News stories detailing the way catering establishments are taking over pavements in Marsascala is but the latest in a long series. Nowhere is sacred, and far less safe: similar stories have emerged from Sliema, Gżira, Valletta and Gozo to mention but a few.
The COVID-19 restrictions have badly accelerated the trend whereby several restaurateurs have applied to extend their dining areas on to public land. This made sense as a temporary measure, part of a larger effort to keep these businesses afloat; now that the restrictions have been lifted, it has turned into state-sponsored encroachment.
On the Sliema-Gżira promenade, a kiosk has taken over the pavement in spite of illegalities on the site. The same is happening in Marsascala, where numerous restaurants have taken control of pavements and alleyways, severely restricting access for users and limiting mobility for people with disabilities.
In Valletta, the contentious food court approved by the Planning Authority in 2018 has been followed up by an application to install permanent canopies, even though the existing ones have been subject to enforcement.
Up the road, an oversized platform erected outside a ‘boutique’ hotel has further incensed residents, who have to deal with increasing noise and congestion from such structures.
In this case, the PA had fast-tracked AX’s application, with the huge metal structure installed just days after the permit was issued. Even here, the PA and the Malta Tourism Authority dragged their feet on enforcement, with the former stating that the structure should be demounted after hours to ensure public access. Is the PA really enforcing these conditions?
It would be interesting to know if the various authorities issuing such permits (MTA, PA, Lands) have applied a time limit for these concessions. With the pandemic ‘over’, there should be no reason to issue such permits, let alone sanctioning such encroachments.
The situation is doubly farcical. Faced with ever-growing pressure from speculation, road building and now commercial outlets, residents across Malta have borne the slow but steady theft of their public spaces. As it happens, multiple parking slots are taken up for platforms. Diners may not totally enjoy the experience of eating on the sidewalk of a very busy main road, an experience made of fumes, horns and all the atmosphere traffic can bring.
In the meantime, the PA seeks some glory and validation by publishing a list of enforcement actions carried out in the past months. The authority chose to trumpet the low-hanging fruit: the demolition of semi-abandoned rooms or the restoration of illegal pathways outside development zones. However, none of this enforcement action concerned urban spaces, and no enforcement on abuses such as those of Marsascala and Sliema can be foreseen.
Moreover, the authorities have the tendency to investigate certain complaints and claim there’s no illegality, or else, fail to enforce: the Valletta canopies have been illegal for at least two years, and risk becoming a precedent for the development of new structures.
Complacent authorities backing up uncaring restaurateurs will only make residents angrier, especially if they find little or no backing from their local councils. In a situation where the authorities have abdicated their responsibilities, the only recourse for residents is court action, short of resorting to taking the law into their hands.
It is telling indeed that a measure aimed to protect businesses has seen it backfire, yet again, on the common citizen. It is greed that drives such restaurateurs, and those who stand in the way of proper enforcement and respect for basic rules and decency.