An illegal concrete structure along the St Julian’s promenade that is over three times the permissible size has been slated for approval after the applicant applied for its sanctioning. 

The 12-square-metre structure had been built on the strength of a development notification but the permit was revoked following an investigation by the commissioner for environment and planning within the office of the ombudsman who recommended its revocation. 

At first, the PA ignored his recommendations forcing him to send the report to parliament for action, which was eventually taken.

The original permit was filed by Neptunes Waterpolo Club president Matthew Bonello who proposed the construction of a room for an ATM machine and an adjacent ticket booth, both 2.7 metres high, that stands on the roof of a structure overlooking the Neptunes pitch in Ċensu Tabone Street.

The PA endorsed the request and a permit was issued.

In its reply to the planning ombudsman during the investigation, the PA said it had not considered that work would be undertaken below road level, adding that it was the responsibility of the architect submitting the plans to indicate such work.

The ombudsman noted that such a structure is regulated by subsidiary legislation covering DNOs, which states that structures such as post boxes, ATMs, vending machines and telephone booths cannot have an area larger than one square metre. 

He said the structure approved by the PA was three times the permissible size.

The planning ombudsman investigated the structure upon receipt of a complaint from a resident who argued that the structure was built through a development notification order (DNO) when it should have gone through the normal permit process.

The ombudsman concluded the PA had committed errors in its endorsement of the DNO and had “irregularly approved it”.

Sanctioning application filed

While the investigation was under way, work on the structure continued at a fast pace and was completed and is already being used a tourist ticketing booth. 

Bonello filed an application for sanctioning and the case officer concluded that the developed room could be considered favourably because of the “limited scale of the proposal and the surrounding commitments”.

The Superintendence for Cultural Heritage objected to the proposed sanctioning in view of the structure’s impact on views of numerous scheduled properties across Balluta Bay. 

Several residents objected to the sanctioning, describing the structure as an “eyesore” and one that blocks the promenade. 

Among those who objected were planning lawyer Claire Bonello, independent candidate Arnold Cassola and the former mayor of St Julian’s, now Nationalist MP Albert Buttigieg, who denounced the “construct first, sanction later mentality” that was leading to “environmental havoc”.

He added that it would set a precedent for other applications on the same promenade or other promenades in the country.

The case officer, however, said that, although the structure is directly linked to the tourist nature of the area, its massing and location was “a sensitive issue”. 

“As noted by the Superintendence for Cultural Heritage, the structure will impinge on views of the scheduled buildings across the bay, as well as obstruct sea views… in what is considered an already cluttered promenade. Nevertheless, the directorate believes that, as a result of the current context, located adjacent to existing structures, the fact that the structure does not lie within a designated setting for a scheduled building or monument, as well as the limited size of the building, the proposal can be favourably considered,” the case officer concluded.

He recommended the imposition of a fine of €1,277. 

The planning history linked to the site is riddled with sanctioning permits, including the sanctioning of windbreakers, a retractable glass, an outdoor catering area, a retractable canopy and items related to the restaurant. 

The last permit issued was one allowing the sanctioning of a fixed shading structure.