The Environment Ombudsman is investigating a permit issued by the Planning Authority giving the green light to a roadside platform for tables and chairs outside a St Julian’s cafeteria without the blessing of the Lands Authority.
Environment and Planning Ombudsman Alan Saliba upheld a request by St Julian’s mayor Albert Buttigieg to investigate how the PA “abusively” issued a permit in August last year when the Lands Authority was objecting. The permit was originally denied in June and reversed a month later at the appeals stage.
Work on the building of the platform was stopped in December following complaints by the council and the Lands Authority. The platform is being built by Nola Café, in Main Street, St Julian’s and operated by Remax Excellence. Among other issues, the council is complaining about the taking up of valuable parking spaces and the traffic chaos such facilities create.
Two of the five parking spaces that were lost were for people with a disability.
The green light for the platform was given by the PA without consultation with the local council and without the approval of the Lands Authority.
But a spokesman for the PA told Times of Malta that the permit did not mean the applicant had title over the property.
“The structure is covered by development permission PA7027/17.
“During the processing of this application, the Government Property Division had submitted their no objection to the development,” a spokesman for the planning watchdog said.
He explained that there was a provision in the Development Planning Act stating that “any development permission approved shall be without prejudice to third party rights and shall not in any manner constitute or be construed as a guarantee in favour of the applicant as to the title to the property”.
He said such provision made it clear that, once an applicant was in possession of a planning permit, he could not claim that he had a valid title on the land if that did not exist.
Therefore, the last say as to whether a development on which a planning permit was obtained still rested with the owner of the land, the spokesman said.
Sources said the Land Department had requested the PA to reconsider the application granted to the café owner.
The Environment and Planning Ombudsman has requested both the PA and the Land Authority to explain their position on the case in question by the end of the month.