The planning authority claims it is unable to act against two Marsascala eateries over illegal structures on public land as they have yet to be “legally served” with the enforcement notice against them.
According to notices dated July 29 and published in the government gazette on August 17, Taninu Bistro, in Triq is-Salini, and Fajtata Kiosk are both breaching planning laws.
Taninu, which describes itself on its website as a “fine cuisine bistro”, breached permit conditions by setting up a wooden structure on the public pavement. It also changed the use of public land in front of it by placing tables and chairs there.
According to the notice, the operators of the former gaming hall did not submit the required documentation to start operating as a restaurant.
The occupiers – that is, the contraveners in both cases – have not claimed the respective notices yet,- Planning Authority spokesperson
A separate notice says the Fajtata Kiosk on the other side of the locality, off St Thomas Bay, was set up permanently in a public parking area, while a wooden platform was built around the kiosk and tables and chairs set up on the pavement. All of this resulted in changing the use of public land into a place for commercial activity, according to the notice.
When Times of Malta visited this week, the kiosk was serving customers who sat on chairs on the pavement.
The illegalities by both eateries were flagged earlier this year by the Marsascala Residents’ Network for encroaching on public space.
In both cases, the enforcement notice can be appealed in front of the Environment and Planning Review Tribunal within 15 days.
'PA cannot contemplate further action...'
Asked whether the 15-day period starts from July 29 or August 17, a PA spokesperson said the notices required the contravener to remove the illegalities within 16 days from when the notice is “legally served”.
“While the owner of the sites has claimed both notices and the 16-day period have since elapsed, the occupiers – that is, the contraveners in both cases – have not claimed the respective notices yet,” he said.
“Until confirmation is obtained that the notices have been legally served to all parties involved, and that the respective 16-day period has elapsed, during which the contraveners can either comply with the instructions or appeal, the PA cannot contemplate further action.”
Asked to clarify how the PA confirms that the contraveners have been served the notice, the spokesperson said it is normally sent by registered mail. If that attempt fails and the letter remains unclaimed, the authority serves the notice by hand or affixes it on site for five days.
He added that if a notice is appealed, action on that case would have to be suspended. Still, in both cases, daily fines will start accruing on the 16th day.
First notice served in 2017
This is not the first time that the Fajtata Kiosk has been served a notice.
An enforcement notice was issued in 2017, and according to the PA online database, the case was closed and the ‘illegality’ – consisting of kiosk tables and chairs in a public car park and on the pavement without a permit – removed.
However, in October 2021, the illegality was found to have been carried out again while an application to “permanently place a movable kiosk” was pending. In April, this application was refused.
Separately, Taninu restaurant earlier this year submitted an application to sanction, which was eventually withdrawn by the PA itself since the applicant failed to submit the required documentation in time.
“However, it is being clarified that the enforcement notice was issued while the submitted application was still being processed, since, following further assessment, it transpired that the submitted drawings were not fully sanctioning all the infringements on site,” the PA spokesperson said.
“The enforcement notice instructs the contravener to remove the illegal structures and cease unauthorised use.”