Updated 4.25pm with PA statement

The Planning Authority chairperson was alerted to illegal works at the Grade 2 scheduled Barracuda building in St Julian’s three days before it issued a stop and enforcement notice, the mayor of the locality has revealed.

St Julian’s mayor Albert Buttigieg argued that the delay purposely gave the developer the time to do what he wanted – namely remove rare Maltese balconies and traditional tiles – without any permits in hand.

On Wednesday, two days after the PA trumpeted action against the illegalities and said daily penalties would be enforced on applicant Carlo Stivala, workers were also spotted in the building, which formerly hosted the Barracuda and Piccolo Padre restaurants. 

Permit application (PA3863/21), covering the protected property in question, has not yet been approved and had even been suspended by the project’s architect, Robert Musumeci.

Timeline of events

The PA issued its stop order on January 3, after news of the illegal works made headlines.

But Buttigieg had informed PA executive chairperson Martin Saliba about the illegal works on January 1 - a public holiday - and also sent the PA chair video footage.

Saliba immediately told Buttigieg that he had “informed enforcement”, would check for any permits and hoped the developers were “dismantling”.

But it would take until Monday afternoon for the authority to take action – enough time for the wooden balconies, dating back to the mid-19th century, and traditional patterned tiles from within to be removed.

This was also done despite the cultural heritage watchdog’s insistence on a site inspection for a "better understanding" of the proposed interventions before commenting further.

Mayor: PA order 'just a game'

Buttigieg, who has mounted a crusade to save St Julian’s from rampant development and destruction, said he was “morally convinced” the stop and enforcement notice was just a “game” and that its delay had allowed the developer to “wreck” the façade and interiors of the landmark seafront property. 

He said it appeared all entities did their part to facilitate this “destruction”, proving his point by presenting a timeline of events that saw the responsible authority procrastinating over action.

Having informed the PA’s chief on Saturday, January 1, works continued throughout the following day, Sunday, Buttigieg claimed.

On Monday morning, Buttigieg also e-mailed the PA’s enforcement unit, copying in Environment Minister Aaron Farrugia, Saliba, the ombudsman and the media about the illegal works, and asking if planning laws were only applicable to common citizens.

An hour later, the local council informed the applicant that a hook loader, parked on the corner of the busy Balluta coastal road, did not have the required permission.

The permit was only for a skip that had to be positioned in a parking bay, Buttigieg detailed.

But some eight hours after, the hook loader was still there, despite the Local Enforcement Systems Agency (Lesa), the police and Transport Malta being alerted to the situation and advised to take the necessary action.

It remained on site until 4.30pm, Buttigieg chronicled about being ignored.

As the works on the building continued into the afternoon, the mayor again contacted the minister and Saliba about the situation and was informed that fines and a stop notice would be issued.

At 3.45pm – “after the works were completed and what had to be destroyed was destroyed” – the stop notice was issued, Buttigieg said, highlighting the “coincidence” that this happened when all was done and dusted.

The story had since made it to the media.

Musumeci distances himself from illegal works

The mayor compared the lack of speed with which the enforcement notice was issued to the swift removal of billboards calling for justice for assassinated journalist Daphne Caruana Galizia.

"For this reason, I remain morally convinced that not only is there collusion between the authorities and the developer but also that this country is controlled by an octopus with long tentacles,” the mayor said.

Buttigieg also asked why the project architect, Musumeci, had suspended the planning application to alter the interior and façade of the building and change its use back in November, questioning whether it was intended to put objectors off his tracks.

The architect has insisted he had no connection with the alleged illegal interventions on the project and was only involved in the application process.

Musumeci also said that he would be considering what happened and take the due decisions, insisting he had no knowledge of the works being carried out.

PA confirms works stopped on Monday

The PA was asked whether it was aware that workers were still on site on Wednesday, following the order to stop works, and whether its Compliance and Enforcement Directorate was monitoring the situation to ensure these had stopped as it had ensured in its statement on Monday.

It replied through a public statement, saying that illegal works were halted on Monday but the site owner was given permission to fix runoff pipes to ensure forecasted rain did not damage the property. 

PA officers inspected the building on Tuesday and Wednesday, it said, and no unauthorised works were noted. 

"The workers who were on site today were securing the scaffolding to ensure that it is safe during the coming windy days," the PA said.