A kiosk removed from a public parking lot last year, as it was there illegally, is again under investigation after having reappeared at the same spot in Marsascala.

According to an enforcement notice published last summer, the Fajtata Kiosk, off St Thomas Bay, was set up permanently in a public parking area and a wooden platform was built around it, with tables and chairs set up on the pavement.

The case is being reinvestigated by our enforcement and compliance directorate and action will be taken as deemed necessary- Planning Authority spokesperson

All of this resulted in changing the use of public land into a place for commercial activity, according to the notice.

The Planning Authority (PA) had initially told Times of Malta it was unable to act against the kiosk owners as they had yet to be “legally served” with the enforcement notice against them. But, in October, the regulator informed Times of Malta that the outlet had been served with an enforcement notice and no appeal was made.

The authority had not sanctioned any of the illegalities and had “earmarked” the case for “direct action”.

By the end of the year, the kiosk had been removed, however, it reappeared in the same place this week.

'Old enforcement notice closed'

When contacted, the PA said that no permits for the placing of a kiosk had been issued “since the old enforcement notice was closed”.

“The case is being reinvestigated by our enforcement and compliance directorate and action will be taken as deemed necessary,” a spokesperson said.

The kiosk is one of several eateries the Marsascala Residents Networks had said was encroaching on public space in the locality.

The residents claim that businesses are taking pavements away from pedestrians, often illegally, making them difficult to navigate, especially for those with pushchairs or mobility issues.

After flagging their concern with the local council, the latter asked the Lands Authority to mark areas where restaurants and cafes can place tables and chairs and to act on illegalities.