the Planning Authority will not only take no action but it will also help them in avoiding such action,” they said.
“The use should have immediately been stopped in line with Article 73(1) of the Development Planning Act whereas an enforcement notice should have been issued against the services on the roof.”
The case has been referred to the Prime Minister and to Parliament for further action.
db’s takeover of the Mellieħa piazza has also been the target of a sticker campaign decrying the uptake of public spaces for commercial interests.
While the effort is being coordinated by Graffitti, they stressed that the stickers are being put up by fed-up citizens who are tired of being ignored by authorities.
The stickers have appeared in Valletta, Sliema, Mellieħa, Marsascala and Buġibba over the last few days.
Valletta residents also took to the streets over the weekend, protesting tables and chairs taking up so much of their pavements and streets.