A Marsaxlokk fisherman cannot park his vehicles in his own garage because of a wall that stands too close to his door.

Angel Joseph Caruana says that for years, the authorities told him the wall was part of a structure built illegally in the 1970s and would eventually be demolished. He purchased the garage in the 1990s, believing the wall would eventually be demo­lished, opening the road in front and giving him comfortable access to his property.

“My boats, truck and fishing gear never made it into this garage, and thanks to the Maltese authorities, they probably never will,” Caruana told Times of Malta.

As it turned out, some parts of the structure were indeed illegal, and the planning authority removed them after issuing several enforcement notices. But a court has deemed valid a planning permit dating back to 1973, which indicates that the remains of the structure, including the notorious wall blocking the fisherman’s garage, was built lawfully.

An aerial view showing the Barumbara ta’ Lambert, the post-1970s structure surrounding it and Angel Caruana’s garage.

The issue revolves around the old Barumbara [dovecote] ta’ Lambert, located on the corner of Triq Tax-Xerriek with Triq il-Luzzu in the fishing village. It was historically a free-standing structure with an archway but it was bought by private owner in the 1970s and a structure, consisting of a garage and a dwelling, was constructed around it.

For some 50 years it remained in its unfinished state but the permits have now been cleared for construction to resume. Not only will the wall remain, but thanks to the permit, the owners sanctioned the structure’s remaining irregularities, and a 2017 application for another floor was also granted.

Angel Caruana says he purchased the garage after he was told the wall in front of it was illegal and that the structure would eventually be demolished, but it was not.

Caruana has since been fighting tooth and nail to get the permit revoked but late last month, he lost the final appeal and is now doomed to have a garage he cannot use. “Look at what I have to go through every day,” Caruana told Times of Malta as he squeezed his pick-up truck in reverse through the narrow pathway, to get as close to the garage door as possible.

Caruana squeezing his pick-up truck in reverse through the narrow pathway, to get as close to the garage door as possible.

“This is no way to help one of the few fishermen left,” he said, hauling huge bundles of fishing nets and other equipment up the ramp from his garage and loading them on to the truck. “I must have 10 of these fishing nets every day, and when they’re wet from the sea, they’re twice as heavy. I just can’t believe how the authorities can leave me with a garage I cannot use.”

I just can’t believe how the authorities can leave me with a garage I cannot use

The law stipulates that every garage must have at least 4.1 metres of open road in front of it, to make it possible for vehicles to be driven in. Caruana’s garage only has a three-metre wide pathway, making it impossible for him to manoeuvre his vehicles inside. However, the garage, which is part of a building that was erected after the structure was already built, was also constructed according to a valid planning permit.

In court, Caruana and his lawyer, Franco Galea, insisted that the wall blocking his entrance was illegally built, so much so, that the planning authority approved the garage anyway because the wall was invisible to it, and so it considered there were the required 4.1 metres in front of the door. They also argued that the 1973 permit is questionable because the plans for the structure were not submitted until 1981.

But on April 27, the court denied Caruana his request and upheld the permit for the structure, saying the structure came before the garage, and argued that it cannot deem it illegal if there was a valid permit saying it was not.

Monica Cassar, who owns the property along with her siblings, said they did not want to comment.

Last month, a separate appeals court also threw out a last-ditch attempt by the Marsaxlokk local council to prevent the 18th-century barumbara from being swallowed up by encroaching development. The council argued that the proposed deve­lopment is not in the interest of residents and is detrimental to the Grade 2 scheduled dovecote of historical and architectural importance.