A Mellieħa restaurant's outdoor furniture in an open space did not have Lands Authority approval for encroachment, newly publicly available documents show.

It comes a day after activists and six residents' groups occupied tables and chairs outside a restaurant in a central Mellieħa Square, protesting what they say is an "illegal land grab by db's catering establishments".

In response to the protest, a spokesperson for the company said that when it opened last summer, the restaurant already had tables and chairs clearance from the Lands Department.

An authority document made available to the public on Friday explicitly states that their consent for encroachment was subject to Planning Authority approval. 

"This letter of consent is being issued for the sole purpose of allowing the submission of a Development Permission Application... and shall in no way be constructed as a final decision by the Lands Authority to award a concession by encroachment," the letter says. 

PA decision deferred

The Planning Authority was set to decide on sanctioning tables, chairs, and umbrellas for db's Spanish cuisine restaurant, Espiral, in the pedestrian area right next to the Sanctuary of Our Lady of Mellieħa. 

However, the Planning Authority's Urban Conservation Area Commission deferred its decision on Friday because the Lands Authority document granting consent to the encroachment had not been made available to the public. 

The commission's chair, Martin Camilleri, said the case needed to be deferred so that objectors could view the document. 

The document was immediately made public after that decision, a spokesperson for the Planning Authority confirmed. 

Andre Callus of Moviment Graffitti said controversial decisions are often deferred after a protest to "find an excuse". In this way, the permit is approved in another sitting when there is less attention, he said. 

Questions were sent to db Group, but a spokesperson said they had nothing to add to their statement following Friday's protest. 

In their statement, the db Group spokesperson said, "Singling out db Group's restaurant in Mellieħa is simply an attempt to influence Friday's planning decision".

The group added that several other restaurants serve patrons in the Mellieħa square. 

"db Group is not receiving or expecting any special treatment. It must be noted that, like all the other restaurants in the area, it has an agreement to clear the tables and chairs during religious festivities".

Catering furniture taking public space is increasingly becoming a contentious topic. 

Residents took to the streets of Valletta on Saturday, to protest about restaurant tables and chairs encroaching "pavements for citizens", while stickers saying 'no pavement, no vote' have also appeared in Sliema, Mellieħa, Marsascala and Buġibba over the last few days.

Meanwhile, in Gozo, the archpriest of Victoria slammed a land grab by restaurants outside the square in front of St George's Basilica. 

Last year, the Ombudsman called on parliament to demand proper rules and procedures for outdoor catering areas that take up public land, handing the House a set of recommendations for better enforcement.

But a year later, those plans and recommendations have remained shelved, with the Ombudsman last month slamming the authorities for delaying tackling the issue.