The controversy surrounding a new restaurant platform in Valletta’s Merchants Street continued to rage on Friday, as the Planning Authority claimed no one had objected to it but those opposing it said it had been erected in breach of policies and approved designs.

The PA sought to quash the opposition to the large metal structure being installed by the luxury Rosselli Hotel, saying key players like the Malta Tourism Authority and the Valletta local council had not filed any objections.

But lawyer Claire Bonello, specialised in planning law, rubbished the authority’s “irrelevant and misleading” argument, saying it had to observe the laws and policies, irrespective of objections.

“People and entities cannot be expected to be on a 24/7 objection watch just in case the PA wants to evade the law,” she said.

She insisted the platform went against policy and that the PA’s case officer had admitted this but still approved the permit.

Platform 'against the law'

According to the case officer’s report, the proposed area for tables and chairs exceeded the legal maximum by 30 centimetres.

Policy, Guidance and Standards for Outdoor Catering Areas on Public Open Space restricts these areas to a third of a pedestrianised road, the case officer had said.

In this case, the “minimal variation” was endorsed by Transport Malta, the Lands Authority and the Superintendent of Cultural Heritage, so the directorate believed the proposed width should be accepted.

“The Planning Commission unilaterally and arbitrarily decided this was minimal and allowed it,” Bonello said.

“It is against the law and should have been reduced or rejected.”

The policy also indicates that outdoor catering areas in pedestrianised streets should be positioned on the ends, with a gap of at least 2.5 metres for access to emergency vehicles.

The structure – composed of two separate areas for outdoor catering measuring over 40 square metres – occupies the middle of the road.

How can the platform be removed?

Bonello said the Planning Commission went out of its way to approve the “obscene” application, even laying down unenforceable conditions, such as dismantlement when not in operation even though the hotel never closes, meaning the platform is effectively permanent.

She acknowledged, however, that the only legal remedy available at this point was for someone to file an application for revocation, which costs an “eye-watering” €500 and may be refused by the PA.

Nevertheless, objectors have written to the PA to point out that a comparison between the proposed and actual structure showed that the platform was meant to be “flush with the street” at the top end of the slope.

Instead, it is at least 15cm higher, without the decking, and even higher at the lower end of the road.

According to its plans, the platform should be flush with the street. Photo: Matthew Mirabelli

So, apart from being a departure from the approved designs and bulky, it has given rise to accessibility concerns among the residents.

The Commission for the Rights of Persons with Disability has, in fact, said it objects to the hotel platform.

Platform saga rekindles residents' group

Prompted by the platform, residents have decided to rekindle a pressure group for Valletta, hoping “prompt and effective action” will be taken to stop the works.

They plan to list Valletta’s priorities that need addressing and meet all stakeholders.

Meanwhile, Valletta resident Rueben Grima, who is senior lecturer in the university’s faculty for the built environment and works in the cultural heritage field, described the platform as “ghastly, unnecessary, disproportionate and not the direction we want to see Valletta go in”.

Hotel defends platform as PA ignores questions

Rosselli Hotel owners, AX Group, has said the platform conforms to the approved permit, adding it will “complement Valletta and Malta’s strategy of upgrading the tourism product”.

The PA said the platform was being built in line with the approved plans and “categorically” denied the local council’s claim that it had not been notified about the application.

Neither had it received any objection from the Malta Tourism Authority, which, in turn, has only told Times of Malta it does “not issue any permits for structures (for tables and chairs)”. It suggested forwarding questions to the authority.

Without going into the merits of individual cases, a day later, Tourism Minister Clayton Bartolo was non-committal about the case, saying the policies for outdoor catering areas had to be adhered to and if these needed to be changed, they would be discussed.

While focusing on the lack of objections, the PA failed to answer other questions about the permit. It was pointed out, for example, that works started even before the decision was published in The Malta Government Gazette, scheduled for September 7, and before which a commencement notice to the PA could not even have been submitted. Work should start five days after that, Bonello confirmed.

Moreover, the permit should have been suspended for an appeal period of 30 days.

PA 02520/21 drew in criticism from various fronts, with the head of the university’s art and history department, Keith Sciberras, describing it as the “unabashed commercialisation” of Valletta.

Mayor Alfred Zammit expressed opposition to the “exaggeration” and the fast tracking of the application was also highlighted.

The general sentiment is that people are “sick of the uptake of public space” and that the platform that eats up Merchants Street is symptomatic of a wider issue.

The problem spills over to the Senglea waterfront, for example, where chairs and tables make it almost impossible to walk, one architect pointed out.

COVID-19 gave rise to the sprawl of outdoor dining for social-distancing purposes but whether politicians will remove the concessions post-pandemic is another question mark.