A Planning Commission on Friday refused to decide on an application by Is-Suq tal-Belt to replace its existing outdoor canopies with two retractable ones, shifting the responsibility on the Planning Board.
Commission chairperson Martin Camilleri said that since the board had decided on previous similar applications related to the same site, it was the board that should determine this application.
The application has been recommended for refusal by the Planning Authority’s case officer.
The structures in front of the Grade 1 listed building have been a cause of contention since 2019, when they appeared and continued to obstruct the view of the building’s iconic arched facade, earning comparisons to a “cheap shed”.
The case officer’s report found that the proposed structures could not be considered favourable because they do not relate to the existing facade of the scheduled building and run counter to planning policies that aim to “protect and enhance the character and amenity of urban areas”.
The report also said that retractable canopies are not permitted within an urban conservation area. Since the entirety of Valletta is designated as such, only awnings or free-standing umbrellas would be an acceptable proposal.
Three years ago, the Planning Authority had pursued enforcement action against the original canopies installed on-site by Arkadia Marketing Limited, saying that these had been erected without a permit.
Arkadia maintains that it did have permission to do so through a development notification order issued in 2018, which allowed a one-time installation of a permanent canopy and appealed the PA’s enforcement, which subjected it to a daily €50 fine.
Arkadia appealed the enforcement action and in 2021 successfully argued that a final decision on the matter should be deferred until the PA decided on this current application, effectively stalling the enforcement procedures.
The controversial outdoor space outside of the building had been initially conceived as an outdoor dining area and an outdoor plaza that would double up as an exhibition space, however, the space has been continually taken up by tables and chairs for the benefit of the patrons of the catering establishments there.
The tables and chairs had been placed outside the venue before a planning application seeking permission to do so was even filed. Despite being recommended for refusal by the PA’s case officer, they were approved by the planning board.