The Planning Authority is set to take direct action against two Marsascala eateries that have been served an enforcement notice for breaching planning laws, months after residents flagged their encroachment on public space.

According to a notice dated July 29 and published in the Government Gazette on August 17, Taninu Bistro, in Triq is-Salini, breached permit conditions by setting up a wooden structure on the public pavement. 

It also changed the use of public land in front of it by placing tables and chairs there.  According to the notice, the operators of the former gaming hall did not submit the required documentation to start operating as a restaurant.  

A separate notice said the Fajtata Kiosk on the other side of the locality, off St Thomas Bay, was set up permanently in a public parking area, while a wooden platform was built around the kiosk and tables and chairs set up on the pavement.

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

The illegalities by both eateries were flagged earlier this year by the Marsascala Residents’ Network for encroaching on public space.

Fajtata Kiosk was set up permanently in a public parking area.Fajtata Kiosk was set up permanently in a public parking area.

However, following the issuing of the notice in the Government Gazette, the PA last month told Times of Malta it was still unable to act against the eateries as they had yet to be “legally served” with the enforcement notice against them.

A spokesperson for the authority had said notices were normally sent by registered mail. If that attempt fails and the letter remains unclaimed, the authority serves the notice by hand or affixes it on site for five days.

Additionally, if a notice is appealed, action on that case would have to be suspended.

The PA has now informed Times of Malta that both outlets have now been served with an enforcement notice and no appeal had been made.  

The authority, a spokesperson added, had not sanctioned any of the illegalities and had “earmarked the two cases for direct action”.

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