Tribunal revokes permit for restaurant in Qajjenza green area

The Environment and Planning Review Tribunal has revoked a permit (PA/08389/24) for the development of a restaurant on a site designated as a green area in Qajjenza, Birżebbuġa, Din l-Art Ħelwa said.

The environment NGO had filed the appeal.

It argued that the permit conflicted with local plans and undermined the very purpose of designating land as public open space. According to the local plan, the area is intended to be developed as a public garden and may include facilities related to children's play. The policy does not permit restaurants, cafeterias, or similar commercial uses on the site.

Din l-Art Ħelwa further pointed out that the local plan specifically identified alternative locations in Qajjenza for such facilities, including the nearby Ferretti Battery, demonstrating the clear planning intention to accommodate catering establishments elsewhere.

In an attempt to circumvent this policy restriction, the applicants proposed an accessible green roof above the restaurant, Din l-Art Ħelwa said. It maintained that the Planning Authority's acceptance of this argument was fundamentally flawed. A green roof could not be used to justify the commercialisation of a space intended to serve the public as a green open area.

In its decision, the Tribunal agreed that the approved development failed to comply with the applicable planning framework and revoked the permit.

Din l-Art Ħelwa welcomed the decision and said it confirmed the need to respect planning policies over creative interpretations that defeat their very purpose.

"Land designated for public green spaces must be protected in accordance with applicable planning policies. Allowing a restaurant on a site specifically reserved for a public garden would have undermined both the local plan and the public interest it seeks to safeguard," it said. 

Din l-Art Ħelwa was represented by architect Tara Cassar.