A Sliema resident was so frustrated by a restaurant’s illegal outdoor seating that she took the unusual step of applying for permission to take up public land herself.
Annamaria Baldacchino says she was even willing to pay for the encroachment concession so she could return the area to its rightful use as a public pavement.
She and other residents of The Strand have been fighting a long-running battle against Gourmet Cocktail Bar & Grill, which has occupied the road and pavement area illegally for years.
Encroachment concessions are granted by the Planning Authority and are usually for allowing public areas to be used for the placement of tables and chairs.
Some 58 have been handed out since 2020 in Sliema and St Julian’s, according to a parliamentary question submitted by Nationalist MP Albert Buttigieg in May.
But Baldacchino’s request for encroachment was refused by the Lands Authority, which gave no reason for its decision.
An Administrative Review Tribunal has since revoked the Lands Authority’s refusal because no reason for the refusal was given.
The application will now have to be reconsidered by the Lands Authority.
Residents along the once upmarket seafront have long complained about being forced to go around obstacles to enter their homes and garages, put up with noise pollution and rowdiness in what is now effectively a nightlife zone.
Bars and restaurants occupy public land with outdoor seating that has narrowed the pavement too.
Baldacchino’s lawyer, Claire Bonello said legal action would be pursued to ensure “we are not further discriminated against”.
“All the authorities prefer to accommodate long- term lawbreakers but do not allow citizens to apply legitimately to pay to use the pavement for what it was intended – a pavement,” she said.
The application was for the area that the restaurant had overtaken illegally.
“If someone can operate there illegally for over 10 years, without paying a penny during the illegal occupation, how come someone like Annamaria Baldacchino cannot apply and be willing to pay the rent for the concession just to use it as a pavement,” Bonello argued.
Baldacchino vowed to continue her fight along with other residents of the area.
“The planning and lands authorities are giving out our public land to business, irrespective of the effect they are having on neighbouring residences,” she said.
“Unfortunately, the authorities turn a blind eye and deaf ear to our pleas even though it is their moral obligation to protect us and ensure our social well-being.
“We, the residents, want these enclosures removed and the road returned to us and people visiting Sliema.”